No. XXVI. WILL by a TENANT FOR LIFE in REMAINDER of SETTLED WILL IN EXERCISE OF POWERS TO JOINTURE AND CHARGE WITH PORTIONS. ment. testator's father, and has several THIS IS THE LAST WILL AND TESTAMENT of me, CommenceA. B., of, &c.: WHEREAS my late father, X. B., Esq., deceased, Recite will of by his will dated, &c. (Recite will of testator's father devising freehold estates to his eldest son Y. B. for life, with remainder to that testator Y. B.'s first and other sons in tail male, with remainder to his children. second son (the present testator) for life, with remainder to his first and other sons in tail male, with divers remainders over. Power to each tenant for life to jointure and charge with portions and maintenance for younger children in the usual form): AND WHEREAS my elder brother Y. B. is living, but he has no issue: AND WHEREAS I have several children by C. B. my wife, all of whom are infants: AND WHEREAS I am desirous of exercising the several powers of jointuring my wife and of charging with portions and maintenance for my younger children given to me by my father's said will as aforesaid in the manner hereinafter expressed, and I am also desirous of disposing of my own estate and effects in the manner hereinafter expressed: Now I HEREBY REVOKE all former wills and testamentary appointments and dispositions made by me, and declare as follows: power jointure to his 1. In exercise and execution of the power for this purpose Testator in given to me by my father's said will as aforesaid, and of all other exercise of powers (if any) me hereunto enabling, I HEREBY APPOINT unto appoints a my said wife a yearly rent-charge of £500 to be charged upon wife. and payable out of all and singular the hereditaments devised in strict settlement by my father's said will aforesaid, and to commence from my decease or from the decease and failure of issue male of the said Y. B. (which shall last happen), the said yearly rent-charge to be paid by equal quarterly payments, the first of such payments to be made on the expiration of three calendar months after the time hereby appointed for the commencement of the said rent-charge, &c. WILL IN EXERCISE OF POWERS TO JOINTURE AND CHARGE WITH PORTIONS. Testator, in exercise of settled estates 2. In exercise and execution of the power for this purpose given to me by my father's said will as aforesaid, and of all other powers (if any) me hereunto enabling, I HEREBY CHARGE all and singular the hereditaments devised in strict settlement by my father's said will with the sum of £15,000 for the portions power, charges of such of my younger children as being sons shall attain the with portions. age of twenty-one years, or being daughters shall attain that age or marry, in equal shares, and for this purpose the expression 66 younger children "shall be construed to mean and include every daughter of mine, and also every son not being at his birth or becoming during his minority an eldest or only son entitled to the said hereditaments for an estate tail in possession or in remainder immediately expectant on some estate prior in order of limitation to my life estate: AND I DECLARE that if any son of mine being an eldest or only son, when he attains the age of twenty-one years, shall afterwards die before his estate tail under my father's said will falls into possession, and without having disentailed the said hereditaments or any part thereof, with the consent of the said Y. B. as the protector of the settlement, such son shall also be deemed a younger son for the purpose of this charge (a) PROVIDED ALWAYS that if only one younger child of mine being a son shall attain the age of twenty-one years, or being a daughter shall attain that age or marry, such child shall have the sum of £5,000 only for his or her portion, and if two younger children of mine and no more 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, such two children shall have between them the sum of £8,000 only for their portions, and if three younger children of mine and no more 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, such three children shall have between them the sum of £12,000 and no more for their portions, AND in either of the aforesaid cases the said sum of £15,000 shall be reduced to an amount sufficient to provide the said sum of £5,000, £8,000, or £12,000 as the case may be required for such portion or portions, together with such sum or sums of money (if any) as may be applied for the benefit of a son or sons who shall not live to attain a portion or portions (a) See Notes at pp. 346, 365, suprà. under the power of advancement hereinafter contained, and the difference between the said sum of £15,000 and such reduced amount shall sink into the said hereditaments and cease to be charged thereon. WILL IN EXERCISE OF POWERS TO JOINTURE AND CHARGE WITH PORTIONS. settled estates a term of 500 years. to raise money of younger 3. In exercise of the power for this purpose given to me by Testator limits my father's said will as aforesaid, and of all other powers (if to trustees for any) me hereunto enabling, I HEREBY APPOINT that (subject and without prejudice to the uses and estates preceding my estate for life under my father's said will and to the powers annexed to such preceding uses and estates, and to the uses and estates limited in exercise of such powers, and subject and without prejudice also to the yearly rent-charge hereinbefore limited to my said wife and to the said powers and remedies for enforcing payment thereof) all and singular the hereditaments devised in strict settlement by my father's said will shall go, remain, and be To THE USE of C. D., of, &c., and E. F., of, &c., for the term of five hundred years, computed from my decease, without impeachment of waste, UPON TRUST that the said trustees shall Further trust (subject to the trusts herein before declared for securing the pay- for portions ment of the said yearly rent-charge), by mortgage, or other children. disposition of the said hereditaments, or any part thereof, for all or any part of the said term, or by and out of the rents and profits thereof, or by any other reasonable ways or means, levy and raise such sum of money as under the foregoing charge in that behalf shall become payable for a portion or portions as aforesaid, at the time or respective times when the same shall so become payable, and shall pay and apply the moneys to be so raised accordingly: PROVIDED ALWAYS, that it shall be lawful for Advancement the said trustees at any time or times after my decease, or the decease and failure of issue male of the said Y. B. (which shall last happen), at the discretion of the said trustees, to raise by the ways and means aforesaid, or any of them, any part or parts not exceeding together the moiety of the vested or expectant portion of any child under the foregoing charge, and to apply the same for the advancement, preferment, or benefit of such child, in such manner as the said trustees shall think fit: AND UPON FURTHER Further trust to raise annual TRUST that in case at my decease or at the decease and failure of issue male of the said Y. B. (which shall last happen), any child of mine entitled for the time being in expectancy to a portion under the trust aforesaid, shall be under the age of twenty-one portions. clause. sum for mainchildren tenance of entitled to expectant WILL IN EXERCISE OF POWERS TO JOINTURE AND CHARGE WITH PORTIONS. Further trust to raise costs and expenses, and to pay surplus rents to reversioner. Bequest of legacies. Bequest of residue to wife. Appointment of executors years, then and in such case the trustees of the said term shall thenceforth during the minority of each such child by some or one of the ways and means aforesaid, levy and raise such annual sum as the said trustees shall think fit, not exceeding interest after the rate of £4 per cent. per annum on the amount of his or her expectant portion under the trusts aforesaid, and shall apply the same annual sum for or towards the maintenance and education of such child, in such manner as the said trustees or trustee shall think fit, with liberty for the said trustees to pay the same annual sum to the guardian or any of the guardians of such child for the purpose aforesaid, without being liable to see to the application thereof: AND UPON FURTHER TRUST that so long as any portion which shall for the time have become payable shall remain unpaid, the trustees, &c. (trust to raise interest on unpaid portions, suprà, p. 594): AND UPON FURTHER TRUST that the said trustees do and shall by some or one of the ways and means aforesaid, levy and raise such sum or sums of money as shall be sufficient for payment of the costs and expenses incurred by them or him in or about the execution of the trusts of the said term, and shall pay and apply the moneys to be so raised in payment of such costs and expenses accordingly: AND (subject to the trusts herein before declared) do and shall permit the rents and profits of the said hereditaments, or so much thereof as shall not be required for any of the purposes aforesaid, to be received by the person or persons entitled for the time being to the said hereditaments, in reversion or remainder immediately expectant on the said term. 4. I BEQUEATH the following legacies (that is to say) (Bequest of legacies). 5. I GIVE, DEVISE, AND BEQUEATH all the rest, residue, and remainder of my property, whether real or personal, unto my said wife absolutely. 6. I APPOINT my said wife and the said C. D. and E. F. execuand guardians. trix and executors of this my will: AND I APPOINT my said wife during her life, and after her decease the said C. D. and E. F. and the survivor of them, the guardian and guardians of my infant children. IN WITNESS, &c. No. XXVII. CODICIL appointing a TRUSTEE and EXECUTOR in the CODICIL APPOINTING place of a DECEASED TRUSTEE and EXECUTOR appointed NEW TRUSTEE by the TESTATOR'S WILL. : THIS IS A CODICIL TO THE LAST WILL AND TESTAMENT of IN WITNESS, &c. IN PLACE OF TRUSTEE. No. XXVIII. CODICIL revoking the Appointment of ONE of the TRUSTEES THIS IS A CODICIL, &c. (see suprà): WHEREAS by my said VOL. II. R R CODICIL REVOKING APPOINTMENT OF TRUSTEE AND APPOINTING NEW ONE. |