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AND COPYHOLD

ESTATE FOR

BENEFIT OF
CHILDREN.

Proviso that
daughter's
share shall be
exclusively
charged with

OF FREEHOLD PROVIDED ALWAYS, and I declare (), that the share of my AND PERSONAL daughter H. S. shall be charged with the payment to the trustees of her marriage settlement of the said sum of £2,000 thereby covenanted to be paid by my executors or administrators as aforesaid, and with the interest of the same, in exoneration of the residue of my estate and effects: PROVIDED ALWAYS, and I declare that if any child of mine living at my decease being a son shall die under the age of twenty-one years, and without leaving issue, or being a daughter shall die under that age and without having been married, as well the original share of every or any child so dying, as also any share or shares accruing to him or her under this provision, shall go to the others of my children in equal shares: PROVIDED ALSO, and I further declare children dying that if any child of mine shall die in my lifetime, leaving a child shall take their or children who shall survive me, and being a son or sons shall parent's share. attain the age of twenty-one years, or being a daughter or

sum covenanted to be paid to her trustees.

Accruer clause.

Proviso that issue of

before testator

Declaration

that shares of infants shall be invested.

Power of advancement.

daughters shall attain that age or marry under that age, then and in every such case the last-mentioned child or children shall take (and if more than one, equally between them) the share (as well original as accruing) which his, her, or their parent would have taken under this my will if such parent had survived me and attained the age of twenty-one years: PROVIDED ALWAYS, and I declare that if any child or grandchild of mine entitled in expectancy to a share of the residuary trust funds under this my will shall at my death be under the age of twenty-one years, my trustees shall invest the expectant share of each such minor with power to vary the investments thereof from time to time, and the income thereof shall be applicable for his or her maintenance under the statutory provision in that behalf (c): AND I ALSO DECLARE that my trustees may at any time or times raise any part or parts not exceeding together one moiety of the expectant share of any minor under the trusts of this my will, and apply the same for his or her preferment, advancement, or benefit, in such manner as my trustees shall think fit (Power to postpone sale and conversion, suprà, p. 536):

(b) It is assumed that the settlement contains a provision for settling H. S.'s after-acquired property, so that the share she takes under the will will become subject to such settlement.

(c) See Conveyancing Act, 1881, s. 43.

AND COPYHOLD

AND PERSONAL

ESTATE FOR

BENEFIT OF
CHILDREN.

valuation.

PROVIDED ALWAYS, and I declare that if either of my sons OF FREEHOLD having attained the age of twenty-one years shall within twelve calendar months after my death, by a notice in writing, to be given to my trustees or any one of them, offer to purchase the hereditaments hereby devised and bequeathed in trust for sale or Power to sons to purchase any part thereof, then and in such case the same hereditaments real estate at a shall be sold to the son making such offer at a price to be agreed on between my trustees and my said son, or if they are unable to agree, then at a price to be determined by the valuation of two indifferent persons, one to be chosen by each party or by an umpire to be chosen by the two valuers before they proceed to act in the valuation: AND I FURTHER DECLARE that if two or more of my said sons shall offer to purchase the same hereditaments under the option herein before given to my said sons in that behalf the preference shall be given to the eldest of the sons making such offer: PROVIDED ALWAYS, that no purchaser of any hereditaments under the trust for sale herein before declared, shall be bound or concerned to see or inquire whether any of my sons shall have made such offer to purchase as aforesaid, nor be affected by notice that such offer has been made : PROVIDED ALWAYS, and I further declare that it shall be lawful Power to for my trustees from time to time to arrange with any one or allot specific more of my children or grandchildren entitled to a share shares in the residuary trust funds, that as regards any specific any child or part of my property for the time being remaining unsold or not consisting of money, the same instead of being sold and converted into money shall be taken by such child or children, or grandchild or grandchildren in satisfaction or part satisfaction of his or her or their share or respective shares in the residuary trust funds, and for this purpose the property to be so taken shall be deemed to be of such value as shall be agreed on between my trustees and the person or persons taking the same. (Investment clause, suprà, p. 537.)

IN WITNESS, &c.

or

trustees to

portion of property to grandchild.

00

VOL. II.

OF ANNUITY TO WIFE, LEGACIES TO

YOUNGER

CHILDREN, AND

RESIDUE TO

ELDEST SON.

Bequest of annuity to wife for life.

Bequest of a legacy to each younger son attaining twenty-one and to each daughter attaining that age, or marry ing.

to go to their

No. IX.

WILL of REAL and PERSONAL estate; BEQUEST of
ANNUITY to WIFE, and LEGACIES to all the CHIL-
DREN except the ELDEST SON; RESIDUE to the ELDEST
SON.

I, A. B., of, &c. (Commencement and appointment of executors, trustees, and guardians, suprà, p. 534; Bequest of furniture, &c., and a legacy to wife): I GIVE to my said wife an annuity of £ during her life, to be paid to her by equal half-yearly payments, the first of such payments to be made at the expiration of six calendar months after my decease: I GIVE to each of my children (other than my eldest son) who being a son attains the age of twenty-one years, or being a daughter attains that age or marries, the sum of £5000, free from legacy duty: AND IF any child (other than my eldest son) shall die in my lifetime leaving issue, then and in every such case I give the legacy Legacies of of £5000, which each or any such child would have taken under children dying before testator this my will if he or she had survived me and attained the age of twenty-one years, to his or her children (if any) who being a son or sons shall attain the age of twenty-one years, or being a daughter or daughters shall attain that age or marry, and if there shall be only one such child, the whole to go to that one child: AND I DECLARE that if at my decease any child or grandchild retained, and of mine presumptively entitled to a legacy or a share of a legacy invested, under the aforesaid bequests, shall be under the age of twentyone years, and being a female shall be also unmarried, then and in every such case my trustees shall retain the presumptive legacy or share of such minor, and invest the same, with power from time to time to vary the investments thereof, to the intent that the income of the same legacy or share shall be applicable maintenance. for or towards the maintenance and education (a) of such minor,

issue (if any).

Legacies of infants to be

and income

applied for

Whether statutory maintenance

clause applies to contingent legacy.

(a) It was held that sect. 26 of 23 & 24 Vict. c. 145, did not apply to a contingent legacy where the infant on attaining twenty-one would not be entitled to the intermediate interest. In re George, 5 Ch. D. 837. The language of sect. 43 of the Conveyancing Act, 1881, is different in this respect from that of the former Act, but it is desirable to prevent any question by an express direction in the will.

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OF ANNUITY TO WIFE, LEGACIES TO YOUNGER

RESIDUE TO ELDEST SON.

which fail to

into residue.

proceeds, to

under the statutory power in that behalf, and so also that my trustees may, if they think fit, raise any part not exceeding a moiety of the same presumptive legacy or share, and apply the CHILDREN, AND same for the preferment, advancement, or benefit of such minor, at their discretion: AND I DECLARE that if any of the legacies Advancement herein before bequeathed shall fail to become absolutely vested clause. in any person or persons under this my will, every such legacy Legacies and the accumulations thereof, and the investments represent- vest to sink ing the same, or such part thereof as shall not have been applied for the advancement of any minor presumptively entitled thereto as aforesaid, shall fall into and form part of my residuary estate. (Devise and bequest of residuary real and personal estate to trustees Devise and bequest of in trust to sell and convert, and pay funeral and testamentary residue. expenses, debts and legacies, suprà, p. 535): AND SHALL also Trusts of appropriate and invest in the £3 per Cent. Annuities such appropriate in a sum of money as will, when invested, be sufficient with a fund to the income thereof to pay and satisfy the said annuity of answer annuity. herein before given to my said wife, and shall retain the same as a fund to answer the said annuity, and shall stand possessed of the residue of the said moneys, and also of the fund set apart to answer the said annuity subject to the same annuity (hereinafter called the said residuary moneys), IN TRUST Residue to for my eldest son G. B.: PROVIDED ALWAYS, that if the said eldest son. G. B. shall die in my lifetime, or shall survive me and die under under age, the age of twenty-one years, then and in such case my trustees then for his shall stand possessed of the said residuary moneys IN TRUST for attaining the child or children (if any) of my said son G. B., who being &c., and if no male shall attain the age of twenty-one years, or being female such son of shall attain that age or marry, and if there shall be no such child testator as as last aforesaid, then IN TRUST for such son of mine (other than attain the said G. B.) as shall first attain the age of twenty-one years: AND I DECLARE that if the said G. B., or other the person entitled Direction to in expectancy to the said residuary moneys or any part thereof under this my will, shall be under the age of twenty-one years infancy. at my decease, my trustees shall invest the same, with liberty from time to time to vary the investments thereof: AND my Advancement trustees may at any time or times during the minority of the said G. B., or any other person for the time being entitled in expectancy to the said residuary moneys or any part thereof

But if he dies

children

twenty-one,

child, then for

shall first

twenty-one.

invest residue during

clause.

OF ANNUITY
TO WIFE,

LEGACIES TO

YOUNGER

CHILDREN, AND
RESIDUE TO

-ELDEST SON.

under this iny will, raise out of the same moneys any sum or sums not exceeding together the sum of £, and may apply the same for the advancement, preferment, or benefit of such minor as my trustees shall think fit. (Power to postpone sale and conversion, suprà, p. 536.)

IN WITNESS, &c.

DEVISE OF

HOUSE AND

LAND TO INFANT SON, AND DEVISE AND BEQUEST OF RESIDUE IN TRUST FOR WIFE AND CHILDREN.

Devise of lands to son, on his attaining twenty-one.

Power to

trustees to apply rents

and profits of estate during minority of son for his

benefit.

No. X.

WILL of REAL and PERSONAL ESTATE; DEVISE of House
and Lands to TRUSTEES in Trust to MANAGE and
APPLY RENTS and PROFITS for Benefit of SON During
his MINORITY, and to CONVEY same to him on his
attaining Twenty-one; In case of decease of SON
during Minority, the Property to fall into Residue;
DEVISE and BEQUEST of RESIDUE OF Real and Personal
Estate upon Trust for SALE and CONVERSION, and to
pay income to WIFE for life; and after death of Wife
for CHILDREN; Usual powers and provisions.

I, A. B., of, &c. (Commencement of will and appointment of
executors, trustees, and guardians, suprà, p. 534): I GIVE AND
DEVISE my messuage or dwelling-house in which I am now
residing, called together with the pleasure grounds, lands,
gardens, outbuildings, and appurtenances thereunto belonging,
or therewith usually held or enjoyed, and also all that piece and
parcel of land, situate and being -, which I lately purchased
and which is now in the tenure or occupation of
his under-tenants or assigns, unto my trustees, IN TRUST that
if my son F. B. shall be under the age of twenty-one years at
my decease, my trustees shall enter into, and during the minority
of the said F. B. remain in the possession or receipt of the rents
and profits of the said messuage and premises, and manage the
same with power to let the same for any term of years not ex-

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