ing by me, or my estate, and any liabilities to which I or my estate may be alledged to be subject, upon any evidence they or he shall think proper, and to accept any composition or security for any debt, and to allow such time for payment [either with or without taking security] as to the said acting executors or executor shall seem fit, and also to compromise or submit to arbitration and settle all accounts and matters belonging or relating to my estate, and generally to act in regard thereto, as they or he shall think expedient, without being responsible for any loss thereby occasioned. AND I APPOINT my said wife, and the said E. F., G. H., and I. K., guardians of my infant children. IN WITNESS WHEREOF, I, the testator, have hereunto set my hand and seal, this day of SIGNED, SEALED, AND DELIVERED by the testator, in the presence of us, who, [in his presence] at his request, and in the presence of each other, have here- > A. В. unto subscribed our names as witnesses. E. F., of, &c. G. H., of, &c. L. S. 1224. WILL of a PERSON giving all his PROPERTY to his WIFE, and appointing her EXECUTRIX. THIS is the last will and testament of one A. B., of I give, devise, and bequeath all my real estate, of whatever description, and wheresoever situate; AND ALSO all my leasehold and other personal estate and effects, whatsoever and wheresoever, UNTO and TO THE USE of my wife, C. B., her heirs, executors, administrators, and assigns, according to the nature and tenure thereof: AND I APPOINT my said wife executrix of this my will. IN WITNESS WHEREOF I have hereunto set my hand, this day of SIGNED by the testator, in the presence of us, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as witnesses. E. F., of, &c. A. B. There is no necessity, in a simple will of this nature, to direct the payment of debts, and funeral and testamentary expenses, as the law requires that, without any direction by the testator. It is only necessary to insert such a direction in a will when the testator intends charging any specific property with the payment of his debts. 1225. GIFTS not in SETTLEMENT. - All TESTATOR'S property I, A. B., of and Province of Canada, of to WIFE. in the county of , revoke my previous testament ary dispositions, and declare my will to be as follows : (1.) I DEVISE AND BEQUEATH my real and personal estate [subject as to trust and mortgage estates to the equities subsisting therein] UNTO and TO THE USE of my wife, her heirs, executors, and administrators. (2.) I APPOINT my wife guardian of my infant children during their respective minorities, and executrix of this my will. IN WITNESS, &c., (as in n. 1223.) 1226. All TESTATOR'S property to WIFE, with LEGACIES to I, A. B., of and Province of Canada, of CHILDREN. in the county of , revoke my previous testament ary dispositions, and declare my will to be as follows: (1.) I BEQUEATH to every child of mine who shall be living at or born after my death, [or be then dead, leaving issue then living,] and who shall attain twenty-one years, or [being a daughter] marry, a legacy of dollars, without interest. (2.) SUBJECT as aforesaid, I devise and bequeath my real and personal estate [subject as to trust and mortgage estates to the equities subsisting therein] UNTO and TO THE USE of my wife, her heirs, executors, and administrators. (3.) I APPOINT my wife guardian of my infant children during their respective minorities, and executrix of this my will. IN WITNESS, &c., (as in n. 1223.) 1227. LEGACIES and ANNUITIES to TESTATOR'S BROTHERS and SISTERS. - RESIDUE to one BROTHER. I, A. B., of and Province of Canada, of , in the county of , revoke my previous testament ary dispositions, and declare my will to be as follows: , (1.) I BEQUEATH to A. and B. a legacy of dollars apiece. (2.) I BEQUEATH to my father, during his life, an annuity of $200; to my brother X., [if he shall be living at the death of my father, and thenceforth during his life,] an annuity of $200; to my mother during her life, an annuity of $200; to each of my sisters, C. D. and E., who shall be living at the death of my mother, and thenceforth during her life, an annuity of $50; to my sister, F., [if she shall be living at the death of my mother, and thenceforth during her life,] an annuity of $100; the said annuities to be charged exclusively on my real estate, and paid by equal half-yearly payments, and so that the annuity to each of my said sisters shall be paid to her for her separate use, and no anticipation thereof shall be valid. (3.) I DEVISE my real estate UNTO and TO THE USE of my brother Y., his heirs, executors, administrators, and assigns; as to trust and mortgage estates subject to the equities subsisting therein, and as to all other estates [charged as aforesaid] absolutely. (4.) I BEQUEATH the residue of my personal estate to my brother Y., his executors, administrators, and assigns, absolutely, and appoint him my executor. IN WITNESS, &C., (as in n. 1223.) 1228. SPECIFIC DEVISES and BEQUESTS.- RESIDUE to TESTATOR'S NEPHEW. I, A. B., of and Province of Canada, of , , in the county of revoke my previous testament ary dispositions, and declare my will to be as follows: (1.) I DEVISE AND BEQUEATH my real estate in the county of UNTO and TO THE USE , , and the county of of C., his heirs, executors, and administrators, absolutely. (2.) I BEQUEATH iny leasehold premises, No. street, in , to D., her executors and administrators, for the residue of my term therein, and so that she, her executors and administrators, shall discharge and keep my general estate indemnified against all liability under the lease thereof. (3.) I BEQUEATH to V. the sum of dollars, [free from legacy duty,] to W. my gold watch, to X. all other my trinkets and my plate. (4.) I DEVISE AND BEQUEATH my real and personal estate, not hereby otherwise disposed of, [subject as to trust and mortgage estates to the equities subsisting therein,] to my nephew, Y., his heirs, executors, and administrators, and appoint him my executor. IN WITNESS, &C., (as in n. 1223.) 1229. REALTY and PERSONALTY-TRUSTS of the whole for SISTER for LIFE, and afterward for her ADULT CHILDREN absolutely. I, A. B., of and Province of Canada, of , , in the county of ary dispositions, and declare my will to be as follows: (1.) I DEVISE AND BEQUEATH my real and personal estate UNTO , and TO THE USE OF and , their heirs, executors, and administrators; UPON TRUST that they, and the survivor of them, his executors or administrators, or their or his assigns, shall pay the income thereof to my sister, C. D., during her life, for her separate use, and so that no anticipation thereof shall be valid, [with power for my said trustees and trustee to lease, repair, and insure against fire any houses or land hereby devised, and to retain in specie all or any leaseholds and of my personal estate ;] and, after my said sister's death, in trust for my nieces, shares. , and their heirs, executors, and administrators, in equal (2.) PROVIDED (1.) That the surviving or continuing trustees or trustee [or the executors or administrators of the last surviving or continuing trustee] may appoint one or more persons in the place and with the powers of every original or future trustee, who shall die, retire, or be abroad, or refuse or become incapable to act, the premises being on each appointment either revested or not at discretion. The vacancies may be supplied at the same or several times, and in any order, [and so that any one or more may be left unsupplied,] and, if occasioned by the death of an original trustee or trustees, whether such death shall precede mine or not; and every refusing or retiring trustee shall be deemed continuing for the purpose of supplying, if willing, his own or any other then subsisting vacancy: [(2.) THAT no trustee shall be responsible for deferring the sale of any real estate, notwithstanding any consequent loss or expiration of interest:) (3.) THAT every trustee and executor of my will, who may be a solicitor or attorney [including the said ] shall be entitled to the same professional remuneration as if he had not been such trustee or executor. (3.) I APPOINT my wife [and such persons as she shall by will or codicil appoint] the guardian and guardians of my children during their respective minorities; I DEVISE my trust and mortgage estates [subject to the equities subsisting therein] UNTO and TO THE USE of the said their heirs, executors, administrators, and assigns, the mortgage money being taken as part of my personal estate; AND I appoint the said my executors, with power for them and every acting executor of my will to compound or satisfy claims against my estate upon any evidence, and , , to accept any composition or security for, or allow time [either with or without composition or security] for the payment of debts owing to my estate, without liability for loss. IN WITNESS WHEREOF, &c., (as in n. 1223.) 1230. WILL of a MARRIED WOMAN appointing an absolute INTEREST in PERSONALTY to her HUSBAND, [with legacies to other persons,] under the usual SETTLEMENT POWER in default of CHILDREN. I, M. B., the wife of A. B., [formerly M. H., spinster,] in exercise of my power under my marriage settlement [dated, &c.] with the said A. B., revoke my previous testamentary dispositions, and declare my will to be as follows: (1.) IN EXERCISE of my said power, I appoint that [on failure of the trusts of the said settlement preceding the trust for me if I should survive my said husband, otherwise for such person or persons as I should by will or codicil appoint,] the premises comprised in the settlement shall be held [after paying my funeral and testamentary expenses and debts] As to dollars, in trust for L. M.; as to dollars, IN TRUST for N. O.; AND as to the residue thereof, IN TRUST for my said husband. (2.) I APPOINT the trustees or trustee of the said settlement at my death executors or executor of my will. IN WITNESS WHEREOF, &c., (as in n. 1223.) 1231. WILL of a MARRIED WOMAN appointing a LIFE ESTATE in PERSONALTY to a HUSBAND. I, , the wife of A. B., [formerly , spinster,] in exercise of my power under the will [dated, &c.] of X. Y., appoint that the trustees or trustee of the said will shall pay the income of the trust premises to my said husband [if he shall survive me] during his life. IN WITNESS WHEREOF, &c., (as in n. 1223.) revoke my previous testament ary dispositions, and declare my will to be as follows: |