charged or incumbered the said income or any part thereof or shall have done or suffered anything whereby the said income or any part thereof if payable to him absolutely would become payable to any other person or Then for persons, And thenceforth during the life of my said son to support of his family; pay or apply the said income or any part or parts thereof to or for the benefit of my said son K. and his wife and child or children if any or some or one of them in such shares and in such manner in all respects as my trustees or trustee shall in their or his absolute discretion think fit and as to any wife of my said son for her separate use, And to invest and accumulate the whole of the said income if no part thereof shall be so paid or applied or such part thereof as shall not be so paid or applied and add such accumulations to the capital and apply the-same accordingly with power nevertheless to pay or apply such accumulations or any part thereof as if the same were After the income of the then current year, And after the death of my said son K. to pay the said income arising from the for his wife said capital and accumulations if any to W. the wife of

death of such son

for life;

his chil

dren at

twenty

one or

my

said son K. if she shall be then living during her widowhood, And subject to the trusts aforesaid my trustees or trustee shall stand possessed of the said capital and acThen for cumulations if any IN TRUST for all the children of my said son K. 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 in trust for such child, And in In default case there shall be no such child then IN TRUST for my said sons H. and J. in equal shares as tenants in common. (Investment clause, see p. 216. Power to apportion, see p. 216). AND I HEREBY REVOKE all former wills and testamentary dispositions made by me.

marriage;

of such children

tor's other sons.

IN WITNESS &c.

XCVI.

APPOINTMENT by WILL by a MARRIED WOMAN under POWERS contained in the settlement made upon her former marriage. She appoints a LIFE INTEREST in a moiety of the trust funds to her present HUSBAND if he survives her, and subject thereto she appoints ONE FIFTH of the trust funds to her ELDEST SON, ONE FIFTH to an UNMARRIED DAUGHTER, ONE FIFTH to a MARRIED DAUGHTER for her separate use, ONE FIFTH to a SON who is a minor CONTINGENTLY on his attaining twenty-one, the REMAINING FIFTH to such of the CHILDREN of a DECEASED DAUGHTER as attain twenty-one or marry. The share of any appointee dying in lifetime of testatrix to go to his or her children. On failure of the trusts of any share such share to accrue to the other shares.

settlement

former

trix.

THIS IS THE LAST WILL of me Jane Smith the wife of John Smith of &c. (her second husband), WHEREAS Recital of by an Indenture dated &c. and made between James made on Jones (her first husband) since deceased of the 1st part marriage myself the said Jane Smith then Jane Harrison spinster of testaof the 2nd part and B. and C. of the 3rd part, being the Settlement made in contemplation of the marriage shortly afterwards solemnized between the said James Jones and myself, certain trust funds therein mentioned and called the wife's property were transferred and assured unto the said B. and C. their executors administrators and assigns upon trust after the death of the survivor of the said James Jones and myself for all or such one or more of the children of the said James Jones and myself or their issue &c. (set out the trusts showing the power to James Jones and Jane Smith or the survivor to appoint the capital of the trust funds among their children and issue born within twenty-one years from the decease of the survivor, and the power to Jane Smith to appoint a proportion of the income to any subsequent husband for his life, see

of former

marriage.

Death of former husband.

ment.

Income of

Children Prec. LXXVII.), AND WHEREAS there have been five children only of my marriage with the said James Jones; that is to say, Henry Jones, Mary Jones, Eliza the wife of Robert Robinson, Samuel Jones who is now an infant of the age of fifteen years, and a daughter Sarah who married. William White and died leaving three children her surviving who are all now living but under the age of twentyone years, AND WHEREAS the said James Jones died without having joined with me in the exercise of the power reserved to us jointly as aforesaid, NOW THEREFORE in exercise of the powers for this purpose given to me by the aforesaid Indenture of the day of and of all other powers if any enabling me in this behalf I do by Appoint this my last will direct and appoint that the trustees or trustee of the same Indenture shall stand possessed of the said wife's property and the stocks funds and securities upon which the same shall for the time being be invested UPON TRUST to pay the annual income of one moiety or half part thereof to my husband the said John Smith in case he shall survive me during his life, And subject to the interest so appointed to my said husband UPON THE TRUSTS following, that is to say, As to one fifth part or share of the said wife's property IN TRUST for my said son Henry Jones absolutely; And as to one other fifth part or share thereof IN TRUST for my said daughter Mary Jones absolutely (e); And as to one other fifth part or daughter; share thereof IN TRUST for my said daughter Eliza Robinson to married for her separate use independently of her present or any daughter; future husband and her receipt alone shall be a good disOne fifth charge for the same (e); And as to one other fifth part thereof IN TRUST for my said son Samuel Jones if and when he shall attain the age of twenty-one years; And as to the One fifth remaining fifth part or share thereof IN TRUST for all the to children children living at my decease of my deceased daughter Sarah White who being a son or sons attain the age of twenty-one years or being a daughter or daughters attain

moiety to

present husband for life.

Subject thereto, one fifth to son;

One fifth to unmarried

One fifth

to son at twenty

one;

of a deceased

daughter.

(e) See Married Women's Property Act, 1882, ss. 2, 5, p. 149.

substitut

ing chil

appointees

lifetime of testatrix.

that age or marry in equal shares and if there shall be but one such child then the whole of such last-mentioned fifth part to be in trust for such child. PROVIDED ALWAYS Proviso and I hereby declare that if any child of mine or any child or children of my said deceased daughter Sarah White shall dren for die in my lifetime leaving a child or children who shall dying in survive me and being a son or sons attain the age of twenty-one years or being a daughter or daughters attain that age or marry then such last-mentioned child or children shall take and if more than one equally among them the share which the deceased parent would have taken if such parent had survived me and attained the age of twenty-one years. PROVIDED ALWAYS and I hereby declare Accruer and appoint that any share or shares of which the trusts herein before declared shall either in my lifetime or after my death fail or become incapable of taking effect shall go and accrue to or equally among the other share or shares of which the trusts hereinbefore declared shall not then have failed or become incapable of taking effect, And every such accruing share shall be held upon the like trusts and subject to the like provisions including this present provision as are herein declared concerning the original share or shares respectively to which it shall so accrue so far as the same trusts and provisions shall be then subsisting and capable of taking effect. IN WITNESS &c.

clause.

XCVII.

WILL of a MARRIED WOMAN (ƒ).

THIS IS THE LAST WILL of me W. the wife of H.

of &c. I give and bequeath my leasehold shop and pre- Bequest of

mises being No.

City of

business of

leasehold in Street in the shop and whereon I am now carrying on the business to together with the goodwill of

the said business and the stock in trade and all furniture and other articles which shall be on the said premises at

(f) See Married Women's Property Act, 1882, s. 1, subs. 1, p. 148.

son.

sum of

the time of my death and all debts belonging to me in respect of my said business to my son A., he paying and discharging the rent and outgoings in respect of the said premises and all debts and liabilities owing by me in respect Bequest of of my said business. I give to my daughter D. the wife consols to of the sum of £ Consols now standdaughter. ing in my name, and if at the time of my death there shall not be such a sum of Consols standing in my name then I give to my said daughter such a sum as with any Consols standing in my name shall be equivalent in value to the said sum of £ Consols, such value to be computed as on the day of my death. And all my real estate and the residue of my personal estate I give devise and bequeath unto my said husband absolutely subject to the payment of my funeral and testamentary expenses and debts (except the said debts in respect of my said business) and the legacies and the annuities if any bequeathed by this my will or any codicil thereto. I APPOINT my said husband executor of this my will. AND I HEREBY REVOKE all former wills and testamentary dispositions made dispositions made by me. IN WITNESS &c.

Residue to husband.

death of

trustee.

ment of

XCVIII.

CODICIL appointing a TRUSTEE and EXECUTOR in the place of a deceased Trustee and Executor, and BEQUEATHING an ANNUITY.

THIS IS A CODICIL to the last will of me J. S. of &c. which will is dated the

day of

Recital of WHEREAS C. whom by my said will I appointed to be one of the trustees and executors thereof has lately died, Now Appoint- THEREFORE I do hereby appoint D. of &c. to be a trustee and executor of my said will in the place of the said C. deceased, And I declare that my said will shall be read and construed as if the name of the said D. were inserted therein throughout instead of the name of the said C. I

new trustee.