XXVII. WILL of REAL and PERSONAL estate. GENERAL DEVISE of FREEHOLDS in fee simple, UPON TRUST to raise money to pay DEBTS and LEGACIES in aid of personalty, subject thereto in TRUST for the testator's ISSUE, subject thereto IN TRUST for a person for LIFE, with remainder to his ISSUE as he shall APPOINT, and in default of appointment IN TRUST for his CHILDREN as TENANTS in COMMON in FEE, with CROSS EXECUTORY DEVISES on death under twenty-one and without issue. POWER to ADVANCE out of REAL ESTATE. POWER to JOINTURE, enabling a life estate to be appointed to the jointress. ULTIMATE TRUST in FEE SIMPLE (α). I., A. B. of &c. hereby revoke &c. [supra, p. 26. Bequest to wife of furniture, &c. and pecuniary legacy. (a) The following observations were written on this will. They contain, as will be seen, a comparison between the ordinary method of limiting estates tail and the plan here followed of limiting estates in fee with cross executory devises. It will be observed that all the limitations in this will are equitable : "A provision for children by way of estates tail with cross remainders is usually preferred to estates in fee with cross limitations on death under twenty-one without issue, for the following reasons: "1st. Because estates tail are more likely to keep the property entire and in the family; for a child being tenant in tail cannot, after he comes of age, dispose of his share without barring the entail, and if he has not executed a deed to bar the remainders, his share will not pass by his will; but if he is tenant in fee, then, as soon as he has attained twenty-one, the share will pass by his will, and probably thereby, although he die without issue, be separated from the rest of the estate. "2ndly. Because where there have been several children, and some of them have died without issue abroad, after having attained twenty-one, there is less difficulty in giving evidence of the future PRECEDENT WILL DEVISING CROSS EXECUTORY DEVISES. Limitations in tail why pre ferable to limita- with cross afore Bequest of other legacies and annuities.] I DEVISE all my estate, and other freehold hereditaments, or by the sale of title, because it is more easy to prove that a child did not bar the entail than to prove that he died intestate. "3rdly. Because estates limited by way of remainder are more adapted to a series of limitations than estates limited by way of executory devise, and the effect of the limitations when limited by way of remainder is better understood than when limited by way of executory devise. "4thly. Because the estates tail and remainders over cannot be barred without the consent of the protector, if any, which imposes a wholesome check on children aliening their estates while in reversion." PRECEDENT WILL DEVISING DEVISES. 3. and apply the same ac cordingly. 4. Clause giving discretion as to mode of sale mortgage. annuities as aforesaid or any of them (other than charitable legacies), and also such sum or sums of money as shall be sufficient to pay all costs and expenses incurred or paid in or about the execution of the present trust, AND SHALL pay and apply the monies so to be raised in or towards the CROSS EXECUTORY payment and satisfaction of the same funeral and testamentary expenses, debts, legacies, annuities, and legacy duty, and costs and expenses respectively accordingly (b); AND I HEREBY DECLARE, that the said trustees or trustee for the time being may make any sale or sales under the trusts herein before declared, either by public auction or and terms of private contract, &c. [usual powers, supra, p. 80.] AND I FURTHER DECLARE, that the money to be raised by mortgage under the trusts herein before declared may be raised by the said trustees or trustee on such terms as to the rate of interest or as to the reduction of the rate of interest on payment of the interest within a specified time, or as to the continuance of the loan, or in other respects, and subject to such power or powers of sale comprising indemnities to purchasers and other clauses in connection therewith, and such other provisions as the said trustees or trustee shall consider proper, and such trustees or trustee may appoint or make provision for the appointment by them or him or otherwise of any receiver or receivers for any mortgagee or mortgagees, and enter into any agreements in relation thereto which they or he shall think proper, and any such receiver or receivers may have any powers given to him or them which the said trustees or trustee shall think proper, and the said trustees or trustee may abandon or alter or vary any contract or (b) The trusts in the text may be compared with those of the term created for the like purposes in Precedent XXIII. supra, pp. 469 et seq. As the trusts in the text are annexed to the fee, the trustees are expressly authorised to raise the required amount by sale (among other modes). See also the references in p. 472, note (n), supra. PRECEDENT WILL DEVISING REAL ESTATE TO TENANTS IN COMMON WITH DEVISES. 5. Trustees not to be bound to raise monies unless required the testator's personal representatives, and by payment to such representatives. contracts for a loan or loans, and may upon or for the pur poses of any such sale or mortgage, execute and do all such assurances and things as they or he shall think fit. AND I HEREBY DECLARE, &c. [Clause exempting persons CROSS EXECUTORY paying money from inquiry, supra, p. 470]. PROVIDED ALWAYS, and I hereby declare, that no person or persons by whom for the time being any sum or sums of money shall under the trusts hereinbefore declared be raiseable, and who shall not be my personal representative or representatives, or one or more of such representatives, shall be to be discharged personally answerable for any laches or neglect in not raising any such sum or sums of money, unless the person or persons who shall for the time being be my personal representative or representatives shall give notice to the person or persons by whom for the time being the same. sum or sums of money shall be raiseable to raise such sum or sums, AND THAT the receipt of my personal representative or representatives for the time being shall be an effectual discharge to the person or persons so raising such sum or sums, and exonerate him or them from inquiry into the propriety of the same being raised or from seeing to the application thereof, or being answerable for the loss or misapplication thereof. AND INASMUCH as it is my wish, &c. [Power for the trustees to raise money before it is ascertained whether it will be wanted. Surplus money to be applied as if it had arisen under the power of sale, see p. 471, supra.] AND I HEREBY DECLARE, that the said E. F., G. H., and I. K., their heirs and assigns, shall stand seised of the said estate and other freehold hereditaments herein before devised to them, subject and without prejudice to the trusts herein before declared of the same hereditaments, IN TRUST for the heirs of my own body (c); and in default of such issue, IN TRUST for the said E. F. and his assigns for his life without 6. Subject thereto the trustees to stand seised of the estates; 7. -in trust for the heirs of the testator's body. 8. remainder in trust for a person for life; (c) As to this devise, see p. 490, note, supra. PRECEDENT WILL DEVISING DEVISES. 9. remainder in trust for his appoint; impeachment of waste; and from and after the decease of the said E. F., IN TRUST for all or such one or more exclusively of the others or other of the issue of the said E. F., whether a child or children, or remoter descendant or descendants (such remoter descendant or CROSS EXECUTORY descendants being born in the lifetime of the said E. F., or within twenty-one years next after his decease), or in case of there being only one such child or remoter issue as he shall descendant for the time being, for such child or remoter descendant, for such estates or estate, interests or interest, and if more than one in such shares, and with, under, and subject to such limitations and remainders over, and charged and chargeable with such sum and sums of money, either annual or in gross, such limitations and remainders over, and sum and sums of money being for the benefit of some one or more of the said child or children, or remoter descendant or descendants, with such provisions for the maintenance and education and advancement or benefit of some one or more of the said child or children, or remoter descendant or descendants, at the discretion of any trustees or trustee or person or persons to be named or referred to in that behalf or otherwise, with such limitations to trustees for terms of years. and with such powers for a tenant for life or tenants for life to jointure and charge portions, and to appoint any portion or portions charged under any such power or otherwise charged, for his, her, or their children or issue, and with such powers of leasing to be given to a tenant for life or tenants for life, and to any trustees or trustee during the minority or minorities of a tenant for life or tenants for life or of any other person or persons taking under such appointment, and with such provisions for management during the minorities of such tenant for life or tenants for life or other persons or person taking under such appointment, including any provisions as to the application of income or surplus income, and with such VOL. 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