sonal estate is wholly gotten in and applied, see Co. Lit. p. 290, b. The best way, however, is to make the real estate chargeable in the first instance, as above proposed. WILLS. General Remarks. holds. If there be any leasehold lands either for lives or years which Intail of leaseare to be intailed with the family estate, there should be a direction to renew the leases, either out of the rents and profits of the lands therein comprised or by mortgage thereof; or that money for the purpose should be raised under the trusts of the two thousand years term. Where a testator's fortune consists pay of real and partly of personal estate, and it is his intention to secure an annuity to his wife, and equal provisions for all his children, the way will be to devise the real estate to trustees. In trust to sell and apply the money for the purposes aftermentioned, and to declare that the trustees, their heirs, executors, &c. (for the heir of the surviving trustee may be the person who will sell, and therefore have the disposition of the money arising from the real estate) shall stand possessed of the money arising from the personal estate, and by the sale of the real estate, in trust to pay the funeral expenses, debts, and legacies, and to place out on government or real securities such a sum of money as will produce the required annuity for the wife. If all the children are young, the next trust may be to place the surplus out at interest, and direct that the money so placed out shall be in trust for all the children equally, with benefit of survivorship in the usual manner, and with powers to apply the interest of their shares for their maintenance, and to raise part of the principal for placing them out in business, &c. But if some of the children are nearly of age, there need not be a direction to place out the whole trust-money, but the residue may immediately after the provision for the wife be directed to Real and per sonal estate; an nuity for wife, and rest for children equally. WILLS. General Remarks. Personalty only. be in trust for all the children as above, with a direction that the shares of such of them as shall be under twenty-one at the testator's death shall be placed out at interest, and that the interest therefrom arising shall be applied for their maintenance till their portions become payable. There must be the usual declaration that until the sale of the real estate the rents shall be applied as the interest of the money arising by the sale is made applicable, and the clause that the receipt of the trustees shall be a sufficient discharge should be inserted. If the testator is in business, the clause to compound debts due to his estate, and to admit debts due from him on such evidence as the trustees shall think reasonable, may be useful. And if the children are very young and numerous, it may be a useful provision to direct that the wife (if she should be a person equal to it) shall annually settle and allow the trustee's accounts, and that after being settled and signed they shall not be questioned by the children or any claiming under them; but such a clause as this is more particularly useful where a share of the residue of the testator's personal estate is left to one of his daughters, being a married woman, for her separate use for life, and at her death amongst her children, for they may be spirited up by their excluded father to give the trustees all possible trouble. The above plan of a will applies equally where there is personal estate only to be disposed of amongst children. In which case the provision for the wife, which is generally by way of annuity, may be made either by directing the trustees or executors to place out a certain sum at interest, and pay her the produce, which will then vary accordingly as the interest of money is higher or lower, or, which seems a preferable mode, by directing such a sum to be placed out on government security as will give the income required, in which case no more than is wanted need be invested; on the decease, or second marriage of the wife, (accordingly as it is the testator's intention), the money appropriated for answering the annuity may be directed to fall into and follow the disposition of the funds from which it is directed to arise. If the interest of the children's portions will be more than sufficient for their maintenance, the surplus should not be left unregarded, (for in that case it would not go over to the others under the clause of survivorship, but would vest in the next of kin of any child dying under age), but should be directed to be added to and go with the portion from which it arises. If the trust estate is so inconsiderable as to be incapable of maintaining the wife and children without an application of the whole, or part of the principal, it must be given to trustees, in trust to apply the surplus, after payment of his debts, for the maintenance of the wife, and the maintenance, education, and benefit of the children, in such manner as the trustees shall think proper. WILLS. General Remarks. estate. Where the testator has a small landed property, and wishes Small real to make a provision for his family, consisting of a wife, a son, and daughters, the son being of age and the daughters nearly so, the way is to devise the land to a trustee, to the use of such trustee for a term of years; remainder to the son in fee. The trusts of the term to be for raising and paying the testator's debts, an annuity to his wife, and the portions to his daughters, to be vested at twenty-one, or marriage with the consent of the mother, if living, or if dead, with the consent of the trustee, his executors, &c. And if the daughters die before their portions become vested, such portions not to be raised: there should be the usual declaration that the receipt of the trustee shall be a sufficient discharge; and for the cesser of the term. No. I. Will of Freehold, Copyhold, and Leasehold Estates, in Strict Settlement; also of Money in the Funds, and other Personalty. With a Variety of special and ordinary Provisions, &c. (1) Variations where the Strict Limitations are not made by the Will, but directed to be made by Trustees after the Testator's Death. WILLS. Strict Limitations. (Full Form.) IN THE NAME OF GOD, AMEN. I (the testator) of, &c. Do make this my last and only will and testament in manner following, (that is to say) I give and devise the mansion-house at with the park, lands, and grounds thereunto adjoining or belonging; and also all and every the household and other furniture (2), pictures, busts, Additional provisions, &c. Household furniture, &c. (1) See also the marginal notes, variations, and riders at the end of the precedents of MARRIage settlements, (ante, p. 281, et seq.) any of which may with equal propriety be inserted in a WILL of the like species of property. (2) So many questions have arisen as to what things will pass under the words household furniture, wearing apparel, goods, chattels, and effects, when given as specific bequests to the widow or other legatee, that a testator cannot be too particular in explaining his own import of these and similar expressions, plate, books, and other things whatsoever usually (2), unto my dear WILLS. Strict Limitations. (Full Form.) Devise of man sion-house and To wife for life. furniture. either by particularising the several articles by name, or by such circumstantial description of their place and kind, that no doubt can be entertained as to the identity of the things meant, more especially as the courts lean very much against specific legacies, on account of their diminishing the general effects of the testator applicable to the payment of debts. See Innes v. Johnson, 4 Ves. jun. 568; Kirby v. Potter, 4 ib. 748; and vid. Howe v. Earl of Dartmouth, 7 Ves. jun. 137; Sibley v. Perry, ib. 522. (1) As it has been holden that the devise of a house, together Exceptions of with the "household goods, and whatever else shall be in it at cash. the time of the testator's death, will include cash, and doubts have been entertained whether bank notes will not also be included; see Stuart v. Marquis of Bute, 11 Ves. jun. 662: these things should therefore be expressly excepted if they be not intended to pass to the devisee, West v. Moore, 8 East, 339. (2) It is common for testators to express their kindness to Best watch, &c. particular friends by bequeathing to them emphatically "my best gold watch," or the like; but such a vague description would endanger the gift for uncertainty: unless therefore the subject of the bequest be specifically described, it should be left at the choice of the legatee, or the selection of the executors; and see Peck v. Halsey, 2 P. Wms. 387. (3) Household furniture and other goods, &c. may be be- Furniture for queathed to one for life, with remainder over to others, Vachel life. v. Vachel, 1 Ch. Ca. 130; Hyde v. Parratt, 1 P. Wms. 1; and see Cadogan v. Kennet, Cowp. 432; Marshall v. Blew, 2 Atk. 217; Hoare v. Parker, 2 Durnf. and E. 376; and post, p. 732, n. (3). And such a bequest entitles the legatee to use them any where, or even let them out to hire, Marshall v. Blew, supra ; formerly, however, the legatee was required to give security VOL. VII. Z Z |