No. IV. CHILDREN. TRUSTS of a RESIDUE for WIFE and ISSUE, being variations FOR WIFE AND income to wife for issue as she will, and in 1. IN TRUST to pay the income thereof to my said wife during Trust to pay her life, and after her decease IN TRUST for my children or any for life, then of them or any of their issue as my said wife shall by any deed or shall appoint deeds or by her will appoint, and in default of such appointment by deed or and so far as any such appointment shall not extend, IN TRUST default of appointment for all my children who being sons [have attained or] shall attain for children the age of twenty-one years, or being daughters [have attained or] shall attain that age or [shall] marry under that age, in equal shares, and if there shall be only one such child, the whole to be riage. equally, sons daughters at at 21, and 21 or mar in trust for that one child: [PROVIDED ALWAYS that if any child Proviso that VOL. II. N N share of child CHILDREN. dying before children. of FOR WIFE AND of mine shall die in my lifetime leaving a child or children who shall survive me, and being a son or sons shall attain the age testator shall twenty-one years, or being a daughter or daughters shall attain go to his or her that age or marry, then and in every such case, and in default of any appointment by my said wife to the contrary, the lastmentioned child or children shall take (and if more than one, equally between them) the share which his, her, or their parent would have taken of and in the residuary trust funds if such parent had survived me and attained the age of twenty-one years (a)] PROVIDED ALSO that no child [or grandchild] of mine who or any of whose issue shall take any part of the residuary trust funds under any such appointment as aforesaid shall be entitled to any share of the unappointed part of the residuary trust funds without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly, unless my said wife shall by any such appointment as aforesaid direct the contrary. (Advancement clause, suprà, p. 536.) Hotchpot clause. Trust to pay income to wife for widow hood, and children or issue as she shall during widowhood by deed, and if she does not 2. IN TRUST to pay the income thereof unto my said wife during her life if she shall so long remain my widow, and from afterwards for and after her decease or second marriage (which shall first happen), IN TRUST for my children or any of them or any of their issue as my said wife shall during her widowhood by any deed or deeds, or, if she shall not marry again, by her will, appoint; and in default, &c. (trusts for children: proviso that share of child dying before testator shall go to his or her children ; of appointment hotchpot clause, as above), AND I declare that my trustees may with the consent of my said wife during her widowhood, and afterwards at their own discretion raise, &c. (Advancement clause, suprà, p. 536.) marry again by will appoint, and in default for children equally. As to moiety to wife during widowhood, and if she marries again, annuity to be paid to her. 3. AND shall stand possessed of the said residuary moneys and pay income to the investments representing the same (hereinafter called "the residuary trust funds"), upon the trusts following, (that is to say,) as to one moiety thereof, IN TRUST to pay the income of the said moiety to my said wife during her life, if she shall so long remain my widow, and if she shall marry again, then from and after her second marriage, IN TRUST out of the said income to pay to my said wife during the rest of her life an annuity of £ by equal half-yearly payments, the first payment thereof (a) See note (h), p. 536. CHILDREN. thereto trust to be made at the expiration of six calendar months from the FOR WIFE AND date of such marriage, AND as to the said moiety from and after the decease or second marriage of my said wife, and in the event Subject of such second marriage subject to the said annuity, and as to for children the other moiety of the residuary trust funds from and after my decease, IN TRUST for all, &c. (Trusts for children as above.) son equally. children and deceased chil stirpes. 4. IN TRUST for such children of mine living at my decease, Trusts for and such grandchildren of mine (being the issue of my deceased grandchildren or of any other child of mine who may die in my life- (the issue of time) as being male [have attained or] shall attain the age of dren) per twenty-one years, or being female [have attained or] shall attain that age or shall marry under that age, the objects of this trust to take in equal shares, except that the issue of a deceased child of mine shall take between them the share only which their parent would have taken if he or she had survived me, and attained the age of twenty-one years. children and clause. 5. IN TRUST for such children of mine living at my decease, and Trusts for such grandchildren of mine (being the issue of any child or chil- grandchildren dren of mine dying in my lifetime) as being male shall attain the to vest at 25. age of twenty-five years, or die under that age leaving issue, or being female shall attain the age of twenty-five years or marry under that age, the objects of this trust to take in equal shares, except that the issue of a deceased child of mine shall take between them the share only which their parent would have taken if he or she had survived me: PROVIDED ALWAYS and I Maintenance declare (b) that during the minority of any child or grandchild of mine who if of the age of twenty-five years would for the time being be entitled in possession to a share of the residuary trust funds under the foregoing trusts, my trustees may apply the whole or any part of the income of the expectant share of such minor for or towards his or her maintenance and education with liberty to pay the same to the guardian or guardians of such minor for the purpose aforesaid, without being liable to see to the application thereof; and shall accumulate the residue (if Accumulation. any) of the said income by investing the same and the resulting income thereof to the intent that such accumulations shall be added to the principal share from which the same shall have (b) Sect. 43 of the Conveyancing Act, 1881, does not apply where a child's share does not vest until the age of twenty-five years. FOR WIFE AND proceeded, and follow the destination thereof, but my trustees CHILDREN. Between ages of 21 and 25, whole income to be payable. may at any time resort to the accumulations of any preceding year or years and apply the same for or towards the maintenance and education of any person for the time being presumptively entitled thereto: PROVIDED ALSO and I declare that every child or grandchild of mine who has attained the age of twenty-one years, and who if he or she had attained the age of twenty-five years would be entitled in possession to a share of the residuary trust funds under this my will, shall be entitled to receive the whole income of his or her expectant share until the same shall have become vested or he or she shall previously And direction die: and if any daughter or granddaughter of mine shall marry infant married while an infant, the income of the share (if any) of the residuary trust funds to which she shall for the time being be entitled in possession under this my will, may be paid to her, and her receipt shall be a sufficient discharge for the same: PROVIDED ALSO and I declare that, &c. (Advancement clause, suprà, p. 536.) as to shares of daughters. Trust for children equally except that past and future advances to be brought into hotchpot 6. IN TRUST for all my children in equal shares, except that my daughters shall bring into hotchpot and account for as and £ part of their respective shares the sums of £ children shall settled by me on their respective marriages, and my son shall bring into hotchpot and account for as part of his share the sum of £, which I expended for his benefit in the year 18-, and except also that every son and daughter of mine shall bring into hotchpot and account for as part of his or her share every sum of money (exceeding £ at one time) which I may hereafter give or agree to give to or for the benefit of such son or daughter upon his or her marriage, or otherwise for his or her advancement or benefit, unless in any such case I shall by writing direct to the contrary. Trusts for children equally. Declaration that trustees shall hold share of each daughter in trust to pay 7. IN TRUST to pay the income thereof to my said wife during her life, and after her decease IN TRUST for my children who being sons [have attained or] shall attain the age of twenty-one years, or being daughters [have attained or] shall attain that age or [shall] marry under that age, to be divided between them in equal shares, and if there shall be only one such child, the whole to be in trust for that one child: PROVIDED ALWAYS, and I declare that my trustees shall retain the share of each of my daughters of and in the residuary trust funds upon the trusts CHILDREN. income to her interest to issue of she shall equally. following (that is to say), UPON TRUST to pay the income FOR WIFE AND thereof to my same daughter for life, and so that if and while she shall be under coverture the same shall be for her separate in life for use, and she shall not have power to dispose of the same in the separate use, with power to way of anticipation, but with power nevertheless for my same appoint life daughter to appoint, by deed or will, that after her decease the husband, whole or any part of such income shall be paid to any husband of her who may survive her during his life or any less period: AND FROM AND AFTER the decease of such daughter, and subject and subject to any appointment which may be made to her husband as afore- thereto for said, IN TRUST for the children of my same daughter or any of daughter as them or any of their issue in such shares (if more than one) and appoint; in such manner as she shall, by any deed or deeds, or by her will, appoint, AND IN DEFAULT of such appointment, and so far in default of appointment as any such appointment shall not extend, IN TRUST for the for children of children of my same daughter, who being male shall attain the daughter age of twenty-one years, or being female shall attain that age or marry, in equal shares, and if there be only one such child, the whole to be in trust for that one child, BUT SO NEVERTHELESS Hotchpot that no child, who or any of whose issue shall take a share clause. under any such appointment as aforesaid, shall take any part of the trust funds remaining unappointed without bringing the share appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly, unless my daughter making such appointment as aforesaid shall thereby direct the contrary: AND IN CASE there shall be no child of my same If no issue of daughter, daughter who being male shall attain the age of twenty-one then as years, or being female shall attain that age or marry, then daughter shall UPON SUCH TRUSTS and in such manner as my same daughter shall by deed or will when not under coverture, or by will while under coverture, appoint, AND IN DEFAULT of such appointment, in default of appointment, and so far as any such appointment shall not extend, IN TRUST for testator's for my other children, who being sons attain the age of twenty- daughters" one years, or being daughters attain that age or marry, in accruing equal shares, and so that the share or shares accruing to each or similarly any daughter of mine under this trust shall be subject to the trusts hereby declared concerning the original share of the same daughter under this my will: PROVIDED ALWAYS, and Proviso that I hereby declare that if any child of mine shall die in my lifetime dren dying appoint; other children, shares to be settled. issue of chil |