WILLS. No. XII. Will, by which or future marriage, I direct that the said annuity shall fall into, and become part of, my residuary estate. 2. AND AS TO, FOR AND CONCERNING the rest, residue and remainder of my stock, funds, and securities, my will is, that my Personal Estate said trustees or trustee for the time being shall stand and be possessed thereof, out of his to his Widow, fc. As to residue of trust moneys. Upon trust for all testator's children, who, being sons, shall attain twenty-one, or being daughters, shall attain that age or marry; but daughters' shares to be settled to their separate use for life only. Power for daughters to appoint in 3. UPON TRUST for all and every my present and future born children, who, being a son or sons, shall attain the age of twentyone years, or who, being a daughter or daughters, shall attain that age or marry, in equal shares as tenants in common; the share or shares of such of my said children as shall be a son or sons to become absolutely vested in him or them or his or their attaining the said age of twenty-one years; but with respect to the share or respective shares of such of my said children as shall be a daughter or daughters, the same to be for her or their sole and separate use, free from the debts, engagements or control of any husband or husbands, and without power of anticipating or disposing of the income or capital thereof, except in favour of the issue of such daughter or daughters respectively, or by will, as hereinafter mentioned. AND after the decease of each of my said daughters respectively, 4. UPON TRUST for all and every such one or more of her or their children or issue, in such shares, if more than one, and to be the growing payments thereof, by four equal quarterly payments on the several days herein before mentioned for payment of her original annuity, together with a proportionate part of the last-mentioned annuity up to and including the day of her death; the first quarterly payment of such reduced annuity to be made on such of the said quarterly days of payment as shall first happen after her said second marriage, and shall be proportioned to the time which shall have elapsed from such second marriage to the first time of payment of such reduced annuity; AND all the residue of such interest, dividends and annual produce as shall not be applied in payment of such annuities respectively, shall fall into and form part of my residuary estate. WILLS. No. XII. a Testator bequeaths an Annuity vested and payable at such ages, days and times, and with such provisions for maintenance and advancement, and in such manner in all respects, as either of my said daughters, or daughter, shall Will, by which from time to time, and whether covert or ole, by deed or will appoint; and in default of such appointment (but subject nevertheless to the power of appointment by will in favour of any Personal Estate husband or husbands of any of my said daughters, respectively as hereinafter mentioned), out of his to his Widow, &c. favour of their children or issue. Upon trust to vest at twenty-one, and 5. UPON TRUST for all and every the child and children of my said daughters or daughter respectively, who being a son or sons, shall attain the age of twenty-one years, or who, being a daughter shares of sons or daughters, shall attain that age or marry, in equal shares as tenants in common. [INSERT proviso in case of any of testator's of daughters children dying in his lifetime leaving issue, ut ante, No. VI., clause or marriage. 19, p. 658.] at twenty-one daughters to go over to 6. PROVIDED ALWAYS, that in case any of my said daughters Shares of shall die without leaving any child, children or issue living at the dying without time of her decease, THEN (subject to the power of appointment leaving issue in favour of the husband of such daughter so dying), the share survivors. intended for the children or issue of such deceased daughter shall be held upon the same trusts for the benefit of my surviving daughters or daughter and their or her children or issue, as are herein before declared concerning their other shares of and in my said trust moneys, stocks, funds and securities. clause. 7. PROVIDED ALWAYS, that no child, children, or other issue Hotchpot of any daughters or daughter of mine, taking under any appointment made to him, her or them respectively, in exercise of any of the powers aforesaid, shall be entitled to any part or share of and in my said trust moneys, stocks, funds and securities, without bringing his, her or their appointed share or shares into hotchpot and accounting for the same accordingly. maintenance. 8. PROVIDED ALSO, AND I HEREBY FURTHER DIRECT, that Provisions for in case of any daughter or daughters of mine shall die leaving any child or children, who, being a son or sons, shall be under the age of twenty-one years, or who being a daughter or daughters, shall WILLS. No. XII. a Testator out of his to his Widow, &c. be under that age and unmarried, it shall be lawful for my said trustees or trustee for the time being (but without prejudice to Will, by which any appointments which may have been made in exercise of any of the powers herein contained), to pay such part of the yearly bequeaths an Annuity income arising from the presumptive shares of such child or Personal Estate children, as my said trustees or trustee shall think fit, towards their maintenance and education, and shall apply the surplus, if any, in augmentation of the share or shares from which the same shall have arisen; and I hereby authorize my said trustees or trustee, if they or he shall think proper so to do, to pay the moneys for such maintenance and education to the father of any such children, if he shall be then living, without any regard as to the ability of such father to defray the expenses of maintenance and education of his said children, or otherwise. Power of advancement. Power for daughters to appoint life respective husbands. 9. AND I HEREBY FURTHER AUTHORIZE AND EMPOWER my said trustees or trustee for the time being, with the consent of the parents or surviving parent of the child or children of any daughters or daughter of mine during the lives or life of such parents or parent, and after the decease of the survivor of them, at the discretion of my said trustees or trustee, to advance any sum or sums of money not exceeding in the whole one-third part of the capital of the presumptive share or shares of such child or children, for the purpose of placing him, her or them in or to any profession, trade, business or employment, or advancement in the world. 10. PROVIDED ALWAYS, AND MY WILL IS, AND I MOREOVER DIRECT, that, notwithstanding the trusts hereinbefore declared, it estate to their shall be lawful for any daughters or daughter of mine, and notwithstanding her coverture, by her last will, or any codicil or codicils annexed thereto, or any writing under her hand expressed to be her will or codicil, and executed and attested as such, to appoint after her or their decease to their respective husbands or husband, and subject to such restrictions as my said daughters or daughter respectively may think proper, the whole or any part of the annual income of the share to which such daughters or daughter respectively shall be entitled to, of and in the said trust moneys, stocks, funds and securities, so limited to the separate use WILLS. No. XII. a Testator bequeaths an Annuity of such daughters or daughter respectively, under or by virtue of the trusts aforesaid. [ADD receipt clause and power to give receipts, and change trustees, ut ante, No. VIII., clauses 6, 7, pp. 664, 665; will, by which ALSO CLAUSE appointing wife guardian of children during her widowhood, and after her decease or future marriage, the trustees to be guardians; AS ALSO the appointment of wife and trustees as Personal Estate executrix and executors, and clause of revocation, ut ante, No. VI., clauses 23, 24, 25, pp. 659, 660, 661.] IN WITNESS, &c. out of his to his Widow, &c. No. XIII. WILL OF A MARRIED WOMAN, WHO, UNDER A POWER OF 1. Commencement. 2. Recital of will bequeathing the 4. That she has not exercised br power. 5. Appointment of life estate to husband. 3. That testatrix, as one of testator's Commencement. Recital of will bequeathing the trust moneys and creating the power. 1. THIS IS THE LAST AND ONLY WILL OF ME (testatrix), the wife of (husband), of, &c. day of 2. WHEREAS my late father (testator), late of, &c., deceased, by his last will, dated the and proved by his executors therein named, in the Prerogative Court of the Arche bishop of Canterbury, on the day of , after bequeathing certain moneys to his trustees therein named, declared that they should stand possessed of the same UPON TRUST for the sole and separate use of each of his daughters during their respective lives and after the decease of each daughter respectively, UPON TRUS for her children or other issue, in such shares and proportions she should by deed or will, and whether covert or sole, appoint; an in default of such appointment UPON TRUST for all the children |