Bequest of stock in trade.

paid for the space of fifteen days next over or after any of the aforesaid days of payment, then and so often it shall and may be lawful to and for the said A. B. and his assigns to enter upon all and every or any part of the said hereditaments charged with the said annual sum or yearly rent-charge as aforesaid, and to distrain for the same, or for so much thereof as shall be so in arrear, and all costs and charges occasioned by the non-payment

thereof; and such distress to sell, in like manner as for rent reserved by lease or common demise.

Whereas I have for some time past carried on the business of, &c., at, &c., and whereas I am desirous that the said business should be carried on after my decease, for the benefit of my wife and children, in manner hereinafter mentioned. Now, therefore, I do hereby give and bequeath my said business of, &c., and all my interest therein, and all my stock and effects now or hereafter to be employed therein, and all moneys and debts which shall belong and be due and owing to me at the time of my decease, for or on account of the said business, with the premises

If the annuity • " Provided also, and I declare my will to be, that in case be to cease on the said A. B. shall, at any time or times, become bankrupt, bankruptcy.

or take the benefit of any act or acts of parliament for the relief or discharge of insolvent debtors, then, and in either

of the said cases, the said annuity shall cease. Proviso

Provided also, and I do hereby expressly declare and diprevent the rect, “ that in case the said C. D. shall alien, sell, assign, assignment of incumber, or transfer, or in any manner dispose of or antian annuity. cipate the said annuity or yearly sum of L.

, or any part thereof, then, and in such case, and from and immé. diately after such alienation, sale, assignment, or transfer, the same annuity or yearly sum shall cease, determine, and be void, and shall sink into, and become part of, the residue of my personal estate and effects.” As to these provisoes, see Dommett v. Bedford, 3 Ves. 149, 6 T. R. 684 ; Brandon v. Robinson, 18 Ves. 429; Lear v. Leggett, 2 Sim. 479, and 1 Russ. and M. 690; and Whitfield v. Brockett, 2 Keen, 608, and ante, 647.

employed in or connected with the carrying on of the said business, unto the said [trustees,] their executors, administrators, and assigns, upon trust, &c.

I give, devise, and bequeath unto C. D., of, &c., General de and E. F., of, &c., their heirs, executors, administra- vise of estates, tors, and assigns, all my freehold, leasehold, and raise money copyhold messuages, farms, lands, tenements, and by sale or hereditaments, wheresoever situate, with their rights, mortgage. members, and appurtenances, to hold to them, their heirs, executors, administrators, and assigns, according to the nature and tenure of the same premises, upon trust, that they, the said, &c., or the survivor of them, his heirs, executors, administrators, or assigns, do and shall, by sale or mortgage of the same, or a competent part thereof, or by, with, and out of the rents, issues, and profits to arise therefrom in the meantinie, or by all or any of the ways and means aforesaid, or by such other ways and means as to them or him shall seem meet, raise and levy the sum of, &c., [or “such sum and sums," &c.] And I declare and direct, that the receipt or receipts of the said (trustees,] or the survivor of them, his executors, administrators, or assigns, shall be a sufficient discharge, or sufficient discharges, for the purchase or mortgage-money that shall or may be agreed to be paid or advanced, and that the person or persons paying or lending the same, his, her, or their heirs, executors, administrators, or assigns, shall not be answerable for any loss, mis-application, or non-application thereof respectively.

And I do hereby declare, that the said trustees or Direction for trustee, for the time being, shall and do stand and trustees to be possessed of such part of my personal estate as shall consist of money, and of the moneys to arise from such other part of my said personal estate as I have hereinbefore directed to be converted into money, and of the moneys to arise from the sale of the premises hereinbefore directed to be sold, upon trust that they, the said trustees or trustee, for the time being, do and shall, with and out of such moneys, pay, satisfy, and discharge all my just debts, funeral

invest money.

Declaration as to the trusts.

A devise in fee.simple.

and testamentary expenses, and do and shall lay out and invest the residue of the said moneys which shall remain, after answering the purposes aforesaid, in their or his names or name, in the parliamentary stocks or public funds of Great Britain, or at interest on real securities in England or Wales; and do and shall, from time to time, alter, vary, and transpose the said trust-moneys, so to be laid out and invested as aforesaid, for or into other stocks, funds, and securities, of the like nature, at their or his discretion. And I do hereby declare, that the said trustees or trustee, for the time being, shall stand and be possessed of and interested in the said trustmoneys, and the stocks, funds, and securities, in which the same shall be invested, and the interest, dividends, and annual produce thereof, upon and for the trusts, intents, and purposes hereinafter expressed and declared, of and concerning the same ; (that is to say,) upon trust, &c.

I give and devise all that my estate called M., with the rights, members, and appurtenances thereunto belonging, situate, &c., unto C. D., of, &c., his heirs and assigns for ever.

I give and devise all that, &c., unto C. D., son of E. D., of, &c., his heirs and assigns for ever ; but in case the said C. D. shall depart this life before he shall attain the age of twenty-one years, and without leaving lawful issue him surviving, then I give and devise the said, &c., unto, &c.

In witness whereof, I have hereunto set my hand and seal, this day of in the year of our Lord 18

In witness whereof, I have to this my last will and testament, comprised in five sheets of paper, set my hand and seal, (to wit) my hand at the foot of each of the four preceding sheets of paper, my seal at the top of the said sheets, where all the said sheets are joined together, and my hand and seal to this fifth and last sheet, this, &c.

Signed, sealed, published, and declared, by the above-named A. B., the testator, as and for his last will and testament, in the presence of us, who, at

Devise to an infant.



his request, in his presence, and in the presence of each other, have subscribed our names as witnesses thereto.

The writing contained in this and the four preceding sheets of paper was signed, &c.

There must, in all cases, be two attesting witnesses, and it is necessary that the execution, or acknowledgment of the execution of the will, should be at a time when all the witnesses are present.

Though not necessary, it may be advisable that the testator and witnesses should sign not only the last sheet, but all the preceding ones, as thereby any alteration would be more easily detected.

by this

Exercise of a Power by Will. Whereas, &c. [recite the instrument creating the power.] Now I, the said A. B., pursuant to, and by force and virtue, and in exercise and execution of, the power or authority to me for this purpose, given or reserved by the said indenture of, &c., as hereinbefore is mentioned, and of every other power or authority in anywise enabling me in this behalf

, do, my last will and testament, direct, limit, and appoint, that all and every the said messuages, &c., with their appurtenances, shall go, remain, and be," unto, and to the use of, &c.' Will of Freehold and Personal Estate, in trust for

Wife, Children, and Grandchildren. This is the last will and testament of me, A. B., of, Debts and &c. I direct all my just debts, funeral expenses, funeral ex. and the expenses of proving this my will, to be paid penses to be

paid. and discharged out of my personal estate, as soon as conveniently may be after my decease, by my exeeutrixes hereinafter named. I give and devise all Devises his those my two freehold messuages or tenements, call- two freehold

Sec. 9 of 1st Victoria, cap. 26, ante, 182. u Here may be added, “ And I do hereby give and devise life, so long as the same unto,” &c.

As to the execution of powers by will, see ante, p. 182, and post. p. 712.

messuages to his wife for

she continues his widow.


his trustees all his furni.

ed, &c., situate, &c., in the occupation of, &c., with the out-buildings, yards, gardens, and appurtenances thereunto belonging, unto my wife, E. B., and her assigns, (she and they keeping and maintaining the same in a good and substantial state of repair,)

for and during the term of her natural life, (in case And after her she shall so long continue my widow ;) and from and decease, or

after her decease, or from and after her marrying marrying again. devise again, (in case she shall marry again,) as the case

may be, then I give and devise the said two mes.

suages or tenements and premises, with their appurBequeaths to tenances, to my daughter, E. B., her heirs and assigns,

for ever. I give and bequeath to C. D., of, &c., and ture, &c.,

E. F., of, &c., their executors, administrators, and and to make assigns, all my household furniture, plate, linen, inventories.

and china, whatsoever, which shall long to me at the time of my death, upon trust that they, the said (trustees,) and the survivor of them, and the executors and administrators of such survivor, do and shall, as soon as conveniently may be after my decease, take, or cause to be taken, an inventory of all such household furniture, plate, linen, and china, and shall make, or cause to be made, two fair copies thereof, and shall cause the same to be signed by my said wife, and shall deliver one copy thereof to my

said daughter, E. B., and shall keep the other copy To permit his thereof in their own possession. And do and shall wife to enjoy permit my said wife to have the use, occupation, so long as she and enjoyment of all such household furniture, plate, continues his linen, and china, for and during the term of her na

tural life, in case she shall so long continue my wi.


" In case of goods being bequeathed to a person for life, it is advisable to direct an inventory to be taken of the same, as the tenant for life cannot be compelled to give security; but the court, in the absence of such direction in the will, will compel an inventory to be made and signed by him, and to be delivered to the person next in succession, (Bill v. Kinaston, 2 Atk. 82; Slanning v. Style, 3 P. Wms. 335; Southey v. Lord Somerville, 13 Ves. 486.)

« ForrigeFortsett »