of the estate or the testator's children; and that a RELEASE shall be executed if required. DIRECTION to ascertain the AGGREGATE VALUE of the trust premises subject to the settlement and will. CHARGE of ONE FOURTH part of the amount of such aggregate value on the trust premises, and direction for PAYMENT of the sum charged to the trustees of the present will, to be held upon the trusts after declared. DECLARATION that such charge so far as incapable of taking effect as an appointment, shall take effect under the doctrine of ELECTION in equity. POWERS for the trustees to FIX the AMOUNT of the charge, and to accept limited SECURITY, and LEAVE the money on such security, and RELEASE any part of the security. TRUSTS of the testator's RESIDUARY estate as to THREE-FOURTHS for his surviving SONS and for his TWO DAUGHTERS for their SEPARATE USE, and as to the remaining FOURTH as after declared. TRUSTS of the last-mentioned FOURTH part of the RESIDUARY estate and of the principal SUM CHARGED on the appointed premises for the WIDOW and ISSUE of the DECEASED SON. GIFT OVER ON FAILURE of the trusts in favour of the family of the DECEASED SON to the testator's SURVIVING CHILDREN in equal shares. POWER to APPROPRIATE and ALLOT real and personal estate in respect of shares of residue. DECLARATION that allotments may be made subject to PAYMENT for EQUALITY of partition. PROVISO that money payable for equality of partition or otherwise may remain on security. DIRECTION to effectuate appropriation by proper assurances. TRUSTS of real and personal estate allotted to family of DECEASED SON for sale and conversion, the proceeds to be held upon the same trusts as the share of the deceased son's family in the residuary estate. DiRECTION that residuary REAL ESTATE shall be CON PRECEDENT XIV. WILL IN FAVOUR PRECEDENT XIV. WILL IN FAVOUR VERTED as at the testator's death, but shall be RECONVERTED on being ALLOTTED to any of his SURVIVING CHILDREN, but not if allotted to the family of the DECEASED SON. DIRECTION as to the mode in which the EXPENSES of MANAGEMENT are to be borne as between the general estate and the share of the deceased son's family. CLAUSE giving full DISCRETIONARY POWERS to the trustees (a). I, A. B. of &c., revoke, &c. [supra, p. 26]. WHEREAS, &c. [recites marriage settlement whereby freeholds and leaseholds held for a long term were subjected in expectancy upon life estates of testator and his deceased wife to an exclusive power of appointment by the testator in favour of their children and remoter issue.—Will of X. Y. vesting real and personal estate in testator for life, with remainder among his children as he should appoint. -That testator had issue by his deceased wife, their eldest son D. B. recently deceased, their second son E. B., and two daughters M. B. and N. B.-Appointments for advancement to D. B. by way of charge partly on the property in settlement and partly on that passing by the will, and to E. B. by way of charge on the property 1. Appointment, passing by the will.-Death of D. B.] NOW IN EXERCISE General plan of this Precedent. (a) It will be seen that the general plan of the will in the text is to divide the property disposed of between the three surviving children of the testator and the family of a deceased child in equal fourths; but that, as part of the property is subject to a power to appoint among children only, this cannot be fully accomplished by direct disposition; and, therefore, as to the property subject to be appointed, is effected by means of an appointment to the three surviving children, subject to a charge of one-fourth of its value in favour of the family of the deceased child, to which charge effect is given by means of the doctrine of election in equity, see infra, p. 290, note, and supra, p. 268, note. As to the testator's own property (as distinguished from that subject to his powers of appointment), there is of course no difficulty with regard to the direct accomplishment of his scheme. of the powers so respectively reserved or given to me by the said hereinbefore recited indenture of settlement, and the said will of the said X. Y. respectively, and of all other powers in anywise enabling me in this behalf, I hereby appoint ALL AND SINGULAR the freehold copyhold and leasehold hereditaments and premises comprised in and settled by the said indenture of settlement and remaining unsold at my death; AND ALSO all and singular the hereditaments taken in exchange for or purchased with the proceeds of such settled estates or any of them, or which by virtue of any allotment, renewed grant or lease, or otherwise, shall have been substituted for any of the same settled estates, or shall have become subject at law or in equity to the subsisting uses or trusts of the said indenture of settlement, with their and every of their appurtenances; AND ALSO all and singular monies and stocks funds and securities arising from the interim investment of monies liable to be laid out in the purchase of hereditaments to be settled to the subsisting uses or trusts of the said indenture of settlement; AND ALSO all and singular the hereditaments respectively devised by the will of the said X. Y. and purchased out of his personal estate since his death, and other the real and personal estates of the said X. Y. as existing and according to the state of investment thereof at the time of my death, to the uses or upon the trusts following (that is to say); AS TO one equal undivided third part of the premises hereinbefore expressed to be hereby appointed, devised, and bequeathed as aforesaid, TO THE USE of or in trust for my said son E. B., his heirs, executors, administrators, and assigns respectively; AND AS TO one other equal undivided third part of the same premises, To THE USE of or in trust for my said daughter M. B.. her heirs, executors, administrators, and assigns respectively, the same to be for her sole and separate use and disposal, free from the debts, control, and engagements of any PRECEDENt xiv. WILL IN FAVOUR personal estate, subject to settle 2. of real and ment and will. PRECEDENT XIV. WILL IN FAVOUR AND THE ISSUE CHILD. 5. As to the remaining third to the other daughter for her separate use. 6. Direction that advancement to the surviving son into hotchpot. 7. Recital of expenditure out of the will fund husband whom she may marry, and her receipts alone to be sufficient discharges as well for the principal as for the income of such her share, and every part thereof OF A DECEASED respectively; AND AS TO the remaining equal third part of the same premises, To THE USE of or in trust for my said daughter N. B., her heirs, executors, administrators, and assigns respectively [for her separate use as above]. PROVIDED ALWAYS, and I hereby direct and appoint that in ascertaining the parts or shares of my said surviving children as aforesaid, the amount of the appointment made shall be brought in favour of the said E. B. by the hereinbefore recited deed poll of the day of, shall be brought into account in the way of hotchpot as against the said E. B., and be for that purpose treated as included in as well the real and personal estates of the said X. Y. to be divided as aforesaid as the part or share thereof of the said E. B. AND WHEREAS since the decease of the said X. Y. I have at various times, out of his estate or the proceeds thereof, for the benefit of expended divers sums of money, amounting together to the sum of £ or thereabouts, in the rebuilding or repairing of the buildings upon the estate late of the said X. Y. or otherwise in relation to his property, or for the general benefit or advancement of my children; Now I DO hereby direct and declare, that the devises, bequests, and provisions by this my will made to or for the benefit of my said surviving children, and the widow and issue of my ceased son shall said deceased son D. B., shall be by them respectively accepted and taken in full satisfaction and discharge of the said sum of £, and all other monies (if any) received and expended by me as aforesaid, without calling for any account or accounts of or concerning such expenditure, and without questioning the necessity or propriety thereof, AND OF and from which and all actions, suits, claims, and demands in respect thereof, it is my desire that my said surviving children and the widow and (when respectively of full age) the issue of my said deceased son the estate or the testator's chil dren. 8. Direction that provisions made by the testator for his surviving children and the issue of his de be accepted in satisfaction of the monies so applied. 9. Release to be executed if required. PRECEDENT XIV. OF CHILDREN 10. Direction to aggregate value the settlement and will (including the amount D. B. shall upon demand execute a full release and discharge, or releases and discharges, at the expense of my estate. PROVIDED ALWAYS, and (notwithstanding anything hereinbefore contained) I hereby declare, direct, and appoint that (with a view to the equalisation in manner hereinafter appearing of the total provision made by me ascertain the for the issue of my said deceased son D. B. collectively of the trust preand that made by me for each of my surviving children mises subject to respectively) the aggregate amount or value of the trust premises comprised in and subject to the uses or trusts of the said indenture of settlement, and of the real and ments). personal estates of the said X. Y. respectively (including in such amount or value the amount of the several appointments made in favour of the said D. B. by the two several hereinbefore recited deeds poll of the -- day of, and also the amount of the appointment made in favour of the said E. B. by the herein before recited deed poll of the day of but not including in [the sum ex such amount or value the sum of £ of the advance pended in improvements, &c.] expended and applied as said D. B. by the two several hereinbefore recited deeds the rate of £4 per centum per annum, to be computed one-fourth part of the amount of such aggre gate value (minus the ad vancements to the testator's deceased son) on the trust from my death, shall stand charged upon all and singular premises; the said premises hereinbefore expressed to be hereby appointed (being primarily chargeable on the respective shares or interests therein of the said E. B., M. B., and N. B. equally); AND SHALL accordingly be paid or raised 12. —to be out of the same premises to or by the trustees or trustee for the time being of this my will, whose receipts shall be will; paid to the trustees of the |