ap- Apportionment 79. Demise of several Messuages for the purpose portioning an entire Rent reserved on a Lease thereof among the Persons who had severally become Pur- purchasers of 80. Deed of Defeazance by a Lessee and his Mortgagees Defeazance of a 82. Disclaimer by Indorsement on a Settlement by a Disclaimer and 84. Confirmation (by the Person entitled in Default of Confirmation of Appointment) of a doubtful Appointment of a Share in a Sum of Money directed to be raised under the 85. Direction by the Survivor of Husband and Wife, in pursuance of a Power contained in a Settlement, that Part of a Sum directed to be raised for Younger 86. Deed of Request to Trustees to sell settled Estates, Request to trus- 90. Deed of Separation between Husband and Wife. Assignment by the Husband to Trustees for the Wife of certain Property bequeathed to the Wife, and Re- lease to the Trustees of the Will in respect of pre- PRECEDENTS IN CONVEYANCING. WILLS. THE preparation of Wills is one of the draftsman's most difficult tasks, General obser partly from testators being more at liberty to indulge their own caprices than settlors and those who have to deal with other parties; and partly from the circumstance that a will does not take effect from its execution, but must always, to some extent, contemplate as well the existing relations of the testator, as those which may be subsisting at his death. In wills disposing of real estate in the way of strict settlement, precedents are extremely useful; for, the order of limitations being once determined, the precedents give the forms: but in wills of personal estate, except those of the simplest class, the aid derived from precedents is very slight. The draftsman must rely chiefly on his own acuteness and experience, to assure him that he has provided for all the different circumstances which may arise; and that he has so disposed of his entire principal and income, as to leave no room for resulting trusts or conflicting claims. In this view, a very principal object is, that there should be adequate directions for the application or accumulation of the income of all sums given to infant children, and of all sums which may not become absolutely vested immediately upon the testator's death. The draftsman must take heed, too, that he keeps within the limits of the law as to perpetuities, which, if he obeyed the wishes of testators, he would very frequently transgress. Some of the principal points relating to the framing of wills, are noticed in the following pages, and others will be found in the first volume of this work, Art. WILLS; but the student must also have recourse to the larger works on this complicated and important subject. Those of Mr. Jarman (Powell on Devises, by Jarman and Bythewood's Conveyancing by Jarman, vol. 10) possess the highest merit. The valuable work of Mr. Williams on the Law of Executors is also indispensable, and the recent act for the amendment of the laws with respect to wills (1 Vict. c. 26.) must, of course, be kept in view. vations. OF REAL AND PERSONAL ES TATE TO BE CONVERTED INTO MONEY IN TRUST FOR WIDOW AND CHILDREN. I. WILL of REAL and PERSONAL ESTATE. BEQUEST of HOUSEHOLD GOODS and FURNITURE, and Pecuniary LEGACY to the Testator's WIFE. BEQUEST of Pecuniary LEGACIES, one being to the SEPARATE USE of a Woman. GENERAL DEVISE and Bequest of REAL and PERSONAL Estate in TRUST for SALE. THE MONIES arising therefrom (after Payment of Funeral and Testamentary Expenses, Debts, and Legacies) to be INVESTED, and the INCOME paid to the WIFE during her WIDOW HOOD, and, subject thereto, the CAPITAL to be divided among the TESTATOR'S CHILDREN as the WIFE shall APPOINT, and, IN DEFAULT of Appointment, among Sons attaining Twenty-one, and Daughters attaining that Age, or Marrying, equally. HOTCHPOT, ADVANCEMENT, MAINTENANCE, and ACCUMULATION Clauses. BEQUEST in DEFAULT of CHILDREN becoming entitled. POWER of LEASING for Twenty-one Years. RENTS and PROFITS till Sale to go as the Income of the Investments. DEVISE of TRUST and MORTGAGE Estates. APPOINTMENT of GUARDIANS. APPOINTMENT of EXECUTORS, with Power to arrange and compromise. PowER for the EXECUTORS and TRUSTEES to give REPOWER to appoint NEW TRUstees. CLAUSES for the INDEMNITY of the TRUSTEES and the PAYMENT of their EXPENSES. CEIPTS. I, A. B., of &c., do hereby revoke all wills, codicils, and other testamentary dispositions heretofore made by me, and OF REAL AND PERSONAL ES TATE TO BE CONVERTED INTO MONEY WIDOW AND Gift to wife of household goods and fur niture; declare this to be my last will and testament. I GIVE AND BEQUEATH unto my wife C. D., all my pictures, prints, books, plate, linen, china, wines, liquors, provisions, household goods, furniture, horses, carriages, chattels, and effects IN TRUST FOR whatsoever, which, at the time of my death, shall be in, or about, or belonging to, or appropriated for my mansionhouse of, or any other dwelling-house which, at the time of my death, shall be my principal place of residence, and in or about or to or for the stables, coach-houses, outbuildings, gardens, and pleasure-grounds, to such mansionhouse or dwelling-house respectively belonging (a). I GIVE AND BEQUEATH to my said wife the sum of £paid to her within one calendar month after my death, but without interest in the mean time (b). I GIVE AND BE- Gift of a legacy QUEATH to · the sum of £-, to be paid to him within without intercalendar months after my death (c), but without in and of a pe to be cuniary legacy. (a) In the case of a specific legacy of goods at a particular place, the legacy will be adeemed by their removal in the testator's lifetime, (Green v. Symonds, 1 Bro. C. C. 129, n.: Heseltine v. Heseltine, 3 Madd. 276: Colleton v. Garth, 6 Sim. 19: unless perhaps they were removed to preserve them, as from the house taking fire, (Chapman v. Hart, 1 Ves. sen. 271, 273); or where they are removed by fraud, or without the testator's knowledge or authority, (Shaftesbury v. Shaftesbury, 2 Vern. 747); or where the locality is only referred to by way of identification, as of certain specified goods in a ship; (Chapman v. Hart, ubi supra). And where a testator gave all his plate and linen in his house in S., (his town house), and he had but one set, which was usually removed with him from his town to his country house, and vice versâ; and at the time of his death was in his country house, it was held that the legacy was not adeemed. (Land v. Devaynes, 4 Bro. C. C. 537. See, ton, Douglas v. Congreve, 1 Keen, 410). (b) The object of this legacy is to provide the wife with the means of defraying her immediate expenses, as the annual income afterwards provided for her will not probably be available for some time after the testator's death. (c) Legacies are generally payable at the end of a year from the testator's death; and even if an earlier payment be directed by the testator, the executor cannot be compelled to make it, as he is entitled to take the twelvemonth to ascertain the state of the property. (Wood v. Penoyre, 13 Ves. 333, 334: Pearson v. Pearson, 1 Scho. & Lef. 11, 12: Benson v. Maude, 6 Madd. 15: Brooke v. Lewis, 6 Madd. 358; Williams on est; Ademption of specific legacies of goods by removal. Time of payment of lega cies. |