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SECTION II.

Observations applicable to a will of real and personal estate, or of personal estate only.

CHAP. III.

SEC. II.

The following plan of a will applies equally to a case where the testator has personal estate only, as where he has both real and personal estate to dispose of, it being his intention to convert the realty: we will therefore suppose a testator's property to consist partly of real and partly of personal estate, and that he wishes to secure an annuity for his wife, and equal portions for his children, he may make his will in the following manner. He should devise the real estate to trustees, In trust, to sell Trust to sell. and apply the money for the purposes after mentioned,and he may dispose of his furniture, or any specific part of his personal estate, which he intends for his wife, and give any pecuniary legacies he may think proper, and then bequeath the residue of his personal estate to trustees, In trust, to convert the same into money for the purposes after mentioned, with a declaration that the trustees, their heirs, executors, &c., (1) shall stand possessed of the money arising from the personal estate and from the sale of the real estate, In trust, in the first place, to pay the funeral and testamentary expenses, debts and legacies, and to place out on government, or real security, such a sum of money as will produce the intended annuity for the wife.

(1) For the heir of the surviving trustee may be the person who will sell, and therefore may have the disposition of or controul over the money arising from the real estate. As it is not convenient to have two sets of trustees, namely, the heirs for the produce of the real estate, and the executors for that of the personal estate, it is the practice of some eminent conveyancers to direct, that in case of a sale by the heirs, they shall pay the produce to the executors, &c., and that the executors, &c., shall stand, and be posessed of, &c.

CHAP. III.
SEC. 11.

Provision for

debts and annuity for widow.

children,

when young,

If all the children are young, the next trust may be to place the surplus out at interest, with a direction that the money, so placed out, shall be, In trust for all the children equally, with benefit of survivorship, in the usual Provision for manner, with powers to apply the interest of their shares, or a competent part thereof, for their maintenance, and to raise part of the principal for the purpose of placing Provision for them out in business. But, on the other hand, if some children, when of the children are nearly of age, a direction to place the nearly of age. money out at interest will not be necessary, but the residue, after the provision for the wife, may be directed to be, In trust for all the children, as above, with a declaration that the shares of such of the children as are under twenty-one, at the time of the testator's death, shall be placed out at interest, and that the interest arising therefrom shall be applied for their maintenance till their portions become payable. There must be the usual direction, that until the sale of the real estate, the rents shall go in the same course as the interest of the money arising from the sale of the real estate is, by the will, directed to be applied in, and also a declaration that the receipt of the trustees shall be a good discharge. If the testator be in business, the trustees should be empowered to compound debts due to his estate, and to admit debts due from it, on such evidence as they shall think reasonable and sufficient.

When the children are

authorized to

If the children be young and numerous, it may be young, the wi- proper to direct that the widow shall annually settle and dow should be allow the trustees' accounts; and that after being settled and signed by her, they shall not be questioned by the children or any person claiming under them. Such a clause is more particularly useful, where a share of the residue of the testator's estate is left to one of the

settle and al

low trustees' accounts.

daughter's being a married woman, for her separate use for her life, and at her death among her children, for otherwise they might be induced by their excluded father to give the trustees all possible trouble.

CHAP. III.

SEC. II.

annuity.

The provision for the wife, which is generally by way Mode of raisof annuity, may be made either by directing a certain ing the widow's sum to be placed out at interest, and to pay her the produce, which would then vary according to the rate of interest, or such a sum may be directed to be placed out on government securities as will produce the intended income, in which case no more than the amount actually necessary need be invested. On the decease of the testator's widow, or on her marriage, (according to the intention,) the money appropriated for answering her annuity may be directed to fall into and follow the disposition of the residue of the fund out of which it is raised.

If the interest of the children's fortunes be more than sufficient for their maintenance, the surplus should be directed to accumulate and go with the portion from which it arises.

Where the testator's property is so small as to be incapable of supporting his wife and children, without taking a part or the whole of the principal, it may be given to trustees, In trust to apply the surplus, after payment of his funeral and testamentary expenses and debts, to and for the maintenance of his wife, and the maintenance, education and benefit of his children, in such manner as the trustees shall deem most prudent.(1) Where a testator has a small property, and, having no

(1) Where a testator is possessed of a small property, of which the interest alone is insufficient for the support of his wife, and yet he is still unwilling to give her the absolute property in the whole, he may frame his will after the mode suggested by the case of Upwell v. Halsey, 1 P.W.

651.

Form of will where property is small.

CHAP. III.
SEC. II.

Where testator

vide for an ex

children, wishes to provide a maintenance for his wife, without giving her the absolute control of the principal, he may, in cases where the interest or other annual produce of the principal would be insufficient for this purpose, bequeath the whole to trustees, in trust, to invest it in government securities, and thereout, from the dividends and the sale of so much of the principal stock, (as may from time to time be necessary,) to pay her a certain income, bequeathing the residue, after her death, to any other object of his bounty.

Where a testator has an extravagant son, or other wishes to pro- relative for whom he is anxious to provide, without travagant son, subjecting his bequest to the claims of creditors, there should be a trust for his personal benefit.

&c.

Points to be attended to in bequeathing a legacy.

Commencement.

General devise
to trustees for
a term.

In bequeathing a legacy, the points to be attended to are the following:-1st. A correct description of the legatee.-2d. The amount of the legacy, and the fund from which it is payable.-3d. The time of vesting.— 4th. The time of payment.—5th. The conditions (if any), on which it is to be defeated.

The various provisions proper to be introduced into a will of extensive landed and personal property, will be found to be comprised in the following forms :

I [the testator] do hereby revoke all wills, codicils and other testamentary dispositions made by me at any time or times heretofore, and declare this to be my last will and testament

I give and devise all my manors or lordships, or reputed manors or lordships, capital and other messuages, farms, lands, tenements, rectories, advowsons, hereditaments and real estate whatever, in England, Ireland, the West Indies, or elsewhere, of or to which I, or any person or persons in

SEC. II.

trust for me, am, is, or are seised or entitled for an estate CHAP. III. of freehold and inheritance in fee simple, in possession, reversion, remainder or expectancy, or which I have power by this my will to dispose of, or appoint for an estate of freehold and inheritance in fee simple, in possession, reversion or expectancy, including the capital messuage or and other estates in the

mansion house at

counties of, &c., and in Ireland and the West Indies, the reversion whereof is limited to me in and by the indenture of settlement executed on the marriage of my son, &c., with their and every of their rights, royalties, members and appurtenances, and all my estate, right, title and interest therein respectively, But subject to the preceding uses and estates therein respectively, as to such of the same premises as are subject to any use or estate, or uses or estates preceding the estate or interest I have the power to dispose of by this my will, To the uses, &c., hereinafter limited, expressed and declared, of and concerning the same, (that is to say),

To the use of the said [trustees], their executors, administrators and assigns, for and during, and unto the full end and term of 1000 years, to commence and be computed from my decease, and thenceforth next ensuing, and fully to be complete and ended, without 'impeachment, &c.,

Upon and for the trusts, &c., hereinafter expressed and contained of and concerning the same, and from and after the expiration or sooner determination of the same term of 1000 years, and, in the mean time, subject thereto and to the trusts thereof,

To the use of my son, the said, &c., [limitations in strict settlement]

the term.

And as to the said term of 1000 years, hereinbefore limited Declaration of to the said [trustees], their executors, administrators and the trusts of assigns, I do declare that the same term is so hereby limited to them upon and for trusts, intents and purposes, hereinafter declared and contained, of and concerning the same, (that is to say)

Upon trust that they the said [trustees], or the survivor

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