for life to thenceforth go and be To the use of B. of &c. and C. of &c. their heirs and assigns during the life of such person In trust to pay the rents and profits of the said hereditaments to or to permit the same to be received by the person or persons for the time being entitled to the same hereditaments in remainder immediately expectant on the death of such tenant for life, And if the person whose estate shall so determine shall be a tenant in tail male or in tail the said hereditaments shall immediately go to the next person or persons who would be entitled in remainder under this my will if such tenant in tail male or in tail Powers for were then dead without issue. PROVIDED ALWAYS and I tenants hereby declare that it shall be lawful for every person jointure hereby made tenant for life &c. (power to jointure wives and and charge portions. charge portions for younger children, see pp. 193-196, Devise of mutatis mutandis). I DEVISE all copyhold and customary copyholds, messuages lands and hereditaments of or to which I may my death be seised or entitled or over which I may at my death have a general power of appointment or disposition by will (except such parts thereof as I may otherwise dispose of by this my will or by any codicil thereto), with their appurtenances, UNTO AND TO THE USE of the said B. and C. their heirs and assigns according to the custom of the manors of which the same shall respectively Upon cor- be holden, UPON SUCH TRUSTS and with and subject to responding such powers provisions and declarations as shall correspond trusts. at with the uses trusts powers provisions and declarations herein before declared and contained of and concerning the freehold hereditaments and premises herein before devised or as near thereto as the different tenures and qualities of the same will permit but not so as to increase or multiply Bequest of charges or powers of charging. I DEVISE AND BEQUEATH leaseholds, all the leasehold messuages lands and hereditaments whether held for any life or lives or for any term or terms of years of or to which I may at my death be possessed or entitled or over which I may at my death have a general power of appointment or disposition by will (except such parts thereof as- I may otherwise dispose of trusts. by this my will or by any codicil thereto), with their appurtenances, UNTO the said B. and C. their executors administrators and assigns for all the estate term and interest which I may have therein respectively at my death, UPON TRUST by and out of the rents and profits thereof to pay the rents and other sums reserved by the leases thereof respectively and to perform the covenants and conditions therein contained and on the part of the lessee to be observed and performed, And subject thereto to hold the same leasehold premises UPON SUCH TRUSTS Upon corand with and subject to such powers provisions and de- responding clarations as shall correspond with the uses trusts powers provisions and declarations herein before declared and contained of and concerning the freehold hereditaments and premises hereinbefore devised or as near thereto as the different tenures and qualities of the same will permit but not so as to increase or multiply charges or powers of charging, And so that no leasehold hereditaments for years shall vest absolutely in any person hereby made tenant in tail male or in tail by purchase of the said freehold hereditaments unless he or she shall attain the age of twenty-one years but on his or her death. under that age shall go and devolve in like manner as if of heir the same leasehold hereditaments were freeholds of inheritance and were included in the devise herein before contained of such freehold hereditaments. I GIVE AND Bequest BEQUEATH all my plate pictures prints books manuscripts looms. busts statues sculptures bronzes antiquities and furniture which at the time of my decease shall be in or about or belonging to my mansion house called House unto the said B. and C. their executors administrators and assigns, UPON TRUST to permit the same to go and devolve as heirlooms together with the freehold hereditaments hereinbefore devised, but so nevertheless that the said heirlooms shall not vest absolutely in any person hereby made tenant in tail male or in tail by purchase of the said freehold hereditaments unless he or she shall attain the age of twenty-one years but on his or her death under Personal estate. that age shall go and devolve in like manner as if the same heirlooms were freeholds of inheritance and were included in the devise herein before contained of such freehold hereditaments. AND I DIRECT that so soon as conveniently may be after my decease my trustees or trustee shall make or cause to be made an inventory of the plate and other articles herein before bequeathed as heirlooms and that such inventory shall be signed by every person for the time being entitled to the use of the said heirlooms and also by the trustees or trustee for the time being of this my will, and that such inventory shall be kept in the possession of such trustees or trustee; AND I DIRECT that the person or persons for the time being entitled to the use of such heirlooms under the provisions of this my will shall keep the same in a good state of preservation and insured against loss or damage by fire, But I declare that my trustees or trustee shall not be bound to see that the said heirlooms are preserved or insured or be answerable for any loss or injury whatsoever which may happen to the said heirlooms. (Here will follow bequest of legacies, bequest of personal estate not hereinbefore disposed of to the said B. and C. upon trust to pay funeral and testamentary expenses debts and legacies and then upon trust as desired). AND I APPOINT the said B. and C. trustees and executors of this my will, and the said A. during his life and after his death the said H. or other the tenant for life for the time being under this my will shall have the power of appointing new trustees hereof, And the said B. and C. and all other trustees of this my will shall be trustees hereof for the purposes of the Conveyancing Acts, 1881, 1882, and of the Settled Land Act, 1882, and for all other purposes (z). AND I HEREBY REVOKE all former wills and testamentary dispositions made by me. IN WITNESS whereof I the said J. S. have to this my will contained in sheets of paper set my hand this J. S. day of 18-. (*) See Prec. XC., note (o), p. 198. Signed and acknowledged by the abovenamed testator J. S. as his last will in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses (a). Signatures of the two witnesses and their descriptions. XCIV. WILL giving LEGACIES including one to a hospital; REAL ESTATE and RESIDUE of PERSONAL ESTATE to trustees, IN TRUST for WIFE for life, remainder to CHILDREN. POWER to trustees to carry on BUSINESS, with OPTION to sons to purchase. THIS IS THE LAST WILL of me J. S. of &c. I APPOINT my wife W. and B. of &c. and C. of &c. to be Executors executrix and executors of this my will, And I give to each of them the said B. and C. the sum of £ for &c. to his trouble in the execution of the trusts hereof. I give Furniture to my said wife all my furniture plate linen china glass wife. books pictures prints wines and liquors and other household effects and also my horses carriages and harness for her own use and benefit, And I also give to £-- to her the sum of £- to be paid to her immediately after my decease. I BEQUEATH the following legacies free Pecuniary of legacy duty, that is to say, To £ . &c. &c., And also to the the sum of Hospital the wife. legacies. charity sum of £and I direct that the last-mentioned Legacy to legacy shall be paid out of such part of my personal estate as may be legally bequeathed for charitable purposes, and the receipt of the treasurer or secretary of the said hospital for the time being shall be a sufficient discharge (a) See s. 9 of the Wills Act, 1 Vict. c. 26. Gifts by the will to an attesting witness or to the husband or wife of an attesting witness are and resi due of personal estate to to convert, to pay funeral expenses Real estate for the said legacy. AND all my real estate and the residue of my personal estate I GIVE DEVISE AND BEQUEATH unto my said wife and the said B. and C. their trustees, heirs executors and administrators respectively. Upon Upon trust trust to sell or convert into money my real estate and such part of my personal estate as shall not consist of money, And out of the proceeds of such sale and conversion and out of such part of my personal estate as shall consist of money to pay my funeral and testamentary expenses and debts and the legacies and annuities. debts and bequeathed by this my will or any codicil thereto, And to stand possessed of the residue of my estate after answering the purposes aforesaid Upon the trusts following; that is to say, IN TRUST to pay the annual income thereof to my said wife during her life, And after her death IN TRUST for all my children living at my decease who being a son or sons attain the age of twenty-one years or being a daughter or daughters attain that age or marry in equal shares, and if there shall be but one such child then the whole to whole to be in trust for such child (b). PROVIDED ALWAYS (c) that if any child or children of mine shall die legacies. Residue. In trust for wife for equally. Children of deceased child to (b) The following clause provides also for the children of any son who survives the testator, but dies under twenty-one: "IN TRUST in equal shares for all my children living at my decease who being a son or sons attain the age of twenty-one years or being a daughter or daughters attain that age or marry and the child or children of any son of mine surviving me but dying under the age of twenty-one years who being a son or sons attain the age of twenty-one years or being a daughter or daughters attain that age or marry but so that such last-mentioned child or children shall take and equally among them if more than one the share only which the deceased parent would have taken if he had lived to attain the age of twenty-one years." (c) The Statute of Wills, 1 Vict. c. 26, enacts s. 33, "That where any person being a child or other issue of the testator to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of such person shall die in the lifetime of the testator leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall |