WILLS. Strict Limitations. (Full Form.) estates under the limitations of this my will, convey and assure the said advowson or right of patronage, unto and to the use of him my said son, or other person or persons who shall be so entitled as aforesaid, his and their heirs and assigns for ever (1). Devise of lands in mortgage to testator. Devise of Lands in Mortgage. AND WHEREAS I am seised of or entitled to various estates in mortgage (2), or subject to re Devise of ad. vowson. Mortgage. Lands in mortgage. (1) Or the advowson may, instead of the form above given, be devised to trustees for a term of years upon the like trusts, with a declaration that "when the trust of the said term of years shall have been satisfied or discharged by such presentation as aforesaid, and the costs, charges, and expenses attending the execution of the said trust shall have been paid, the said term shall cease and determine." (2) A mortgage is in substance a chattel interest, and will pass by a will of the lands which a testator may be possessed of at the time of his death, if the equity of redemption be not previously foreclosed; Thompson v. Grant, 4 Mad. 438. But lands in mortgage to the testator will not pass by a mere general devise of his lands, tenements, and hereditaments, unless such clearly appear to have been his intent; see Wynn v. Littleton, 1 Vern. 3; D. Leeds v. Munday, 3 Ves. jun. 348; AttorneyGeneral v. Bowyer, ib. 714; ex parte Sergison, 4 ib. 147; Attorney-General v. Buller, 5 ib. 339; Lord Braybroke v. Inskip, 8 ib. 417; Co. Lit. 203, n. (96); or unless the equity of redemption be previously released or foreclosed; Strode v. Russell, 2 Vern. 625; 1 Br. P. C. 229; and a decree for an account on a WILLS. Strict Limitations. (Full Form.) convey on pay ment of mort demption on payment of certain principal sums advanced by me upon the security of the same. Now I give and devise all and every the messuages, lands, tenements, and hereditaments whatsoever, whereof I am so seised or entitled by way of mortgage, with their and every of their appurtenances, and all my estate and interest therein unto my said (trustees) their heirs, executors, ad- Upon trust to ministrators and assigns (according to the nature of the said respective estates), UPON TRUST and to the intent that they the said (trustees) or the survivor of them, or the heirs, executors, or administrators of such survivor, and their or his assigns, do and shall, on payment unto my executors and administrators of such sum and sums of money as shall be due and owing upon or in respect of the said several mortgaged premises, convey, assign, gage money. bill of foreclosure is insufficient, for the estate does not lose the quality of a mortgage until the final order of foreclosure; Thompson v. Grant, 4 Madd. 438; but it is holden that general trust estates will, by such a devise, unless rebutted by a contrary intent; ex parte Morgan, 10 Ves. jun. 101. To prevent questions, therefore, as to whether it were the intention of the testator or not, it should be expressly so declared. And it is to be observed, that the bequest of a sum due on mortgage will pass the principal sum only, and not arrears of interest; Roberts v. Thaffyn, 2 Atk. 113; see Marlow v. Smith, 1 P. Wms. 97, 1 Atk. 605, n.; Rade v. Reade, 8 Durnf. and E. 218. Nor will a devise of lands" subject to the mortgage thereon," Copyholds. exonerate the personal estate; Ashley v. Earl of Tankerville, 3 Br. Ch. Rep. 545; which are doctrines the testator ought to be apprized of, that he may provide against them if contrary to his intentions. VOL. VII. 3 G WILLS. Strict (Full Form.) Such money to be part of testator's residuary estate. and assure the same, with the appurtenances, unto or for the person and persons who at the time of Limitations making such respective payments shall be entitled to the equity of redemption thereof, and to his, her, and their heirs, executors, administrators, or assigns, according to the nature of the said premises respectively. AND I do hereby direct that the monies which shall be received for or in respect of the said several mortgages shall be paid and applied by the said trustees or trustee to and for such uses, ends, intents, and purposes as are mentioned and directed in and by this my will of or concerning the residue of my personal estate. months next after my death, and I do hereby di (1) When a legacy is given by a stranger for the benefit of an infant, and it is desirable that his father should have the disposal of it for that purpose, it should be expressly given or maintenance of son, until 21. and in case of his death, such other of my said testator's eldest sons as, for the time being, shall be entitled to the immediate freehold of or in my estates hereinbefore limited to or for the use of them my said sons respectively as aforesaid, shall have and be allow ed for his maintenance and education out of the rents, issues, and annual proceeds of the said estates, the yearly sum of £ until he shall attain the age of years; and from and after his attaining that age, then the yearly sum age of of £ until he shall attain the full age of twenty-one directed to be paid to the father, as he cannot otherwise, it seems, give a discharge for it; see Dagley v. Talfenny, 1 P. Wms. 285; Phillips v. Paget, 2 Atk, 8. WILLS. Strict Limitations. (Full Form.) Bequest of legacy to servant. Bequests to Servants. I GIVE and bequeath unto my old servant if he shall be living with me at the time of my decease, the sum of £ to be paid to him within the space of three calendar months next after my decease, with interest for the said sum after the rate of five per cent. per annum (1), from the day of my decease until payment thereof (2); and also an annuity or yearly sum of Rate of interest. When legacies vested and carry interest, (1) The rate of interest allowed by the court in default of any contrary directions by the testator, is four per cent.; Pierson v. Garnet, 2 Brow. Ch. Ca. 37; Malcolm v. Martin, 3 ib. 53. (2) Many disputes having arisen between executors and legatees as to the time at which legacies ought to be considered as becoming a vested interest under the testator's will, and also from what time they ought to bear interest, these things should be expressly stated. As some general guide to a testator in this respect, and that he may know how far the rules of the court may agree with his own intentions, it may be proper to observe, that unless the testator directs at what time the legacy shall be paid, it will not be payable till the end of twelve calendar months after his death, it not being presumed that the testator's personal estate is reduced into possession until one year after his death; Enticke v. Markland, 6 Ves. 520; Bourke v. Ricketts, 10 ib. 333; Wood v. Penoyre, 13 ib. 383; and until it is payable it will not (although it should sooner become vested) carry interest, unless interest in the mean time be expressly given, or such an intention be strongly implied; Tyrrell v. Tyrrell, 4 Ves. 1; Maxwell v. Wettenhall, 2 P. Wms. 26; Laundy v. Williams, ib. 481; Gibson v. Bott, 7 ib. 96; or unless the legatee be a child of the testator, Butler v. Freeman, 3 Atk. 60; Heath v. Perry, ib. 102; Cricket v. Dolby, 3 Ves. jun. 13; Tyrrell v. Tyrrell, 4 |