WILLS.

No. XXI.

Will devising
Freehold
Estates

9. AND all the rest, residue and remainder of my real and personal estate, not hereinbefore disposed of, I GIVE, DEVISE AND BEQUEATH unto my said three sons, (A. B.), (C. B.), and (D. B.), TO HOLD unto and to the use of them, their heirs, executors and administrators, according to the nature and quality o the said premises, in equal shares as tenants in common for their own absolute use and benefit. [ADD appointment of executors, and Gifts of residue clause of revocation, ut ante, No. I., clauses 12, 13, p. 639.]

to Testator's

Eldest Son to

Uses to bar

Dower.

between

testator's three

sons in equal

shares.

IN WITNESS, &c.

fund to dis

debts.

for the payment of debts of every kind (Cope v. Cope, 2 Salk. 449), so that even charge mortgage a direction from the testator to sell or mortgage his real estate for the payment of his debts and legacies would have been insufficient to exonerate the personal estate from its primary liability. But important alterations have been recently made in the law regulating the administration of the real and personal assets c Alterations in deceased persons by the act 17 Vict. c. 113, by which it is enacted that when any the law effected person shall after the close of the current year (1854) die seised of any estate by recent interest in lands or other hereditaments which is at the time of his death charged enactments. with the payment of any sum of money by way of mortgage, and such person shall not by his will or deed have signified a contrary intention, the heir r devisee shall not be entitled to have the mortgage debt discharged or satisfied out of the personal estate, or any other real estate of such person, but the lands or hereditaments so charged shall, as between the different persons claiming through or under the deceased person, be primarily liable to the payment of the mortgage debt with which the same shall be charged, and every part there, according to its value, bearing a proportionate charge of the mortgage debts charged upon the whole; but nothing in the act is to affect or diminish aty right of the mortgagee on such lands to obtain full payment of his mortgage debt either out of the personal estate of the deceased or otherwise; neither are the rights of any person claiming under a deed or will already made at or before the first day of January, 1855, to be affected by this act; and to which, therefore the pre-existing law, still remains applicable.

No. XXII.

ILL, BY WHICH TESTATOR, AFTER GIVING DIRECTIONS ABOUT HIS FUNERAL, RATIFIES HIS MARRIAGE SETTLEMENT, GIVES TO HIS WIFE THE USE OF HIS MANSION AND HOUSEHOLD FURNITURE, PLATE, JEWELS, &c., DURING WIDOWHOOD, AFTER WHICH THE HOUSEHOLD FURNITURE IS TO GO TO HIS ELDEST SON, AND THE JEWELS, &c. TO BE EQUALLY DIVIDED AMONGST HIS DAUGHTERS.— ALSO ABSOLUTE BEQUEST TO WIFE OF THE FURNITURE OF HER BED-CHAMBER, AND OF A CARRIAGE AND A PAIR OF HORSES; ALSO OF HOUSEKEEPING PROVISIONS, FUEL, AND FODDER, AND OF ALL HER WEARING APPAREL AND LINEN, AND ALSO OF ALL THE TESTATOR'S READY MONEY.

ALSO BEQUEST OF ALL OTHER THE TESTATOR'S HORSES, CARRIAGES, &c. TO HIS ELDEST SON. OF HIS FOWLING PIECES, SPORTING DOGS, FISHING TACKLE, &c., TO HIS SECOND SON, WITH THE OPTION OF SELECTING ANY TWO SPORTING DOGS FROM TESTATOR'S KENNELS, ALSO BEQUEST OF SIX DOZEN OF WINE TO A FRIEND, THE REST TO GO TO HIS ELDEST SON. ALSO BEQUEST OF A CABINET OF CURIOSITIES; OF WEARING APPAREL TO A SERVANT. RELEASE OF A DEBT ON A PROMISSORY NOTE, AND ALSO OF A DEBT ON BOND. BEQUEST OF A LEGACY TO A CREDITOR, WITH A DECLARATION THAT IT SHALL NOT BE CONSIDERED A SATISFACTION OF THE DEBT. BEQUEST OF ONE YEAR'S WAGES AND A SUIT OF MOURNING EACH TO SERVANTS, AND OF MOURNING TO FRIENDS. ALSO BEQUEST OF 1,000l. TO YOUNGER SONS, AND OF 750l. TO DAUGHTERS IN ADDITION TO THE PORTIONS SECURED TO THEM BY TESTATOR'S MARRIAGE SETTLEMENT. BEQUEST OF ALL TESTATOR'S LEASEHOLDS TO HIS ELDEST SON. APPOINTMENT OF TRUSTEES AND EXECUTORS, WITH LEGACIES OF 2001. EACH FOR THEIR TROUBLE. BEQUEST OF RESIDUE AMONGST ALL TESTATOR'S CHILDREN IN EQUAL SHARES, AND APPOINTMENT OF WIDOW, DURING WIDOWHOOD, TO THE GUARDIANSHIP OF HER CHILDREN.

2. Testator confirms his marriage 16. Bequest of six dozen of w settlement, whereby a rentcharge of 1,000l. is granted to his wife.

[COMMENCE will, ut ante, No. I., clause 1, p. 632.]

1. I DIRECT that I may be buried in my family vault, in the parish church of St. in the county of N——, and that my funeral may be conducted with as much privacy as possible.

2. I HEREBY RATIFY AND CONFIRM the settlement made by

WILLS.

No. XXII.

ne upon my marriage with my present wife, whereby she is enitled to the annual sum of 1,000l. for the term of her life in case she shall happen to survive me, charged upon certain of my real will, by which estates in such settlement mentioned.

Testator gives to Wife use of Mansion, &c. during Widowhood, fc.

marriage settle

3. I ALSO GIVE AND BEQUEATH unto my said wife the use and enjoyment of my said capital mansion house at —— during the term of her natural life, if she shall so long continue my widow, ment, whereby she paying the rates and taxes for the same, and at her own proper 1,000l. is costs and charges keeping the said premises in good and tenantable wife. repair..

a rent-charge of

granted to his

Bequest of use of mansionhouse to

during widow

4. I ALSO GIVE unto my said wife, all the household furniture testator's wife and effects which, at the time of my decease, shall be used or hood, she paying employed by her in her bed-chamber, at my said mansion at for her absolute use.

the rates and

taxes, and

keeping the premises in

repair.

furniture.

Bequest of

furniture, plate,

wife during

after the deter

household

5. I ALSO GIVE unto my said wife the use of all the household Absolute bequest to wife furniture and effects which shall be in or about my mansion house of her bedroom at - at the time of my decease; and also the use of all my plate and plated ware, household linen, jewels, jewellery, necklaces, brace- household lets, rings, trinkets, and ornaments of the person (excepting my jewels, pictures, gold watch, with the appendages hereinafter mentioned), and also &c., to testator's of all my books, pictures, drawings and prints, during the term of widowhood, and her life, if she shall so long continue my widow; and after her mination of her interest, the decease, or marriage, THEN as to my said household furniture and effects, plate and plated ware, household linen, books, pictures, furniture, plate, drawings and prints, I GIVE AND BEQUEATH the same unto my testator's eldest eldest son (C. B.), if he shall be living at the time of the decease or future marriage of my said wife; but in case he shall be then dead, then I GIVE AND BEQUEATH the said furniture and effects so bequeathed to him, unto and amongst such of his children as shall be then living, in equal shares, and to be divided and apportioned between them, if more than one, at such time, and in such manner as the trustees or trustee for the time being of my will shall in their or his discretion think fit.

and pictures to

son.

6. AND AS TO my said jewels, necklaces, bracelets, rings, Jewels, trinkets, &c., to be trinkets, and ornaments of the person, I GIVE AND BEQUEATH equally divided

WILIS.

the same unto and amongst such of my daughters as shall be liviz No. XXII. at the time of the decease or future marriage of my said wife, t Will, by which be equally divided amongst them, if more than one, in such proporTestator gives tions as my said trustees or trustee for the time being shall consider of Mansion, d'c. to be as nearly equal in value as possible; such division to be Widowhood, fc. made by my said trustees or trustee for the time being as soon as conveniently may be after the decease or future marriage of my said wife.

to Wife use

during

amongst testator's daughters.

Wife to sign an inventory.

Bequest to wife of a carriage and pair of horses.

Of housekeeping provisions,

Parties taking
limited interests
in movables
may be com-
pelled to sign
an inventory.

7. AND I HEREBY DIRECT, that as soon as conveniently may be after my decease, my said trustees or trustee for the time being shall cause a correct inventory to be taken of all the aforesaid articles, the use whereof is so bequeathed to my said wife during her widowhood as aforesaid, and shall cause two copies of such inventory to be made; each of which copies shall be signed by my said wife, and by my said trustees or trustee, of which my said wife shall keep one copy, and my said trustees or trustee the other copy. (a) AND I HEREBY DIRECT AND DECLARE, that after the delivery of such inventory as aforesaid, my said trustees or truste for the time being shall be exonerated from all responsibility with respect to the custody of the articles specified in such inventory, until they or he shall receive actual notice of the death or future marriage of my said wife.

8. I ALSO GIVE AND BEQUEATH unto my said wife, my carriage or coach, with the harness and all other accoutrements belonging thereto; and also the pair of horses used for drawing the same; or such other carriage or coach, harness or accoutrements thereunto belonging, or pair of horses usually employed for drawing the same, of which I shall or may be possessed at the time of my decease.

9. I ALSO GIVE AND BEQUEATH unto my said wife, all the

(a) It is always prudent, although not actually necessary, to direct that | persons taking a limited interest in property of this kind should sign an inven tory, but if such a direction be omitted, the Court of Chancery will order such inventory to be prepared and signed accordingly, which may be kept either by the person next entitled in succession, or deposited in the Master's office; but the party taking such limited interest cannot, it seems, be compelled to give security for the preservation of such articles: (Bill v. Kynaston, 2 Atk. 81; Slanning v. Style, 3 P. Wms. 335; Conduitt v. Stone, 1 Coll. 285.)