REVOKING

OF TRUSTEE

AND APPOINT

CODICIL NOW I HEREBY REVOKE the appointment of the said C. D. as APPOINTMENT such trustee and executor [and guardian], and also the said legacy of £ given to him as aforesaid, AND I APPOINT ING NEW ONE. E. F., of, &c., to be a trustee and executor of my said will [and also to be a guardian of my infant children after the decease of my said wife], in the place of the said C. D., and I give to the said E. F. a legacy of £ for his trouble in acting as such trustee and executor: AND I DECLARE that my said will shall be construed and take effect as if the name of the said E. F. were inserted in my said will throughout instead of the name of the said C. D.; AND IN ALL OTHER RESPECTS I confirm my said will. IN WITNESS, &c.

CODICIL

APPOINTING
ADDITIONAL
TRUSTEE.

No. XXIX.

CODICIL appointing an ADDITIONAL TRUSTEE and EXE

CUTOR.

THIS IS A CODICIL, &c. (see supra): WHEREAS by my said will I have appointed C. D., of, &c., and E. F., of, &c., to be the trustees and executors of my said will [and also to be the guardians of my infant children after the decease of my wife]: Now I HEREBY APPOINT G. H., of, &c., to be an additional trustee and executor of my said will [and to be an additional guardian of my infant children after the decease of my said wife], and I declare that my said will shall be read and construed as if the names of the said C. D., E. F., and G. H., were inserted therein instead of the names of the said C. D. and E. F., and that all the trusts and powers in and by my said will reposed in and made exerciseable by the said C. D. and E. F., shall be exerciseable by the said C. D., E. F., and G. H.: AND IN ALL OTHER RESPECTS I confirm my said will.

IN WITNESS, &c.

No. XXX.

CODICIL directing that a SUM paid to one of the Testator's
CHILDREN in his life shall be taken in part SATISFACTION

of his SHARE under WILL.

CODICIL, WITH
DIRECTION AS
TO MONEY
ADVANCED TO

SON.

THIS IS A CODICIL, &c. (see supra): WHEREAS by my said Recital of will. will I have directed that the residue of the moneys to arise from the sale and conversion of my real and personal estate shall be divided equally between my children who being sons attain the age of twenty-one years, or being daughters attain that age or marry: AND WHEREAS since the making of my said will I have paid the sum of £- to or for the benefit of my son G. B.: money for son.

That testator

has paid

So as Declaration that money so

paid shall be taken in part

Now I HEREBY DECLARE that the said sum of £aforesaid paid to or for the benefit of my said son G. B., shall be taken by him in part satisfaction of his share under my said will, and accordingly that the residue of the moneys to arise from the son's share. sale of my real and personal estate shall be divided between the children among whom the same is directed to be divided by my said will, in such manner that the share of the said G. B. shall be less in amount than the shares of the other children by the sum of £- -: AND IN ALL OTHER RESPECTS I confirm my said will.

POWER TO TRUSTEES TO PURCHASE

CODICIL giving a POWER to TRUSTEES to purchase CODICIL GIVING
GOVERNMENT ANNUITIES, or to INVEST FUNDS to
meet ANNUITIES bequeathed by Will, and thereupon
DISCHARGING property which by the Will was charged ANNUITIES.
with the same.

GOVERNMENT

THIS IS A CODICIL, &c.: WHEREAS I have by my said will Recital of will giving estate bequeathed the following annuities, namely, (state particu- to C. D. lars of annuities), and have charged the same on my freehold said annuities. estates in, which estates so charged as aforesaid are by my said will devised and bequeathed (with the residue of my real

POWER TO

TRUSTEES TO
PURCHASE

GOVERNMENT

Declaration

that if devisee purchases a government

apart funds to meet any annuity, then annuitants shall accept same and discharge estate.

CODICIL GIVING and personal estate) to C. D. absolutely: Now I HEREBY DECLARE, with respect to each and every of the said several annuities bequeathed by my said will, that if the said C. D., his ANNUITIES. heirs, executors, administrators, or assigns, shall at any time during the life of the annuitant to whom each or any of the said annuities is bequeathed as aforesaid, purchase in his name, or in annuity of like the name or names of his nominee or nominees, a government amount or sets annuity for the life of such annuitant equal in amount to the annuity bequeathed to him as aforesaid, and so that the first half-yearly payment of the said government annuity shall become due on a day not being later than the day on which the next half-yearly payment of the annuity for which the same shall be substituted would have become due if such purchase had not been made, or if the said C. D., his heirs, executors, administrators, or assigns, shall at any time during the life of each or any such annuitant as aforesaid, transfer or cause to be transferred into the names of the trustees for the time being of my said will, stocks, funds, shares, or securities of the nature authorised as investments by my said will, of such an amount or value that the annual interest, dividends, or income thereof shall at the time of such investments be sufficient to pay the annuity bequeathed to such annuitant as aforesaid, to the intent that the said trustees shall stand possessed of the said stocks, funds, shares, and securities, UPON TRUST out of the interest, dividends, and income thereof, or if the same shall be insufficient, then out of the corpus thereof to pay the same annuity at the times at which the same is made payable by my said will, then, and in every or any such case as aforesaid, the annuitant for whom any such government annuity shall be purchased, or whose annuity shall be so secured as aforesaid (as the case may be), shall accept such government annuity, or the annuity to be so secured as aforesaid (as the case may be), in lieu and satisfaction of the annuity charged on the said premises in as aforesaid, and the said premises shall thenceforth be absolutely freed and discharged from the same annuity and from all claims and demands in respect thereof: AND I FURTHER DECLARE that in case and so often as any government annuity shall be purchased as aforesaid, the annuitant for whom the same shall be so purchased shall for the greater satisfaction of the said C. D., his heirs, executors, administrators, or assigns, execute such deed or deeds (if any)

Annuitant shall if requested execute

release.

CODICIL GIVING

POWER TO

TRUSTEES TO GOVERNMENT

PURCHASE

ANNUITIES.

as he or they may require for evidencing the release of the said premises from the same annuity, such deed to be prepared and executed at the expense of the party requiring the same: AND I ALSO DECLARE that if any or either of the said annuities shall be secured by the transfer of stocks, funds, shares, or securities, Statement of into the names or name of the trustees of my said will as afore- conclusive said, a statement in writing signed by the trustees that stocks, funds have funds, shares, or securities of the required amount or value have been set apart been transferred into their names upon the trust aforesaid shall annuity. be sufficient and conclusive evidence of the fact so stated: AND IN ALL OTHER RESPECTS I confirm my said will.

IN WITNESS, &c.

evidence that

No XXXII.

CODICIL settling the shares of DAUGHTERS, so as to make CODICIL AS TO their interests cease on becoming RELIGIOUS SISTERS.

SHARE OF DAUGHTER BECOMING A RELIGIOUS SISTER.

Recital of

testator's fear his daughters may join

that some of

sisterhood.

daughters shall be held

trust to pay

to daughter

THIS IS A CODICIL, &c.: WHEREAS I am apprehensive that one or more of my daughters may be induced to enter into a religious sisterhood, and I desire therefore to make the following alterations in my will respecting the shares of my daughters in my residuary trust funds; (that is to say) I direct my trustees to stand possessed of the share of each of my daughters who shall Direction that attain the age of twenty-one years, and shall not then be married the shares of UPON TRUST to pay the income thereof to my same daughter in during her life, or until she shall marry or become a sister in income, &c., any religious sisterhood (which shall first happen), and if my until she same daughter shall marry then in trust for her absolutely, and becomes a if my same daughter shall become a sister in any religious sister. sisterhood, then my trustees may out of the income of her share to be hers absolutely, but make such allowance (if any) for her maintenance as they shall if she becomes think fit, and subject thereto shall hold the said share IN TRUST to go over, for my other children, who being a son or sons, shall attain the except as to age of twenty-one years, or being a daughter or daughters, shall maintenance. attain that age or marry under that age, in equal shares if more than one, and if my same daughter shall die without having been married, or become a sister as aforesaid, then in trust for

marries or

On marriage

a sister, share

allowance for

SHARE OF
DAUGHTER

BECOMING A
RELIGIOUS
SISTER.

CODICIL AS TO Such person or persons, and in such manner as she shall by her will appoint, and in default of such appointment, and so far as any such appointment shall not extend, IN TRUST for my other children who, &c. (as before): AND I DECLARE that every or any share accruing to a daughter of mine under this codicil, shall be subject to the like trusts as are hereinbefore declared concerning her original share: AND I DECLARE that by the word "sisterhood" as above used, I mean Roman Catholic as well as Protestant Institutions or Associations, but any daughter of mine becoming an associate of any such institution shall not be considered as becoming a sister, unless the becoming an associate involves the surrender or a pledge to surrender any part of her property.

Meaning of sisterhood."

IN WITNESS, &c.

CODICIL AS TO
LAND GIVEN

TO A CHARITY

BY DEED.

ance by deed

of land for a charitable purpose.

No. XXXIII.

CODICIL by a TESTATOR who has conveyed LAND by deed for a CHARITABLE PURPOSE to provide for the event of the deed becoming VOID by his death within twelve months (a).

Recite convey- THIS IS A CODICIL, &c. (supra): WHEREAS by an indenture dated, &c., and made, &c., and which is intended to be enrolled in the High Court of Justice, Chancery Division, pursuant to the Mortmain and Charitable Uses Act, 1888, I have conveyed piece of land, situate at, &c., therein described, unto and to the use of (trustees), upon certain trusts therein declared, for the erecting thereon of, &c. (state charitable uses shortly): AND That deed will WHEREAS I am advised that the said conveyance will be void if I die within twelve calendar months after the date thereof: Now I HEREBY DEVISE the said piece of land in the event of my Devise of land death within twelve calendar months from the date of the said indenture unto C. D., of, &c., for his absolute use: And I

be void if

testator dies

within twelve

months.

in that event to C. D.

(a) This codicil will be valid if the testator makes no communication in his lifetime to the devisee as to his wish and intention in giving him the land. If he does, a promise to carry out that wish or intention might be implied, and the declaration at the end of the codicil to the contrary could not be safely relied on. See p. 489, suprà.