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Trustees' indemnity clause.

Guardians.

Trust and mortgage estates.

Executors.

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: [(4.) THAT no trustee shall be responsible for deferring the sale of any real estate, notwithstanding any consequent loss or expiration of interest :) (5.) THAT Every trustee and executor of my will, who may be a solicitor or attorney, [including the said S. P.,) shall be entitled to the same professional remuneration as if he had not been such trustee or executor.

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 M. N., T. M., and S. P., their heirs, executors, administrators, and assigns, the mortgage money being taken as part of my personal estate; AND I APPOINT the said M. N., T. M., and S. P. 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 the my estate, without liability for loss. IN WITNESS, &c., (as in n. 1223.)

to

1235. APPOINTMENT by a WIFE of PERSONAL ESTATE settled upon her by a MARRIAGE CONTRACT; to take EFFECT on her DECEASE.

TO ALL TO WHOM THESE PRESENTS SHALL COME, I, E. B., wife of

G. B., of

of

and Province of Canada,

of

,

,

in the county of
send greeting.

WHEREAS, by indentures tripartite, bearing date, &c., made between the said E. B., [by her then name and addition of E. C., of , spinster,] of the first part, the said G. B., of the second part, and W. B. and J. B., of the third part, it was agreed by the said parties that the said W. B. and J. B., amongst other things, should stand possessed of certain capital stock , in the said indenture mentioned to have been transferred, on the day of the date thereof, to the said W. B. and J. B., by the said E. B., and any other estate which might thereafter be

in

498

substituted therefor, IN TRUST to receive and collect the incomes, profits, and dividends of the said capital stock or substituted estate, so often and whenever the same should be payable, and pay over the same, or so much thereof as the said E. B. should not direct to be added to the principal for the purpose of accumulation to the said E. B., during her coverture, upon her sole and separate receipt therefor, and free from the control or interference of her said husband or any other person whatsoever; AND IN TRUST, upon the decease of the said E. B. during the lifetime of her said husband, to transfer and pay over the said capital stock, or substituted estate, to such person or persons as she, the said E. B., by any instrument or note in writing subscribed by her in presence of at least two credible witnesses, should order and appoint to take and receive the

same;

NOW KNOW YE that I, the said E. B., by virtue and in pursuance of the said powers and limitations in the said indentures contained, and in pursuance of every other power and authority in me now being, do direct and appoint the said W. B. and J. B., as soon after my decease as conveniently may be, to transfer and pay over to C. D., of the whole of the said capital stock or substituted estate, and the incomes, profits, and dividends thereon accrued, which shall not have been received by me, to her sole and separate use, according to the limitations, trust, and true intent of the said indenture.

,

IN WITNESS, &C., (as in n. 1223.)

1236. CONDITION that the OBLIGOR shall suffer his INTENDED WIFE to make a WILL.

WHEREAS a marriage is shortly intended to be solemnized between the above bounden L. R. and one M. W.;

NOW THE CONDITION of this obligation is such that, if, after the said intended marriage shall be solemnized between the said L. R. and M. W., the said L. R. shall quietly permit and suffer the said M. W., in due form of law, to sign, seal, publish, and declare her last will and testament in writing, and in and by the same to bequeath, or otherwise to dispose of, at her free will and pleasure, unto such person or persons as to her shall seem meet, the sum of $ of lawful money of Canada; AND FURTHER, in case of the said L. R. surviving the said M. W., if the said L. R., his heirs, executors, or administrators, or any of them, upon reasonable request to him or them in that behalf made by any such person or persons to whom she, the said M. W., shall give and bequeath any moneys, not exceeding in the whole the said sum of $

,

,

or the value

thereof, shall pay, or cause to be paid, all and every such moneys, so bequeathed as aforesaid by the said M. W., in such manner as shall be by her appointed; THEN this obligation to be void, otherwise to remain in full force and virtue.

1237. PROVISION for CHILDREN born after the EXECUTION of

a WILL.

I GIVE, BEQUEATH, AND DEVISE all the rest, residue, and remainder of my real and personal estate to my children now living, or who may be living at the time of my decease, or born after my decease, to be divided equally between them, share and share alike.

1238. The SAME in ANOTHER FORM.

I GIVE AND BEQUEATH to each and every of my children, born subsequent to the execution of this my last will and testament, the sum of dollars, to be paid in the same manner as the other legacies herein before mentioned.

ALOF

1239. DEVISE of an ANNUITY.

,

,

on

I GIVE, DEVISE, AND BEQUEATH to my wife, E. B., and her assigns, for and during the term of her natural life, one annuity, or clear yearly rent, or sum of free of all taxes and other deductions, to be issuing and payable out of the real estate above devised to my son, C. B., in equal half yearly payments, at the day of January and July, in each and every year as aforesaid; AND I do hereby charge the said real estate with the payment of the said annuity, yearly rent, or sum of dollars, at the times and in the manner aforesaid; FULLY empowering and authorizing my said wife, and her assigns, provided the said annuity, or any part thereof, shall remain unpaid after the expiration of twenty days from the time when the same shall be due and payable as aforesaid, to enter into ALL AND SINGULAR the premises charged with the annuity as aforesaid, and the rents, issues, and profits thereof, to receive and take, until she and they be therewith and thereby, or by the person or persons then entitled to the immediate possession of the premises, paid and satisfied, the same and every part thereof, and all the arrears then due and payable, together with her and their costs, damages, and expenses, paid out and sustained by reason of the non-payment thereof, or of any part thereof.

1240. WILL of REAL and PERSONAL ESTATE.-Short Form. THIS IS THE LAST WILL AND TESTAMENT of me,

this

day of eight hundred and

,

,

made

in the year of our Lord one thousand , as follows:

I GIVE, DEVISE, AND BEQUEATH all my messuages, lands, tenements, and hereditaments, and all my household furniture, ready money, securities for money, money secured by life assurance, goods, and chattels, and all other my real and personal estate and effects, whatsoever and wheresoever, unto heirs, executors, administrators, and assigns, to and for

,

, and their own absolute use and benefit, according to the nature and quality thereof respectively; SUBJECT only to the payment of my just debts, funeral and testamentary expenses, and the charges of proving and registering this my will. AND I APPOINT

AND hereby revoke all other wills.

execut

IN WITNESS WHEREOF, &c., (as in n. 1223.)

of this my will,

[blocks in formation]

, DECLARE this to be a codicil to day of

my last will and testament, dated the

WHEREAS E. F., in my said will named, has lately died;
NOW I HEREBY APPOINT L. M., of

of

to be a

trustce and executor of my said will, and a guardian of my infant children, in the place of the said E. F.; and I declare that my said will shall accordingly be read and construed as if the name of the said L. M. had been inserted therein throughout, instead of the name of the said E. F.; and in all other respects I confirm my said will.

IN WITNESS WHEREOF, &c., (as in n. 1223.)

1242. CODICIL appointing a TRUSTEE and EXECUTOR in the place of a DECEASED TRUSTEE and EXECUTOR appointed by the TESTATOR'S WILL.

of

THIS IS A CODICIL TO THE LAST WILL AND TESTAMENT of me, A. B.,

of

,

in the county of

and Province of Canada, of

, which bears date the

,

day

WHEREAS by my said will I have appointed C. D. to be one of the trustees and executors thereof; AND WHEREAS the said C. D., having lately died, I am desirous that E. F., of shall be substituted as a trustee and executor of my said will in the place of the said C. D.; NOW, THEREFORE, I do hereby appoint the said E. F. to be one of the trustees and executors of my said will, in the place of the said C. D., deceased; and I do hereby declare that my said will shall be construed and take effect throughout as if the name of the said E. F. had been inserted in my said will instead of the name of the said C. D. And in all other respects I do confirm my said will.

IN WITNESS WHEREOF, &c., (as in n. 1223.)

1243. CODICIL APPOINTING a TRUSTEE and EXECUTOR in the place of one DECEASED.

I, A. B., of

and Province of Canada,

of

, in the county of , DECLARE this to be a codicil day of

to my last will and testament, dated the (1.) I APPOINT C. D., of

,

trustee and executor of my

said will, in the place of X. Y., deceased; my said will being read as if the name of the said C. D. had been there substituted throughout instead of the name of the said X. Y.

(2.) [I BEQUEATH to the said C. D., provided he shall act as trus, thereby

tee and executor of my said will, the legacy of $ bequeathed to the said X. Y.]

(3.) In all other respects I confirm my said will. IN WITNESS WHEREOF, &c., (as in n. 1223.)

1244. POWER to postpone the SALE of REAL ESTATE.

I EXPRESSLY DECLARE, that, notwithstanding the TRUST for sale herein before contained, it shall be lawful for the said trustees or trustee, for the time being, to postpone or defer the sale of any part of my said real estate, (but which real estate shall nevertheless be deemed to be of the nature or quality of personalty,) for such period as to them, or him, shall seem expedient, and that until such sale, the income, if any, arising from the said real estate, shall go and belong to the person or persons who would be entitled to the annual produce of the money arising therefrom, or of the investments of such money under the TRUST therein contained, if such sale had actually taken place.

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