WILLS. Strict Limitations. (Full Form.) Inventory to be taken of furniture. ried (1); and I hereby direct, that as soon as conveniently may be after my decease, an inventory shall be taken by my executors hereafter named of all and singular the furniture, pictures, busts, plate, books, and other articles which shall then be therein, or belonging thereto, and signed by them my said executors and my said wife, and one copy of the same be retained by them my executors, and one other copy thereof be delivered to my said wife. Devise of free- AND I give and devise all my freehold and copy. hold (2) messuages, lands, tenements, and heredi hold and copy hold lands to trustees, for 99 years. Wife till second marriage. Description of devised estates. for their forthcoming to the remainder-man, Blacker v. Bentley, 1 Ch. Rep. 110; but now it only requires an inventory to be made of them, Foley v. Burnell, 1 Br. C. C. 279; Locke v. Barnett, 2 Atk. 430; Bell v. Kynaston, 2 ibid. 82; and if any be worn out in use the tenant for life is not answerable, but if it be sold as useless he must account for the produce, Hayle v. Burrodale, 1 Eq. Ca. ab. 361, pl. 8; and such inventory must he deposited with the Master for the benefit of all parties, Bell v. Kynaston, 2 Atk. 82. But this is only where the property is bequeathed specifically, as in other cases the rule is that personal property bequeathed to one for life with remainders over shall be invested in the 3 per cent. consolidated annuities; Howe v. Dartmouth, 7 Ves. 137. But a bequest of personal property to one for life, and to his children at twenty-one, and in default of children attaining that age, then over, the remainder over would be too remote, Cambridge v. Rous, 8 Ves. 24; Stanning v. Style, 3 P. Wms. 336; and see Barlow v. Salter, 17 Ves. 479, and post, p. 732, n. (3). (1) Confining a devise to the wife during her widowhood, or until her second marriage, is good; Jordan v. Holkham, Amb. 209; vide also Ridley v. Wilson, ib. 73; and Burleton v. Humfrey, ib. 259; Northcote v. Duke, ib. 510. (2) It has been holden that where the will of a devisor happens not to be attested in the manner required by the statute of frauds for the devise of estates of inheritance, and the devise be of the testator's messuages, lands, and hereditaments, gene taments, situate, lying, and being at parish of in the county of Strict Limitations. [the copyhold whereof I have surrendered to the use of my will (1)] unto (trustees) of, &c. and their heirs (2), to the uses, upon the trusts, and for the (Full Form.) rally, without specifying whether they be freehold or otherwise, &c. even those of which the devise does not require such an attestation will not pass; it is therefore proper expressly to mention the several kinds of estates separately. See Rose v. Bartlett, Cro. Car. 293; Addis v. Clement, 2 P. Wms. 458; Knotsford v. Gardiner, 2 Atk. 450; Chapman v. Hart, 1 Ves. 271. (1) Copyholds not being within the statute of wills, which Copyholds. extends only to lands holden in socage or free tenure, would not until the 55 Geo. III. c. 92, pass by the will of the owner, unless they had been previously to the testator's death surrendered to the use of his will; but by that act, sec. 1, it is declared that devises of copyholds made by persons dying after the passing that act shall be valid, although not previously surren◄ dered to use of the testator's will: the words within brackets may now, therefore, be omitted. But if the testator be himself a devisee of the copyholds, he cannot devise them unless he be admitted; Wainwright v. Elwell, 1 Madd. 627. testator's debts. (2) At the common law a testator might, by devising his Lands liable to estates from his heir, defeat his specialty creditors of their security upon his real property, as the heir was bound only in respect of assets descended to him from his ancestor; but by 3 and 4 Wil. and Mar. c. 14, s. 2, "all wills and testaments, limitations, dispositions, and appointments, of or concerning any manors, messuages, lands, tenements, and hereditaments, or of any rent, profit, term, or charge, out of the same," are declared to be void as against any such creditor or creditors, who are thereby (s. 3) authorised to bring actions of debt upon their bonds and specialties against the heirs of the obligor and his devisee jointly, which persons shall (s. 5) be liable thereto, notwithstanding any alienation of the said lands and hereditaments, before actions brought, except that by sec. 4, of the same act, any limitation, appointment, devise, or disposition of any manors, WILLS. Strict Limitations. (Full Form.) ends, intents, and purposes, and under and subject to the powers, provisos, conditions, and limitations hereinafter expressed concerning the same, (that is to say) as to and concerning such of the said messuages, lands, tenements, and hereditaments, as are of a freehold nature or tenure, to messuages, lands, tenements, or hereditaments, for the raising or paying of debts, or for portions or sums of money for any child, of any person (other than the heir at law) in pursuance of any marriage contract entered into in writing before marriage shall be good, and the same shall be holden by every such person for whom the said limitation, &c. shall be made, and his or her heirs, executors, administrators, assigns, or trustees, until such debts, &c. shall be raised and paid. And see as to the construction of this act, Ridout v. E. of Plymouth, 2 Atk. 104; Golt v. Atkinson, Willes, 524; Plunkett v. Penson, 2 Atk. 292; Wilson v. Knubley, 7 East, 128. Upon which it may also be observed that the personal estate cannot be exempted from payment of the debts of the testator, unless by express devise of the real estate for payment of them in discharge of the personalty, or other plain and unequivocal declaration or manifestation of such intention, see Tower v. Rous, 18 Ves. 132; and Stephenson v. Heathcote, 1 Eden, 38 and 46, note. Nor can the heir be disinherited unless by an actual devise from him, or other express words or necessary implication, 2 Dow. 210. 218; Kellett v. Kellett, ib. 248. 254; (see the popular notion that the bequest of a shilling to him is necessary for that purpose refuted, Rancliffe v. Parkyns, 6 ib. 184); and the following is the mode in which the assets of the testator are to be applied: 1st. His personal estate, unless exempted expressly, or by plain implication, (as by being specifically bequeathed). 2d. Estates devised (not merely charged) for payment of debts. 3d. Estates descending to the heir. 4th. Estates charged generally with payment of debts. 5th. And lastly, estates devised specifically; vid. Gray v. Minnethorp, 3 Ves. 103; Burton v. Knowlton, ib. 107; Brummel v. Prothero, ib. 111; Manning v. Spooner, ib. 117; Downe v. Lewis, 2 Brow. Ch. Ca. 257; Harwood v. Oglander, 8 Ves. 125. WILLS. Strict Limitations. (Full Form.) secure annuity wife. the use of (trustees for wife's jointure) of, &c. their executors, administrators, and assigns, for and during the term of ninety-nine years, to commence and be computed from the day of my decease, without impeachment of waste, UPON TRUST Upon trust to that they the said (same trustees) and the survivor to testator's of them, and the executors and administrators of the survivor, and their and his assigns, shall and do, out of or by means of the rents, issues, and profits of the said hereditaments and premises, (subject to and after payment of the expense of repairing, draining, and improving the same, and insuring the messuages and buildings thereon from loss or damage by fire in the full value thereof, and paying and discharging all taxes, assessments, and other outgoings in respect thereof, and of carrying into execution the trusts and powers hereinafter created or given of enclosing, draining, fencing, planting, and improving my estates, and of admittances to copyholds, and a proper salary or other allowance to a steward or other person to oversee and manage or receive the rents of my estates), or by mortgage, sale, or other disposition thereof, or of a competent part thereof, in the opinion of the said trustees or trustee, for all or any part of the said term, or by bringing actions against the tenants or occupiers of the said premises, or by making entries thereupon, or by any other ways or means which they or he shall think fit, levy and raise during the term of the natural life of my said wife (if she shall so long continue my widow) an annuity WILLS. Strict (Full Form.) or clear yearly sum of £ of lawful money of the United Kingdom of Great Britain and IreLimitations land, of English value and currency, clear of all deductions whatsoever, whether for or on account of the charges or expenses attending the levying or raising the same, or any income or property tax, or any other tax, duty, matter, or thing whatsoever; and pay the same annuity or yearly sum unto her my said wife, her appointees or assigns, for her and their own proper use and benefit, by equal quarterly payments on the 5th day of January, the 5th day of April, the 5th day of July, and the 10th day of October, in every year, and a due proportion thereof, from such of the said days as shall happen next preceding her death up to the day of her decease; the first payment of the said annuity or yearly sum to be made on such of the said days or times of payment as shall happen next after my decease (1). AND to and for this Power of distress. To wife independently of future husband. (1) If it be the wish of the testator that the provision made for his wife should be received, notwithstanding any future marriage, but independently of her husband, say, "And do and shall pay the said annuity or yearly sum of £ unto such person or persons, and to and for such intents and purposes, and in such manner and form as she my said wife shall from time to time, notwithstanding any her future marriage or coverture, by any note in writing under her hand direct or appoint; and in default of and until such direction or appointment shall be made, do and shall pay the same or so much thereof concerning which no such direction or appointment shall be made or take effect, into the proper hands of her my said wife for |