CHILDREN.

share of the said D. B., or the trust funds representing the same, FOR WIFE AND unto the said D. B., for his absolute use, or otherwise apply the same for his benefit, or they may, with the consent of the said D. B., revoke by deed all or any of the trusts herein before declared, and declare any new or other trusts of or concerning the said share or any part thereof. (Power of advancement, suprà, p. 536.)

IN WITNESS, &c.

66

No. V.

WILL giving all the testator's property to his WIFE
for life and then to his CHILDREN (a very short
form (a)).

OF ALL TO
WIFE AND
CHILDREN.

I Appointment

of executors, trustees, and guardians.

THIS IS THE LAST WILL of me, A. B., of, &c. appoint C. D., of, &c., and E. F., of, &c. (hereinafter called 'my trustees"), to be the executors and trustees of this my will; and I appoint my wife during her life and after her death my trustees, to be the guardian and guardians of my infant children: I GIVE all my property unto my trustees, IN Gift of all the property to TRUST to convert into money the same, and invest the proceeds trustees to in any investments authorised by law for trust funds, with convert, and power to vary such investments at their discretion: AND to pay tow her the income of the proceeds to my wife during her life, and after death divide her death to divide the corpus equally among all my children children. who being sons attain the age of twenty-one years, or being daughters attain that age or marry, with power for my trustees, with the consent of my said wife if living, and if not at their

(a) Sometimes a solicitor is called on to make a will for a person in extremis, when there is not time for the more elaborate trusts and provisions contained in Precedent No. II. In such a case the above precedent may be used.

pay the income wife, and

corpus among

OF ALL TO WIFE AND CHILDREN.

Power to postpone conversion.

own discretion, to raise the whole or any part of the presumptive share of any infant child, and to apply the same for his or her advancement or benefit: AND I empower my trustees to postpone the conversion of any part of my property for so long as they shall think fit, and the income of any property remaining unconverted shall from the time of my death be paid and applied in the same manner as the income of the proceeds thereof would have been payable and applicable for the time being if the same had been converted.

IN WITNESS, &c.

FOR ADULT
CHILDREN.

Appointment of executors.

Gift of all the property to the executors in

No. VI.

WILL of a WIDOWER giving all his PROPERTY in TRUST for his CHILDREN who are all Adults.

THIS IS THE LAST WILL of me, A. B., of, &c. I appoint my sons, C. D., of, &c., and E. F., of, &c., to be the executors and trustees of this my will, and I give to them all my property IN TRUST to convert the same into money by sale or otherwise, vert and divide and to divide the proceeds (after paying thereout my funeral and testamentary expenses and debts) among all my children in equal shares.

trust to con

among

children.

IN WITNESS, &c.

WILLS.

No. VII.

SOME BEING
INFANTS.

WILL of a WIDOWER, giving all his PROPERTY in TRUST FOR CHILDREN,
for his CHILDREN equally, SOME of whom are UNDER
AGE.

of executors,

residuary

trustees in

proceeds

dren equally.

shares of

THIS IS THE LAST WILL of me, A. B., of, &c. I appoint Appointment C. D., of, &c., and E. F., of, &c. (hereinafter called "my trustees, and trustees") to be the executors and trustees of this my will and guardians. the guardians of my infant children: I GIVE, &c. (legacies): Legacies. AND I give all my property not hereby otherwise disposed of Gift of unto my trustees, IN TRUST to convert the same into money by property to sale or otherwise, and to divide the proceeds (after paying my trust to confuneral and testamentary expenses and debts and the legacies vert and divide hereby bequeathed) among all my children, who being sons among chilattain the age of twenty-one years, or being daughters attain that age or marry, in equal shares (Proviso that share of child dying before testator shall go to his or her children, suprà, p. 535): AND with respect to the expectant shares of my infant children Expectant [or grandchildren] I direct my trustees to invest the same in infant children any investments authorised by law for trust funds or upon the debentures or debenture stock or guaranteed or preference stock of British or Indian railway companies (a), with power to vary the investments thereof from time to time at their discretion: AND I empower my trustees to raise any part not exceeding one Power of moiety of the presumptive share of any infant child [or grandchild], and to apply the same for his or her advancement or benefit, as my trustees shall think fit: AND I ALSO EMPOWER my Power to trustees to postpone the sale and conversion of any part of my conversion. estate for so long as they shall think fit, and the income of unconverted property shall from the time of my death go in the same manner as the income of the proceeds thereof would have been applicable if the same had been converted.

IN WITNESS, &c.

(a) For a fuller power of investment, see Precedent No. II., suprà, p. 537.

to be invested.

advancement.

postpone

OF FREEHOLD AND COPYHOLD AND PERSONAL ESTATE FOR BENEFIT OF CHILDREN.

Recital that testator has

No. VIII.

WILL of a WIDOWER; DEVISE and BEQUEST of REAL and PERSONAL ESTATE (except copyholds) to trustees in trust to sell and convert; DEVISE of COPYHOLDS to such USES as trustees shall APPOINT in exercise of trust for SALE; TRUSTS of PROCEEDS of sale and conversion, to pay FUNERAL and TESTAMENTARY expenses, DEBTS, and LEGACIES, and divide surplus between CHILDREN equally, EXCEPT that the share of ELDEST SON who has received an advance shall be reduced by the amount of such advance; MARRIED DAUGHTER's share to be charged with sum covenanted to be paid by marriage settlement; Share of INFANTS to be invested for their benefit; POWER to sons to PURCHASE real estate at a VALUATION; POWER to ALLOT specific portions of property to any CHILD or GRANDCHILD; Usual Powers and Provisions.

I, A. B., of, &c., hereby revoke all former wills and testamentary dispositions, and declare this to be my last will and testament, &c. I appoint (Appointment of executors, trustees, and guardians, suprà, p. 534). AND WHEREAS I have five children five children. by my late wife C. B. deceased, viz., G. B., H. S. the wife of R. S. of, &c., I. B., K. B., and L. B., of whom the said G. B. and H. S. have attained the age of twenty-one years, and my other children are under that age: AND WHEREAS I lately paid the sum of £800 in the purchase of a commission in the army for the said G. B.; AND WHEREAS, by the settlement made on the marriage of my said daughter H. S. with the said R. S., which settlement is dated the day of, I covenanted with (names), the trustees named in the said settlement, for a certain sum the payment to them by my executors or administrators, within twelve calendar months after my decease, of the sum of £2,000, with interest for the same after the rate of £4 per cent. per annum, computed from my decease, to be held by the said trustees upon the trusts therein declared for the benefit of my said daughter and her husband and issue: Now I HEREBY GIVE AND DEVISE such part of my messuage, farm, and lands, situate at

That testator had paid money for benefit of eldest son. That on daughter's marriage he had covenanted to pay

to trustees on his decease.

Devise of real and personal estate (except

AND COPY HOLD

AND PERSONAL

ESTATE FOR

BENEFIT OF
CHILDREN.

trustees.

such uses as

to use of

that trustees

as is of freehold tenure, and all other (if any) my real oF FREEHOLD estate (except copyhold hereditaments), and all my moneys, securities for money, and other personal estate and effects whatsoever unto my trustees: AND I GIVE AND DEVISE such part of the said messuage, farm, and lands as is of copyhold tenure, and copyholds) to all other (if any) my copyhold lands and tenements, To THE USE Devise of of such person or persons and in such manner (a) as my trustees copyholds to shall within twenty-one years after my decease, by any deed or trustees shall appoint, and deeds, for the purpose of carrying into effect any sale made in default of under the trusts hereinafter in that behalf declared, appoint: appointment AND IN DEFAULT of and until such appointment I give and trustees. devise the same unto and to the use of the said C. D. in trust for my trustees and to be surrendered and disposed of as my trustees shall direct : AND I DECLARE that my trustees shall sell, Declaration call in, and convert into money the said real and personal estate shall, out of (including the said copyhold hereditaments) herein before de- proceeds of vised and bequeathed or such part thereof as shall not consist of version, pay money, and shall with and out of the moneys to arise from such sale, calling in, and conversion, and with and out of the moneys of which I shall be possessed at my death, pay my less by amount funeral and testamentary expenses and debts (other than the advanced to said sum of £2,000 covenanted to be paid in and by the said share of the marriage settlement of my said daughter H. S.), and shall stand possessed of the residue of the said moneys (hereinafter called "the residuary trust funds ") IN TRUST for all my children as tenants in common, to be divided between them in such manner that the share of my said son G. B. shall be less in amount than the share of each of my other children by the sum of £800, and that the shares of my other children shall be equal:

sale and con

debts, and hold

residue in trust

for children,

so that eldest

son's shall be

him than the

others.

intended.

(a) Where part of the testator's property is copyhold, and he intends Proper form of that it shall be sold after his death, the proper course is to give to the devise of trustees a power of appointment over it. Under such a power the trustees copyholds when a sale by may on a sale appoint the property to the purchaser, who will be entitled trustees is to require admittance without the intermediate admittance of the trustees, and thus a single instead of a double fine is payable. If, however, an immediate sale is not contemplated, there is no advantage in the plan, because the lord of the manor will be entitled at any time before a sale to require some one to be admitted, and in default of such admittance to seize the land quousque for want of a tenant. As the fine payable on the admission of joint tenants exceeds that payable on the admission of a single tenant, the limitation in default of appointment is in the text to one of the trustees in trust for all of them.