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PRECEDENT XII.

WILL WITH SPECIAL TRUSTS OF A HOUSE AND FURNITURE FOR UNMARRIED DAUGHTERS.

27. --and shall be occupied by such unmarried

daughters for the time being;

the books, pictures, plate, linen, glass, china, household goods or furniture, which shall be in, or about, or belonging to the same at my death, or any of them, so long as any one or more of my said daughters G. B., H. B., and J. B., shall be living and a spinster or spinsters, unless such sale shall be made by the direction or with the consent of such of my said daughters as shall for the time being be spinsters or a spinster, and of full age, AND THAT in the meantime and until the said last-mentioned house and premises shall be sold, the said trustees or trustee for the time being shall permit all or such one or more of my said daughters as shall for the time being be spinsters or a spinster, to reside in and occupy and enjoy the said house, garden, and appurtenances, books, pictures, plate, linen, glass, china, household goods and furniture, they or she at their or her own cost keeping the same in good repair and condition (reasonable wear and tear as to the said personal chattels excepted), and adequately insured against loss or damage by fire, and paying the ground rent, taxes, and outgoings, payable in respect of the said house and appurtenances, and performing and observing the lessee's covenants contained in the lease thereof; OR SHALL by the 28. —but that direction or with the consent of such of said daughters as shall for the time being be spinsters or a spinster and of full age, let the said house, garden, and appurtenances for such term or terms of years, at such rent or rents, and upon such conditions in every respect as the said trustees or trustee shall think fit, and shall pay the net rents and profits to be received from the same premises unto and between all or such one or more of my said daughters as shall for the time being be living and be spinsters or a spinster, if more than one in equal shares: AND I HEREBY further declare, that if the same house shall be let in pursuance of the trust aforesaid, then the said goods, furniture and effects bequeathed therewith as aforesaid, shall be forth with sold in pursuance of the trust for sale hereinbefore con

my

the same with consent may be

let, and the rent paid to such daughters;

29.

but if the

furniture to be

house be let the

sold.

PRECEDENT XII.

WILL WITH

SPECIAL TRUSTS

FURNITURE FOR

UNMARRIED

DAUGHTERS.

or furniture be

sold the unmarried daugh

ters for the time being to be

entitled to the income of the produce.

make an inven

tory of the furniture;

tained. AND I FURTHER DECLARE, that if the same house garden and appurtenances, goods, furniture and effects, or OF A HOUSE AND any of the same premises, shall be sold while any one or more of my said daughters shall be living and a spinster or spinsters, the income of the net monies to arise from 30. If the house any such sale or sales, or of the stocks, funds, shares, or securities representing the same, shall so long as any one or more of my said daughters shall be living and a spinster or spinsters, be paid to or between such one or inore of them as shall for the time being be living and a spinster or spinsters, if more than one in equal shares; 31. Direction to AND I DIRECT, that as soon as conveniently may be after my death, an inventory shall be made of the said books pictures, plate, linen, glass, china, household goods and furniture, which shall be in or about or belonging to the said house at at my death, and that two copies shall be made of such inventory, and that each of them shall be signed by the trustees or trustee for the time being of this my will, and by such cae or more of my said daughters as shall for the time being be living and a spinster or 32. and to see spinsters, AND THAT the said trustees or trustee for the time being shall see that the same goods, furniture and effects are properly preserved (reasonable wear and tear excepted) and insured against damage by fire, at the expense of the usufructuary or usufructuaries thereof for the time being (j). [Power to postpone sale and conversion of residuary real and personal estate, and direction as to intermediate income, supra, p. 49. Power of leasing as to residuary estate, p. 51. Power to trustees to settle questions, p. 54. Trustee clause, p. 55. Declaration as to devolution of trustees' powers, p. 56. Devise of trust and mortgage estates, p. 58. Appointment of executors, p. 61. Appointment of trustees guardians, see p. 62.] IN WITNESS, &c.

to the preser

vation and insurance thereof.

(j) Compare with the above trusts the form in p. 69 note, supra.

XIII.

WILL of REAL and PERSONAL ESTATE.

GENERAL DEVISE PRECEDENT XIII.

and BEQUEST of the testator's OWN PROPERTY on trust for APPROPRIATION of investments to a specified amount, for the benefit of the testator's ELDER SON for life, protected against CREDITORS, &c., and after his death for his issue. ULTERIOR TRUSTS in default of children of the SON attaining 'a vested interest. POWER of ADVANCEMENT in favour of the SON out of the CAPITAL. PROVISO that if the son shall DIE in the testator's LIFETIME without issue, the APPROPRIATION shall NOT take place. DECLARATION of TRUST of surplus of RESIDUARY ESTATE for the testator's FIVE DAUGHTERS attaining TWENTY-THREE or MARRYING with CONSENT to the EXCLUSION of any marrying WITHOUT CONSENT. SETTLEMENT of daughters' portions on them and their children. TRUST of a daughter's portion in default of her children for her BROTHERS and SISTERS or their ISSUE as she shall by will APPOINT, and in DEFAULT of appointment for her NEXT of KIN. PROVISO that a daughter DYING in the testator's LIFETIME leaving children shall TAKE as if she had survived him. RECITAL of SETTLEMENT giving POWER of APPOINTMENT among the testator's ISSUE over PROCEEDS of hereditaments conveyed in trust for sale. APPOINTMENT of the TRUST PROPERTY upon trust for MAINTENANCE of the testator's YOUNGER SON until twentythree and for PAYMENT to him of a specified SUM at that age. APPOINTMENT of the surplus of the TRUST PROPERTY in trust for the testator's FIVE DAUGHTERS attaining TWENTY-THREE or MARRYING in his lifetime, or after his death with CONSENT of

WILL OF THE TESTATOR'S OWN PROPERTY AND OF PROPERTY SUBJECT TO A POWER OF APPOINTMENT

IN FAVOUR OF

HIS ISSUE.

PRECEDENT XIII.

WILL OF THE TESTATOR'S OWN PROPERTY AND

OF PROPERTY SUBJECT TO A POWER OF APPOINTMENT IN FAVOUR OF HIS ISSUE.

trustees. SUBSTITUTION of children for daughter DYING in the testator's lifetime leaving children (a). APPOINTMENT of RENTS and PROFITS of the hereditaments subject to the trust for sale in the same manner as the income of the settled trust property. RECOMMENDATION to the daughters to SETTLE their APPOINTED shares upon marriage. PROVISO that

As to wills exer-
cising special
powers of ap-
pointment
among issue.

(a) Powers to appoint to issue usually (as in the case in the text) expressly extend to grandchildren. If the power is confined to children, inasmuch as such a power does not authorise an appointment to grandchildren (Brudenell v. Elwes, 1 East, 442. 7 Ves. 382, Sug. Pow., 8th ed., pp. 664 et seq.), nor to the representatives of a deceased child (Maddison v. Andrew, 1 Ves. Sen. 58, Sug. Pow. p. 670), and as the 33rd section of the Wills Act, saving gifts to a child of the testator from lapse in the event of the child dying in his lifetime leaving issue, does not apply to appointments under special powers (Griffiths v. Gale, 12 Sim. 327, 354, supra, p. 43, note), provision could not be made for the issue of a child predeceasing the testator otherwise than by leaving a share unappointed so as to devolve on the deceased child under the trust in default of appointment, with the aid of the hotchpot clause (if any) contained in the instrument creating the power, or a similar clause inserted in the will to supply its omission in the former instrument (see ante, Vol. iii., Settlements, pp. 168-9); or by giving benefits out of some other fund to the persons entitled in default of appointment, on condition of their confirming the appointment, so far as in excess of the power.

That an appointment may now be made to some or one of the objects of the power to the exclusion of the others, although not expressly authorised by the power, see 37 & 38 Vict. c. 37, referred to supra, p. 39, note. As to the application of the rule against perpetuities to appointments under special powers, see supra, p. 226, note. That a will exercising a power of appointment must be executed in the ordinary mode, whatever the requirements of the power may be in this respect, see the Wills Act, s. 10, supra, p. 17. As to the legacy and succession duties payable in respect of appointments under special powers, see the Legacy Duty Acts, 36 Geo. III. c. 52, s. 18, 8 & 9 Vict. c. 76, s. 4, and the Succession Duty Act, 16 & 17 Vict. c. 51, s. 4, the effect of which is that the appointee is liable to duty as on a legacy or succession from the creator of the power.

trustees' subsequent APPROBATION of marriage shall PRECEDENT XIII. be equivalent to prior CONSENT.

WILL OF THE TESTATOR'S OWN PROPERTY AND

OF PROPERTY SUBJECT TO A POWER OF APPOINTMENT IN FAVOUR OF HIS ISSUE.

investments to

for the benefit of

the testator's

elder son and his family.

I, A. B., of &c., [supra, p. 26. General devise and bequest of real and personal estate in trust for conversion and payment of debts, &c., and investment of residue with power to vary securities, supra, pp. 29–35.] AND SHALL out of the trust funds constituting or representing 1. Trust for my residuary estate appropriate investments to the appropriation of amount or value (at the time of the appropriation thereof) specified amount of £ sterling, which appropriated trust funds shall (notwithstanding the appropriation thereof) continue subject to the power of varying and transposing investments herein before contained; AND SHALL, if my son E. B. shall not, &c. [direction for payment of income to the son until bankruptcy or alienation, supra, p. 166. Power for the trustees to apply the income for the benefit of the son and his family after the determination of his life interest, p. 167]; AND SHALL during such remainder 2. Trusts of appropriated of the life of my said son E. B. from time to time pay and apply the residue not applied under the discretionary trust or power lastly herein before contained of the same income in manner following (that is to say), all such income accruing payable while there shall be any child or children or other issue of my said son E. B. in existence shall be paid and divided to and between such child or children and issue in existence at the time of the actual accruer thereof, in equal shares per stirpes, and all such income accruing payable while there shall be no child or children or other issue of my said son in existence shall sink into and thenceforth form part of the surplus or balance of my residuary estate (a). AND I DECLARE, that after the death of my said son E. B. the trust funds

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failure of son's

life interest

during remain

der of his life

for his issue, if any, per stirpes, addition to surplus of resi

and if not, for

duary estate.

3. Trusts of appropriated fund after the

son's death for

whereof trusts are now being declared shall be held in his issue;

(a) Compare the form of trust, supra, p. 168.

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