WILL OF A MARRIED WOMAN EXERCISING GENERAL 2. Appointment in exercise of tioned life interest of the said A. B., and so that no such PRECEDENT XXXI. appointment shall take effect in possession until after the death of the survivor of me and the said A. B.), any part or parts of the said trust premises not exceeding in the whole in the respective events therein mentioned, such respective proportions as therein mentioned of the same trust premises (that is to say), if there shall not be more than one child of me the said testatrix by the said A. B. who, being a son, shall attain the age of twenty-one years, or being a daughter shall attain that age or marry under that age, any part or parts not exceeding in the whole one half of the same trust premises, and if there shall be two or more such children then any part or parts not exceeding in the whole one-third part of the same trust premises; NOW IN EXERCISE of such powers or of either of them which may under the circumstances be exercisable, and of every or any other power in anywise enabling me in this behalf, I hereby appoint that the said trust premises or so much thereof as in the event shall be disposable by this my will, shall from and after the death of the said A. B., or from such other time as this my will shall become operative or take effect in possession in relation thereto respectively, remain and be upon and for the trusts and purposes following, and I hereby bequeath and appoint the same accordingly (that is to say), IF AT my death there shall not be any child of me the said testatrix by the said A. B. then living, and there shall not have been any such child who shall previously have died, but shall have attained the age of twenty-one years being a son, or have attained that age or married under that age being a daughter, then I bequeath and appoint the sum of £for her sole and separate use, and the sum of £ to to ; BUT IF at my death there shall be any child of me the said testatrix by the said A. B. then living, or there shall have been any such child who shall previously have died but shall have attained the age of twenty-one the powers of the settlement of legacies, varying in amount accord ing to the circumstances, to two specified persons. PRECEDENT XXXI. years being a son, or shall have attained that age or married under that age being a daughter, then I bequeath WILL OF A MARRIED WOMAN EXERCISING GENERAL 3. Legacies to 4. Bequest of residue of settled fund which in the event is disposable by the testatrix and all other her disposable personal estate to two persons equally. 5. Appointment of executors. and appoint the sum of £ to the said for her to the said (b); AND I DIRECT and appoint that in either of the aforesaid alternative events the aforesaid legacies to the said and shall be considered as payable upon the death of the survivor of me and my said husband, and shall thenceforth carry interest at the rate of £4 per cent. per annum until payment, and that should such respective legacies or either of them lapse by the death of the legatees or legatee in my lifetime, the legacies or legacy lapsing shall fall into the residue of the appointed fund by way of augmentation of such residue, and so as to devolve together therewith. AND I BEQUEATH and appoint the residue of the said premises which in either of the aforesaid alternative events shall be disposable by this my will and also all other the personal estate belonging to me for my separate use, or which I may at my decease have power to dispose of by will, unto L, M. and N. O. in equal shares. AND I HEREBY APPOINT the said L. M. and N. 0. executors of this my will (c). IN WITNESS, &c. PRECEDENT WILL OF A MARRIED WOMAN UNDER LIMITED POWERS. XXXII. WILL of a MARRIED WOMAN under LIMITED POWERS. Appointment of a LIFE estate in a settled fund to her HUSBAND, and of the CORPUS of the fund among her CHILDREN. One CHILD, who has already been ADVANCED, receives a FURTHER sum, another receives (b) The amounts of the legacies are different in the alternative cases. (c) See supra, p. 584, note (i). such a sum as with the PROPERTY SETTLED on his day of I, C. B., the wife of A. B. of &c., hereby revoke &c. [supra, p. 26] (b). WHEREAS under the will of my late father X. Y., dated the day of, and proved on the in the Principal Registry of the Court of Probate, the sum of £― was directed to be set apart by the trustees and executors of the said testator, and to be invested as therein mentioned, and the same trust fund was settled upon such trusts and with such powers exercisable by me the said testatrix in favour of myself and any husband I might marry, and my children or child, as should correspond with the trusts and powers in the said testator's will declared and contained concerning another like sum of £, in favour of his the said testator's daughter L. M. and her husband and children or child, which trusts so referred to were in substance for the said L. M. during her life, and after her death for all or any such one or more children or child of the said L. M. if more than one in such shares and in such manner in every respect as the said L. M. should by will or codicil appoint, and in default of appointment for the children or child of the said L. M. who should attain the age of twenty-one years, or in the case of daughters marry, (a) As to wills exercising limited powers of appointment, see the notes to Precedent XIII., supra, pp. 268 et seq. and p. 290, note. As to powers to appoint to issue, see also ante, Vol. iii., Settlements, p. 155 et seq.; and to the cases in p. 156, notes (x) and (y), add Slark v. Dakyns, L. R. 15 Eq. 307, 10 Ch. Ap. 35, Morgan v. Gronow, L. R. 16 Eq. 1. (b) As to the revocatory clause, see supra, p. 580, note (b). PRECEDENT XXXII. WILL OF A MARRIED WOMAN POWERS. 2. Recital of advancement. if more than one in equal shares, subject to a clause providing in the usual way for bringing appointed shares into hotchpot; And with provisions for the advancement UNDER LIMITED and maintenance and education of children, and the accumulation of the surplus income of expectant shares, and a power to resort to such accumulations for subsequent maintenance as therein mentioned, and subject to a power thereby given to the said L. M. by deed or will, and either before or after marriage, to appoint the income of the same trust fund or any part thereof from and after her decease to any husband she might leave surviving her for his life or any less period. AND WHEREAS a portion of the said trust fund in which I have a life interest under the said will as herein before mentioned was in pursuance of the power of advancement therein contained as aforesaid applied or disposed of for the benefit of my daughter R. S. the wife of T. S. during her minority and in contemplation 3. Appointment of her marriage, Now IN EXERCISE of the power for this purpose so by reference vested in me by virtue of the said will of my said late father as aforesaid, and of every or any other power enabling me in this behalf, I hereby appoint and bequeath the whole of the dividends, interest, and income of the said trust fund in which I have a life interest under the said will as hereinbefore mentioned, and the stocks, funds, and securities representing the same, or so much thereof as shall not for the time being have been applied or disposed of under the power of advancement in the said will contained as aforesaid, unto my husband, the said A. B., for the term of his life for his own absolute use 4. Appointment and benefit, AND IN EXERCISE of the power in this behalf given to me by the said will by reference as aforesaid, and of every or any other power hereunto enabling me, I hereby further direct and appoint that the trustees or trustee for the time being of the said will of my said late father shall as soon as may be after the death of the survivor of myself and my husband, the said A. B., with and of life interest to testatrix's husband. of corpus. out of the same trust fund, or the stocks, funds, or securities representing the same, RAISE and pay to my said daughter R. S., her executors, administrators, or assigns, the sum of £- sterling, with interest thereon from the death of the survivor of myself and my said husband until payment thereof at the rate of £— per cent. per annum, AND to my son M. B., his executors, administrators, or assigns, such a sum as with the value, to be ascertained on the day of the death of the survivor of myself and my said husband, of the trust funds and property settled upon the marriage of my said son M. B. with L. B. his wife, without deducting the amount of succession duty which will then be payable in respect of such trust funds and property, shall amount to £, with interest on the sum to be raised and paid as last aforesaid from the death of the survivor of myself and my said husband until payment thereof at the rate of £ per cent. per annum, and the said trustees or trustee shall have full power and discretion to settle and arrange the amount to be so paid, and the mode of valuing the trust funds and property aforesaid for that purpose; AND I FURTHER appoint and direct that the said trustees or trustee shall from and after the death of the survivor of myself and my said husband stand possessed of all the residue which shall then remain undisposed of the said trust premises in which I have a life interest under the said will of my said late father, after answering the trusts and purposes aforesaid (including any portion or portions thereof the appointment or disposition whereof hereinbefore contained may fail (c), but with the exception of the sum of £, which is intended by me to remain unappointed, to the intent that the same may devolve under the trust in default of appointment in the said will of my said late father contained (d)), in trust for such of (c) See supra, p. 279, note (k). (d) This sum is left unappointed in order that it may go, with the |