PRECEDENT XXVII. WILL DEVISING REAL ESTATE TO TENANTS IN COMMON WITH CROSS EXECUTORY DEVISES. 10. in default of appointment in trust for his children as tenants in common in fee. 9a. Power to appoint to sons in succession. powers of sale and exchange and making appropriations for the general improvement of the estate, to be vested in any trustees or trustee to be therein named, and to be exerciseable at the discretion of such trustees or trustee or with the consent of any person or persons to be named in that behalf, and with such powers and provisions for the appointment of trustees, and with such clauses and provisions for the preserving and keeping on foot any subsisting power or powers, and any other clauses and provisions incident thereto, and with or without nomination or nominations of a protector or protectors of estates tail, if in exercise of the present power any such estates be created, and upon such conditions, with such restrictions. and in such manner in all respects as the said E. F. shall by any deed or deeds, with or without power of revocation and new appointment, or by will or codicil appoint (d), and in default of such appointment, and so far as no such appointment shall extend, IF there shall be but one child of the said E. F. living at my death or born afterwards, IN (d) It will be seen that this very elaborate power of appointment authorises not only direct limitations to the issue, who are the objects of the power, but also such limitations to trustees, and powers and other provisions as are usual in an ordinary strict settlement. In acting on such a power it would be necessary to exercise considerable care to keep within the rule against perpetuities, the test being whether any disposition made in exercise of the power would have been within the proper limits if made directly by the will itself, (see supra, p. 226, note). The following is a short form of power enabling the tenant for life to select any one of his sons to succeed to the estates, or otherwise to prescribe the course of succession as between them, but not to divide the estates : - "TO THE USE of such son of the said or of such sons of the said taking successively, and by way of remainder or executory devise or limitation over one after the other (and not together or concurrently, or so as to give to or cause to be taken by any two or more sons at one and the same time estates in possession as joint PRECEDENT WILL DEVISING TO TENANTS IN DEVISES. 11. Cross limitadeath of a child tions upon the under twenty one and without issue. TRUST for that one child, his or her heirs and assigns for ever; AND IF there shall be more than one such child of the said E. F., IN TRUST for all the children of the said E. F. living at my death or born afterwards, and their heirs and assigns for ever, in equal shares as tenants in CROSS EXECUTORY common; AND IN CASE there shall be more than one such child of the said E. F., and any of them shall die under the age of twenty-one years without leaving issue living at the time of his, her, or their decease or respective deceases, or as to a son or sons born in due time afterwards, then and in case no such appointment as aforesaid shall be made to the contrary, as well the original share or shares herein before limited as the share or shares by virtue of this clause or proviso coming or accruing to each such child so dying without leaving issue of and in the same hereditaments, shall from time to time remain and be in trust for the other children or child living at my death or born afterwards of the said E. F., and the heirs and assigns for ever of such other children or child, if more than one such child in equal shares as tenants in common (e). PROVIDED ALWAYS, and I hereby declare, that it shall be lawful for the said trustees or trustee for the time being of this my will, at any time or times during the minority of any son or sons of the said E. F., who if of the age of twenty-one years would for the time being under the trusts herein before declared be entitled to the receipt of the rents and profits of the said estate, and other freehold hereditaments devised therewith, or of any undivided share or shares thereof, by tenants or as tenants in common or otherwise) for such estate or estates and in such manner (consistently with the restrictions hereinbefore imposed) as the said shall by any deed or deeds, with or without power of revocation or by will or codicil appoint, and in default, &c." (a) See another form of such a clause of accruer, supra, p. 258. 12. Power of out of the real advancement estate. PRECEDENT XXVII. WILL DEVISING REAL ESTATE TO TENANTS IN DEVISES. charging the same hereditaments or any part thereof, to raise such sum or sums of money not exceeding altogether one half of the value of the then vested or then presumptive share or shares of any such son or sons under the CROSS EXECUTORY trusts hereinbefore declared, and to pay or apply the same for the advancement or benefit of such son or sons in such manner as the said trustees or trustee shall think fit, and to secure the sum or sums of money so to be charged with interest for the same, by demising the hereditaments so to be charged by way of mortgage to any person or persons for any term or number of years, with or without impeachment of waste, or by a mortgage in fee, and with such powers and provisions as may be thought proper, and I declare that no mortgagee or mortgagees shall be bound or concerned to ascertain that the amount advanced by them or him does not exceed the amount which ought to be raised. PROVIDED ALWAYS, and I hereby declare, that notwithstanding anything hereinbefore contained, it shall be lawful for the said E. F., when by virtue of the trusts herein before declared, he shall be beneficially entitled to the receipt of the rents and profits of the said 13. Power to tenant for life to jointure a wife by appoint ing the estate itself or a rentcharge. estate and other freehold hereditaments herein before devised therewith, either before or after his marriage, by any deed or deeds, with or without power of revocation, or by will or codicil, to appoint to or in trust for any woman whom he may marry or have married, for her life or any less period, and in full or in part only for her jointure, and in bar or without being in bar of dower and freebench, the said estate and other freehold hereditaments or any part thereof, or to charge the said estate and other freehold hereditaments, or any part thereof, with the payment to a trustee or trustees for such woman for her life or any less period, and in full or in part only for her jointure, and in bar or without being in bar of dower and freebench, of any annual sum or annual sums not exceeding in the whole the clear yearly rents and profits of the heredita PRECEDENT WILL DEVISING DEVISES. 14. Ultimate ments charged therewith, such annual sum or annual sums to be paid at such times and in such manner as to the said E. F. shall seem meet. PROVIDED ALWAYS, and I hereby declare, that if there shall be no child of the said E. F. living at my death or born afterwards who shall CROSS EXECUTORY attain the age of twenty-one years, or die under that age leaving issue living at his or her decease or as to a son or trust in fee sons born in due time afterwards, then and in such case simple. the said estate and other freehold hereditaments devised therewith shall, subject and without prejudice to any exercise of the power of appointment herein before given to the said E. F., and any exercise of the power of advancement or the power of appointing a life interest or an annual sum or annual sums hereinbefore respectively contained, be held by the said trustees or trustee for the time being IN TRUST for the said [persons specified by name], or such of them as shall be living at the time of my decease, their heirs and assigns, in equal shares as tenants in common [Management clause providing for maintenance, see the forms supra, pp. 396, 401, note, which may readily be adapted. Powers of leasing and of sale and exchange of the general frame of those in Precedent XXI. supra, but adapted to the case of the legal fee being in the trustees. General bequest of personal estate upon trust for conversion and payment of funeral, &c., expenses, debts and legacies, and for application of residue as sale monies of real estate, see Precedent XXI. Usual clauses as in the same Precedent]. IN WITNESS, &c. XXVIII. PRECEDENT WILL GIVING FIXED SUM TO YOUNGER OF PERSONAL 1. Bequest of furniture, &c., in trust for tes tator's wife for widowhood, and afterwards to go with real estate. WILL of REAL and PERSONAL ESTATE. Bequest of FUR- NITURE, &c., to go with REAL estate. I, A. B., of, &c. [supra, p. 26. Bequest of furniture, &c., "except such effects as are hereinafter bequeathed to my said wife absolutely," to trustees, supra, p. 67.] UPON TRUST to permit my wife, C. B., to possess, use, and enjoy the same furniture and other effects during her widowhood, and after her death or future marriage, I declare that the same shall follow and be subject to the like trusts, powers, and provisions as are hereinafter declared concerning my real estate so far as the rules of law and equity will permit. [Provisions as to inventory, insurance, &c., see supra, p. 68, and note. Bequest of personal ornaments, wines, &c., and pecuniary legacy to wife. General devise of freeholds to trustees in fee, supra, p. 558]. UPON trustees in trust TRUST to permit my said wife and her assigns to occupy, possess, and enjoy, or receive the rents and profits of the 2. Devise of freeholds to for wife for widowhood; |