marrying

B.

B., of L.

his estate and effects to his

dow; and from and after her decease, or after her And after her marrying again, (in case she shall marry again,) as the decease, or case may be, then upon trust to deliver such household again, to his furniture, plate, linen, and china, to my said daughter, daughter, E. E. B., her executors, administrators, and assigns, to and for her and their own use and benefit. I give Bequest to his and bequeath to my said daughter, E. B., the sum of daughter, L. L. to be paid to her by my executrixes hereinafter named, within twelve calendar months after my decease. And all the rest and residue of my The residue of estate and effects whatsoever and wheresoever, (not hereinbefore otherwise disposed of,) I give and be- trustees, upon queath unto the said [trustees,] their executors, ad- trust to sell. ministrators, and assigns, upon trust; [see trust for conversion and investment of personalty, ante, p. 54;) and also shall and do stand possessed of and interested in the said residue of my personal estate and effects, and the stocks, funds, and securities in or upon which the same, or any part thereof, shall or may from time to time be laid out or invested, in In trust for trust to pay the interest, dividends, and annual produce of the said trust-moneys to my said wife, for continues his and during the term of her life, (if she shall so long widow. continue my widow ;) and from and after her de- after her decease, or from and after her marrying again, (in case rying again, she shall marry again,) as the case may be, upon in trust, as to trust to pay, transfer, and assign one moiety or equal one moiety, half-part of such trust-moneys, stocks, funds, and ter, E. B. securities, and the future interest, dividends, and annual produce thereof, unto my said daughter, E. B., her executors, administrators, and assigns, to and for her and their own use and benefit, and upon trust to pay the interest, dividends, and annual produce of the other moiety of the trust-moneys, stocks, funds, and securities, to and for the maintenance, support, and education of my grandsons, W. C. and T. C., sons of my late daughter, S. C., by her hus

- A condition that a widow shall not marry is lawful, (see Ambl. 209; 2 Vern. ; and Scott v. Tyler, 2 Bro. Ch. Ca. 431;) Richards v. Baker, 2 Atk. 321.

his wife for

her life, if she

And

cease, or mar

for his daugh

And the

other moiety for his grand

sons.

Proviso in case of the death of

grandsons be

one, then to

transfer to his daughter.

band, T. C., until my said grandsons shall attain their respective ages of twenty-one years.

And

when and so soon as my said grandson, W. C., shall attain the age of twenty-one years, then upon trust to pay, transfer, and assign all such last-mentioned moiety of the said trust-moneys, and the stocks, funds, and securities in or upon which the same shall be invested, (except the sum of L.

unto my said grandson, W. C., his executors, administrators, and assigns, to and for his and their own use and benefit. And upon trust, when and so soon as my said grandson, T. C., shall attain his age of twenty-one years, to pay and transfer the said sum of L. and the stocks, funds, and securities in or upon which the same may be invested, unto my said grandson, T. C., his executors, administrators, and assigns, for his and their own use and benefit. Provided always, and my will is, that in case either or both of my said grandsons shall depart this life before fore twenty- he or they respectively attain the age of twenty-one years, then that the share of such one, or both of them, so dying under such age, as the case may be, of and in the said moiety of the said trust-moneys, stocks, funds, and securities, shall thereupon go and be paid and transferred to my said daughter, E. B., her executors, administrators, and assigns, to and for her and their own use and benefit. And I appoint my said wife, E. B., and my said daughter, E. B., executrixes of this my last will and testament, I revoke all other wills by me at any time heretofore made. [Insert here, if required, the usual power for varying securities, see ante, p. 61, for enabling executors to compound debts, p. 71, for giving validity to their receipts, p. 58, for the indemnity of trustees and executors, p. 77, and for the appointment of new trustees, p. 70.] In witness, &c.

Will of Real and Personal Property, with Devises and Bequests to Wife, Son, and Daughters. This is the last will of me, A. B., of, &c., in the

day of, &c. I give and The testator

house to his

mainder to

his son in fee.

county of, &c., made devise my messuage, tenement, or dwelling-house, devises a with the buildings, gardens, lands, and hereditaments wife, for life. thereto belonging, situate, lying, and being within the parish of, &c., aforesaid, now in my possession and occupation, and which I lately purchased of and from, &c., unto and to the use of my wife, S. With the reB., and her assigns, for and during the term of her natural life; and from and after her decease to the use of my only son, T. B., his heirs and assigns for ever. I give unto my said wife all the wines and Wines, liother liquors and provisions that I shall be possess-quors, provied of at the time of my decease, and also my wear- parel for wife. ing apparel; and I give unto her all my household Goods to her goods, furniture, plate, linen, and china, and the use and enjoyment thereof for her life; and I give to my said wife the sum of L. within one calendar month next after my decease. give and bequeath unto [trustees,] their executors, administrators, and assigns, the sum of L.

sions, and ap

for life.

to be paid to her And a sum of

I L.

, payable one

month after

his decease,

L. to trus

part of my stock or capital in the government or par- tees to invest. liamentary funds, commonly called the

per cent. annuities, the same to be transferred to and invested in their names as soon as conveniently may

be after my decease, upon trust to pay to, or other- Upon trusts wise permit and suffer my said wife, S. B., and her thereinafter assigns, to receive and take the dividends and yearly produce of the said L.

per cent. an

nuities, during her natural life, to and for her and their proper use and benefit; and from and after her decease, upon the trusts hereinafter mentioned. I give and bequeath unto the said [trustees,] their

mentioned.

Here may be added, if thought necessary, "and request Inventory. that an inventory shall be made of such household goods, plate, linen, and china, immediately after my decease, &c. ; and that my said wife shall sign such inventory, accompanied with an undertaking for the delivery thereof by her representatives, upon or immediately after her decease, to the persons or person who shall be entitled to the same under my will." (See note to p. 700, and see 3 P. Wms. 335.)

nuities.

executors, administrators, and assigns, the sum of L. three L. , part of my stock in the three per cent. per cent. an- consolidated bank annuities, the same to be transferred to and vested in their names as soon as conDeclaration of veniently may be after my decease. And I do hereby declare and direct, that the said [trustees,] their executors, administrators, and assigns, shall, from and after the decease of my said wife, stand and be possessed of and interested in the said L.

the trusts.

In trust for

ters, with sur

vivorship, at their ages of twenty-one

riage, if with

consent.

per cent. annuities, and shall, from and after my own decease, stand and be interested in the said L. three per cent. consolidated bank annuities, upon the trusts following; (that is to say,) in trust three daugh- for my three daughters, S. B., E. B., and C. B., in equal shares, the share, or respective shares, of such of them as shall be under the age of twenty-one years, and unmarried at the time of my decease, to years, or mar- be vested in and transferable to her or them, as and when she or they shall attain that age, or marry, which shall first happen, so as such marriage be had with the consent and approbation of my said wife, if living;** and the share, or respective shares, of such of them as shall attain the age of twenty-one years, or be married, in my lifetime, to be vested in her or them at my decease, and be transferred as soon thereafter as conveniently may be. And I direct, that if any one or more of my said three daughters shall die under the age of twenty-one years, and unmarried, or shall marry without such consent as aforesaid, and afterwards die under that age, then, as well the original portion or portions hereinbefore provided for each such daughter so dying, as every other portion or share, which she or they shall, by virtue of this my will, have taken by way of survivorship, or accruer, of and in the said L.

If without consent, to others.

xx

A condition to marry, or not to marry without consent, &c., or not to marry a particular person, or not to marry an individual of a certain nation, is good, (9 East R. 170, 2 Bro. Ch. Ca. 431.) Stackpole v. Beaumont, 3 Ves. 89; Clifford v. Beaumont, 4 Russ. 325, ante, 700.

per cent. annuities, and L.

three per

cent. consolidated bank annuities, shall, from time to time, accrue and belong, and be in trust for the others or other of them, and also for my said son, T. B., in equal shares, and shall be vested in and payable or transferable to my said daughters as and when their original portion or portions shall respectively become vested and payable, as aforesaid; and the same shall not be vested in or transferable to my said son, unless and until he shall attain the age of twenty-one years. And if all my said three If all die under age, and daughters, S. B., E. B., and C. B., shall die under unmarried, the age of twenty-one years, and unmarried, or for wife and shall marry without such consent as aforesaid, and son. afterwards die under that age, then and in that case the whole of the said L.

per cent. annuities, and L. three per cent. consolidated bank annuities, shall be in trust for my said son, T. B., his executors, administrators, and assigns; but if my said son shall happen to die under the age of twenty-one years, and unmarried, and without issue living at his decease, or born in due time afterwards, then upon trust that the said [trustees,] their executors, administrators, and assigns, do and shall pay to, or otherwise authorize or permit and suffer my said wife, S. B., and her assigns, to receive and take the dividends and yearly produce of the said L. three per cent. consoli

dated bank annuities during her natural life, to and for her and their own proper use and benefit. And After death of I declare and direct, that, from and after the decease wife, in trust of my said wife, the said L.

for relations.

three per cent. consolidated bank annuities, and also the said L. per cent. annuities, shall be in trust for my brothers and sister, J. W. B., of, &c., R. B., of, &c., and M. B., of, &c., equally, share and share alike. And I declare and direct, that, from Interest to be and after my decease, the dividends and annual applied by produce of the respective shares of my said three daughters of and in the said L.

wife for maintenance of three children;