WILLS. any timber or other trees, pollards, coppices, and underwoods (except ornamental timber), then standing or growing upon the No. XLI. said hereditaments and premises, or any part thereof, as (inclusive Concise Forms of bark) will not exceed the annual sum or value of £ his own use and benefit. , for of various kinds of Powers adapted to Settlements of Real Estate. if any Tenant for life timber in any one year beyond a specified value to be deemed guilty of waste. 23. AND I DO HEREBY FURTHER DECLARE, that person hereby made tenant for life shall fell, cut down, sell or cutting down dispose of all and every the said timber trees, pollards, coppices, or underwoods,(g) or shall in any one year fell or cut down a larger quantity thereof than will amount to the annual sum or value of £ THEN all and every such felling or cutting down. or excess shall be deemed and accounted as an act of waste, and the person or persons committing the same shall thereby become liable to all the penalties which persons committing waste are liable to at law or in equity. ALWAYS, AND I DO HEREBY FURTHER Power to cut down timber for 24. PROVIDED DIRECT AND DECLARE, that it shall be lawful for every person the purpose of hereby made tenant for life of my said hereditaments and building or pre- repairs. mises hereinbefore devised, or beneficially entitled to the rents and profits thereof, who shall be of the full age of twenty-one years, with the consent in writing of the said (trustees); or the survivor of them, his executors or administrators, or other the trustees or trustee for the time being of this my will, and for such trustees or trustee, at their or his own discretion, during the minority or respective minorities of any person or persons who by virtue of this my will shall be entitled to the possession of the same hereditaments and premises, or to the rents and profits thereof, to fell and cut down all such timber and other trees then standing or growing in or upon such hereditaments and premises, or in or upon any part thereof, as he or they may consider necessary, for the purpose of building, rebuilding, repairing or amending all or any part of the mansion house, messuages, farm (9) If the consent of the trustees is to be required, insert— "without such consent of my said trustees or trustee for the time being as aforesaid;" WILLS. No. XLI. Concise Forms houses, and any other erections and buildings, now standing a hereafter to be erected and built in or upon any part of the said hereditaments and premises, TO THE INTENT that all and every of various kinds such erections and buildings as aforesaid may from time to time, of Powers and at all times, be kept in good, proper substantial and tenantable repair. adapted to Settlements of Real Estate. Power to sell timber for the purpose of repairs and building. Power for trustees to cut down timber during 25. AND I DO HEREBY FURTHER AUTHORIZE AND EMPOWER the person or persons entrusted with this present power, to sell and dispose of the said timber which shall be so felled or cut down as aforesaid, or any part thereof, as he or they may think proper, to any person or persons who shall be willing to purchase the same, and to apply the moneys arising from such sale in or towards such buildings, rebuildings, reparations or amendments as aforesaid; AND I DO HEREBY MOREOVER DECLARE, that if the said timber so felled and cut down, or the moneys so arising from the sale thereof as aforesaid, shall not be applied in or towards such buildings, reparations and amendments, then such felling and cutting down shall be deemed and accounted as waste, and be punishable accordingly. PROVIDED NEVERTHELESS, that no purchaser of the said timber shall be in anywise prejudiced by the misapplication of such purchase-moneys, or be in anywise bound to see to the application thereof. 26. PROVIDED ALWAYS, AND I DO HEREBY FURTHER DIRECT AND DECLARE, that it shall be lawful for the said (trustees), and minorities, for the survivor of them, his executors or administrators, during the the purpose of minority or respective minorities of any person or persons who, discharging incumbrances. by virtue of the limitations herein contained, shall be entitled to the said hereditaments and premises hereinbefore devised for an estate for life, or in tail male or in tail, to fell and cut down any timber and other trees, pollards, coppices and underwoods then standing or growing in or upon the said hereditaments and premises, or any part thereof, as shall be of sufficient growth and maturity, or in a state of decay, or which ought to be cut down for the improvement of timber or other trees, and to sell and dispose of such timber so felled and cut down as aforesaid for the best price that can be reasonably obtained for the same, and shall apply the proceeds of such sale in discharge of any incumbrances Any surplus moneys to be invested in lands to be settled to the prior uses. 1 WILLS. No. XLI. Concise Forms of Powers alapted to Settlements of Real Estate. which, at the time of my decease, shall or may affect my said lands and hereditaments herein before devised, or any part thereof, and to lay out and invest the surplus moneys in the purchase of freehold (h) hereditaments and premises, to be situate in England of various kinds or Wales, but not in Ireland; and shall convey, settle and assure, or cause to be conveyed, settled and assured, the said hereditaments and premises so to be purchased, to such and the same uses, upon such and the same trusts, and with, under and subject to such and the same powers, provisoes, charges, declarations and agreements as by this my will are expressed and contained concerning my said lands and hereditaments hereinbefore devised, or as near thereto as the death of parties and other circumstances will then permit. [ADD clause for investment until an eligible purchase can be found, ut ante, clause 17, p. 872.] 27. PROVIDED ALSO, AND I DO HEREBY AUTHORIZE AND Power to appoint (h) If the power to purchase is to include copyhold and leasehold premises, substitute for the remainder of the above clause "or copyhold or customary hereditaments and premises, or upon renewable leases for years or lives, or years determinable upon lives, or for an absolute unexpired term of not less than ninety years, such premises to be situate in England or Wales, but not in Ireland; and shall convey, settle and assure, or cause to be conveyed, settled and assured, the said freehold, copyhold or customary hereditaments and premises, and leasehold estates so to be purchased as aforesaid, to such and the same uses, upon such and the same trusts, and with, under and subject to the same powers, provisoes, charges, declarations and agreements as are hereinbefore limited and declared of and concerning the said hereditaments and premises hereinbefore devised, or as near thereto as the different tenures and qualities of the respective properties, the death of parties, and other intervening circumstances will then permit: but so, nevertheless, that any leasehold estates which shall be so purchased as aforesaid shall be subject to the payment of all fines and other incidental expenses incurred in each renewal of any lease thereof, which I hereby direct shall be wholly discharged out of the rents and profits of the same premises." WILLS. of Powers EMPOWER the trustees or trustee for the time being of this my No. XLI. will, from time to time, or at any time during the continuance of Concise Forms the trusts hereby declared, at their or his own discretion, to appoint of various kinds stewards, bailiffs, agents or receivers, for the purpose of aiding and assisting my said trustees or trustee in carrying out the execution of such trusts; and to allow such stewards, bailiffs, agents or receivers such salaries or other compensation for their services as my bailiffs, agents said trustees may consider proper, and also with power to revoke such appointments whenever they or he may think fit so to do. adapted to Settlements of Real Estate. stewards, and receivers. No. XLII. VILL, LIMITING LEGAL ESTATES TO EACH OF TESTATOR'S Of the several species of (a) An estate tail is distinguishable from a fee simple estate by being limited Estates tail, how to the lineal descendants only, to the utter exclusion of all collateral heirs. distinguishable Estates tail are either general or special. An estate tail general, is where lands from estates in are limited to a man and the heirs of his body, in which case all his issue, and fee simple. by whatever marriage, will become entitled in the successive order by which estates tail are descendible. An estate tail special, is where the gift, instead of embracing all the lineal heirs, is restained to certain specified heirs, of the donee's body; as, if lands are given to a man and the heirs of his body, by some particular woman, as his then present wife for instance, in which case no issue but such as shall be engendered between them, will be capable of inheriting; differing therefore from an estate tail general, under which, how often soever such donee in tail is married, his issue in general, by all and every such marriage, is, in successive order, capable of inheriting the estate per forman doni: (Litt. 14, 15; 2 Bla. Com. 112, 113.) estates tail. |