tively (1) the

days of

; the release being of

which was in the year

parts, and made be

before or after the failure of such issue, and whether I should be covert or sole, and notwithstanding my then intended or any future coverture, by my last will and testament in writing, or any writing in the nature of or purporting to be my last will and testament, or any codicil or codicils thereto, to be respectively by me signed and published in the presence of and attested by or more credible witnesses, should

direct or appoint, or give or devise the same. Now," &c. as above.

WILLS.

By Feme Covert,

or Person under a Power.

power not es

sential.

A direct reference to the power is not however necessary in Reference to order to the validity of its execution by will, but the will must so point or apply to the subject of the power as to render it certain that it was the intention of the testator to exercise the power; see Andrews v. Emmott, 2 Brow. Ch. Rep. 297; Langham v. Nenny, 3 Ves. jun. 467; Crot v. Slee, 4 ib. 63; Bennett v. Aburrow, 8 ib. 609.

If the subject be paraphernalia, &c. say,

day of

and

“AND WHEREAS under or by virtue of an indenture of settlement bearing date the made between, &c. I am enabled and empowered by my last will and testament in writing, or any codicil or codicils thereto, or any writing purporting to be or being in the nature of my last will and testament, or of a codicil or codicils thereto, to be by me signed and published in the presence of and attested by three or more credible persons, to give and dispose of my jewels, watches, rings, necklaces, trinkets, and ornaments of my person, and other my paraphernalia whatsoever, to any person or persons whomsoever, without any hindrance, interruption or interference of the said (husband) my said husband, his executors, administrators, or assigns, or any other person or persons by or with his or their consent or permission. Now," &c. as above.

Paraphernalia,

WILLS.

By Feme Covert,

a Power.

tween, &c. the messuages or tenements, lands, hereditaments, and premises hereinafter described, or Person under were conveyed and assured unto (the trustees) of, &c. their heirs and assigns, TO THE USE (in default of issue of the marriage,) of such person or persons, for such estate or estates, interest or interests, and to and for such ends, intents, and purposes, and upon such trusts, and charged and chargeable in such manner, and subject to such powers of revocation and new appointment, and other powers, provisos, declarations, and agreements as I, from time to time, or at any time or times during and notwithstanding my then intended or any future coverture, and whether I should be sole or married, by my last will and testament in writing, or any writing in the nature of or purporting to be my last will and testament, or any codicil or codicils thereto, to be respectively by me signed, sealed, and published in the presence of and attested by three or more credible witnesses, should from time to time limit, direct, or appoint, or give or devise the same. Now in exercise and execution of the power or authority so given or reserved to me as aforesaid, and of every or any other power and authority enabling me in this behalf, I the said (testatrix) by this my last will and testament or testamentary writing, signed, sealed, and published by me in the presence of three credible persons (whose names are or are intended to be hereunto subscribed as witnesses attesting the same) do give, devise, and

Devise or appointment of lands to trustees.

WILLS.

By Feme Covert,

bequeath (1), and limit, direct, and appoint that all and singular the several messuages or tenements, lands and hereditaments, situated and be- or Person under ing in, &c. and now in the tenure or occupation with the lands and appurtenances to

of

a Power.

(1) If the subject be leaseholds, say,

"Do give and bequeath, and direct and appoint that all and singular my leasehold messuages, or tenements and premises (describe them) shall be and remain unto," &c.

Leaseholds.

If the bequest be of money in the funds or the like, see Money in the ante, p. 586.

funds.

land.

If the will be for the purpose of charging the premises with Charge upon the payment of a sum of money in pursuance of a settlement or other power, (after reciting the settlement as in the preceding note) say,

"Do charge and make chargeable ALL those, &c. with the payment of the said sum of £ unto the said (trustees) their executors, administrators, and assigns, upon the trusts, &c. as above. AND in further pursuance of the said power or authority, or of some other power or authority enabling me for that purpose, I do hereby devise, limit, and appoint ALL and singular the same messuages, &c. unto them the said (trustees) their executors, administrators, and assigns, for the term of years, to be computed from the day of my decease, with such power, authorities, and remedies for recovering, receiving, and raising the said sum of £ , as in the said in part recited settlement (or

will) are expressed concerning the same."

If the will by a wife be merely by the assent of her hus- Will by assent band, the words of devise or bequest will be the same as in of husband. common wills, without being so framed as to meet the exercise

of a power, as,

"I the said (testator) do, by and with the express assent of my said husband, testified by his signing his name hereunto, give, devise, and bequeath unto," &c.

WILLS.

the same belonging, shall be and remain unto By Feme Covert, (trustees); and I do accordingly give and devise or Person under the same unto them the said (trustees) and their

a Power.

mother for life.

Husband for life.

heirs, upon the several trusts, and to and for the several uses, ends, intents, and purposes hereinafter expressed and declared of and concerning Upon trust for the same, (that is to say) IN TRUST (1) to pay the rents, issues, and profits thereof, after deducting the land-tax, and all other charges and outgoings attending the same, unto and her assigns, or otherwise permit or suffer him or them, for her own use and benefit during her natural life; and from and immediately after her decease, then UPON TRUST to pay unto or permit and suffer my said husband to receive the rents and profits thereof during the term of his natural life; and from and after the decease of my said mother and Children during my said husband, upon further TRUST that they my said trustees, and the survivors and survivor of them, and his heirs, shall, and do from time to time during the respective minorities of all and every my children, whether now or hereafter to be born, who shall be living at the time of cease, pay and apply the rents, issues, and profits thereof, for and towards their respective maintenance and education, and use and benefit, in equal proportions, share and share alike, if more

minority.

my

de

Variations.

(1) Various other trusts, &c. of property will be found by reference to the margins of the preceding forms, and voce WILL in the INDEX.

than one, and if but one, then to pay and apply

WILLS.

or Person under a Power.

On children estates to be

attaining 21,

sold, and pro-·

the whole thereof for and towards the maintenance By Feme Covert, and education, and use and benefit of such only child, at the discretion of them the said trustees or trustee; and from and immediately after all and every my said children shall have attained their respective ages of twenty-one years, then IN TRUST that they my said (trustees) and the survivor of them, and his heirs, shall, and do sell or cause duce divided to be sold, the said last-mentioned trust estate for amongst them. the best price or prices that can or may be had or gotten for the same, and the money arising therefrom or thereby, pay and apply equally to and amongst all and every my said children, share and share alike, (if more than one) and if but one, or but one surviving child, then the whole thereof to such child, for his, her, or their use and benefit, and at his, her, and their respective ages aforesaid. AND in case it shall happen that any Survivorship of my said children shall die before having attained his, her, or their age or respective ages aforesaid, then my will is, that the part or share, or parts or shares of such child or children so dying, as well in respect of the rents, issues, and profits of the said estates so payable during their respective minorities, as of the said monies arising by sale thereof, shall be equally divided and go and be paid to and amongst the survivors of them, (if more than one) share and share alike, when and as their original shares respectively shall become due and payable as aforesaid, and if but one, then the same to be paid to such only child

VOL. VII.

3 K

between them.