Recense, by trustees. and after her per cent. consolidated bank annuities, or a propor tionate and sufficient part thereof, shall be applied to and for her or their respective maintenance, education, or benefit, until the same shares shall become vested and payable, the same to be paid to my said wife as long as she shall continue my widow, to be by her applied to that purpose, but for which she shall not be obliged to keep nor give any account.* And after her decease, or second marriage, which shall first happen, the same shall be applied for that purpose, either immediately by the said [trustees,] their executors, or administrators, or at their election, be paid to any person or persons by them from time to time appointed to receive and apply the same for that purpose; and the accounts of such persons relating to the expenditure and application of the same dividends and yearly produce shall be settled by the said [trustees.] And from and af ter the decease of my said wife, the interest and yearly produce of the respective shares of my said daughters of and in the said L. per cent. annuities, until the same shares shall become payable, or a sufficient part thereof, shall be applied to and for her or their respective maintenance, education, or benefit; and that the residue or surplus of the dividends and yearly produce of the respective shares of my said daughters of and in the said L. &c., and the said L. &c., which shall remain after, and shall not be paid and applied in manner and for the purposes aforesaid, shall be added to, and accumulate with such respective shares, and go as the same are hereinbefore given and If not posses- disposed of. And I do hereby declare and direct, that sed of stocks if, at the time of my decease, I shall not be possessed of the stock or sums of L. per cent. annuities, and L. three per cent. consolidated bank annuities, or either of the same stocks or sums, so as not to completely answer and satisfy the before at testator's decease, trustees to purchase. * From the recent case of Hadow v. Hadow, 9 Sim. 438, it would appear that this direction would be implied. mentioned bequests, that then, and in that case, and per cent. annuities, and the full sum or capital of L. three per cent. consolidated bank annuities; it being so as no my express will and intention that there shall be no ademption ademption of the said legacies or bequests of. annuities, and L. shall take place. L. three per cent. consolidated bank annuities, or either of them, by reason of the sale or other disposition by me of any part of my stocks or moneys in the same funds, at any time or times before my decease. And as to my ready money, securities for money, stock, or money in the public funds, and all other And all other my personal estate and effects whatsoever and personal wheresoever, not hereinbefore given and disposed of, I give and bequeath the same unto the said [trustecs,] their executors, administrators, and assigns, upon estate. &c. the trusts following; (that is to say,) in trust there- Upon trust to out to satisfy and pay all my debts, legacies, funeral pay legacies, and testamentary expenses, and from and after payment thereof upon trust, &c. I constitute and appoint my said wife guardian of all my said children, Ultimately for until they shall attain their respective ages of twenty-two brothers. one years. And I nominate and appoint the said [trustees] executors of this my last will and testament. And I do hereby, &c. [add the usual indemnity and receipt clauses, see pp. 77, 58.] And, lastly, I do hereby revoke all former wills by me at any time heretofore made, and publish and declare * As to ademption of legacies, see p. 694. this only to be my last will and testament. In witness, &c. Short Form of Will of Real and Personal Estate directed to be converted into money. of This is the last will and testament of me, A. B., [appointment of executors, p. 692, directions as to payments of debts, p. 692, bequest of legacies and specific devises, p. 693.] I give, devise, and bequeath, unto the said all and singular the rest, residue, and remainder, of my real and personal estate, of what nature or kind soever not hereinbefore disposed of, whether in possession, reversion, or remainder, and over which I have any power of disposition or appointment, with their several rights, members, and appurtenances, to hold the same real and personal estate and premises respectively, unto and to the use of the said their heirs, executors, administrators, and assigns respectively, according to the several and respective natures and tenures thereof; but upon and for the trusts, intents, and purposes following; (that is to say,) as to the freehold, leasehold, and copyhold parts thereof, upon trust, [see trusts for sale, p. 54,] and as to the rest and residue thereof, upon trust, [see trust for conversion of personal estate, p. 54.] And I do hereby declare and direct, that the trustees or trustee, for the time being, of this my will, shall and do stand possessed of, and interested in, the moneys to arise from such sales, calling in, and conversion of my said residuary, real, and personal estate, as herein before directed, Upon trust that they, the said trustees or trustee, for the time being, of this my will, shall and do lay out and invest the same, [see trust for investment, p. 54.] And I do hereby will and direct, that the said [trustees,] or other the trustees or trustee, for the time being, of this my will, shall stand possessed of, and interested in, the said trust moneys, and the stocks, funds, and securities wherein, or upon which the same may from time to time be invested, and the interest, dividends, and annual produce thereof, upon, and for the trusts, intents, and purposes, hereinafter mentioned; (that is to say,) upon trust, [for the different trusts, see pp. 54, 632, and 644. If any of the trusts should be for children under age, it is usual to insert powers of advancement and maintenance, see pp. 62 and 634.] [Add power for trustees to give receipts, p. 57, and to vary securities, p. 61, to compound debts, p. 71, devise of trust and mortgage estates, p. 695, powers to appoint new trustees, p. 70, and the indemnity clause.] And, lastly, I do hereby revoke all former and other wills by me at any time heretofore made, and I publish and declare this only to be my last will and testament. In witness, &c. Codicil to a Will. the will. the will. Whereas I, A. B., of, &c., have made and duly Reference to executed my last will and testament in writing, bearing date, &c., now I do hereby declare this present writing to be a codicil to my said will, and I direct the same to be annexed thereto, and taken as part thereof. I do hereby give and bequeath [state any fresh bequests.] And whereas I have by my Recital of the said will given and bequeathed unto, &c., [stating bequests in the legacy given by the will;] now I do hereby re- Revocation of voke the said legacy so given to the said, &c., and I the bequest. give to the said, &c., the sum of, &c., only ; [and so on, setting forth the fresh legacies, and revoking other bequests in the will, as the testator may deem proper.] And I do hereby ratify and confirm Confirmation my said will in every respect, except where the same is hereby revoked and altered as aforesaid. In witness whereof, I, the said A. B., have to this codicil set my hand and seal this, &c. OBSERVATIONS ON WILLS. The recent statute for the amendment of the laws with respect to wills, an abstract of which is given of will. in a previous page, has removed all distinctions between wills of real and personal estate, and has appointed one uniform mode of execution of every testamentary disposition, whether operating as a will at common law, or as an appointment in execution of a power, and that without regard to any particular mode of execution which the power may require; and now every will or codicil-certain wills of soldiers and mariners in actual service only exceptedmust be signed at the foot or end thereof, either by the testator, or some other person in his presence, and by his direction; and such signature must be made or acknowledged by the testator in the presence of two or more witnesses, present at the same time, who must subscribe the will in the presence of the testator. No particular form of attestation is required by the act, but it will still be advisable to adhere to those forms which were formerly used, in which the compliance with the requisitions of the statute is stated. It will be observed, that neither publication nor sealing are now necessary. By the 14th section of the act, it is provided, that a will shall not be invalid on the ground of any incompetency in the attesting witnesses to prove its execution. Executors-creditors, even if the will contains a charge for the payment of their debts, and legatees, are made competent witnesses to a will; but all legacies, devises, or appointments to attesting witnesses, their husbands or wives, are declared to be void so far as respects them, or any person claiming through them, and this rule would apply even though there were two other competent witnesses. It would not be judicious for a legatee under a will to attest a codicil to it; but it is apprehended that if the codicil did not affect his legacy, his right to it would not be forfeited, and there is room to contend, that even if the legacy under the will were * P. 180. |