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PART TWO

FORMS AND PRECEDENTS FOR PREPARATION

AND CONTEST OF WILLS

I. Preparation of Wills.

No. 1. COMMENCEMENT OF WILL...

(a) Long form...

(b) Short form...

No. 2. TESTIMONIUM CLAUSE, INCLUDING SIGNATURE....

PAGE

2669

2669

2670

2670

(a) Testator signing his own name: Long form. 2671 (b) Testator signing his own name: Short form 2671 (c) Testator signing by mark......

(d) Testator's name signed by another......

No. 3. ATTESTATION CLAUSE...

2671

2672

2672

(a) Where testator signs in presence of witnesses 2672 (b) Acknowledgment of signature: Witnesses

not present at signing by testator....... 2673

(c) Testator signing by mark..........

2674

(d) Testator's name signed by another........ 2674 (e) Alterations, interlineations, additions and

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(b) Annuity charged upon specific personalty.. 2684 (c) Annuity charged upon specific realty...... 2685 (d) Directing executor to purchase annuity..... 2685 (e) Legacy for purchase of annuity.....

No. 12. RESIDUARY LEGACIES AND DEVISES...

(a) General residuary clause.

(b) Residuary legacy..

(c) Residuary devise..

No. 13. CUMULATIVE LEGACIES.

2685

2686

2686

2686

2687

2687

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No. 15. DEVISES AND BEQUESTS OF MORTGAGED PROPERTY... 2688

(a) Subject to the mortgage debt.......... 2688

(b) Mortgaged property exonerated from the

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(c) Directions as to specific legacies and devises. 2695

No. 19. PROVISIONS TO PREVENT LAPSE..

2695

(a) Should beneficiary die before testator..... 2696 (b) Gift upon condition.....

2696.

(c) Gift dependent upon contingency....

2696

(d) Object of gift failing...

2696

No. 20. WORDS DESCRIPTIVE OF CLASSES OF BENEFICIARIES.. 2697

(a) "Children" and "issue"..

2697

(b) "Heirs"

....

2698

(c) "Next of kin," "relations" or "legal repre

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(h) To a class: Designating date when members

of class are to be determined.....

No. 21. WORDS OF SURVIVORSHIP..

(a) Direct gift......

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(b) Gift preceded by a life estate.....

(c) Gift to named beneficiaries or survivors.... 2701

(d) Gift to named beneficiaries, their issue and

.. 2700

. 2700

2701

.. 2701

survivors

2702

(e) Gift to children and issue of deceased chil

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(a) Devise for life with remainder over.... ... 2707 (b) Gifts of rents, issues and profits, or the use,

of land.....

2707

(c) Gift of a home, with provision as to taxes... 2707 (d) Life estate coupled with limited power of

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(e) Life estate in personalty with power to sell

and reinvest proceeds..

2707

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(f) Life estate in realty with power to sell and

reinvest proceeds...

2709

(g) Life estate with power of appointment by

will

2709

....

No. 26. VESTED AND CONTINGENT INTERESTS...

2710

(a) Interest contingent upon surviving life ten-
ant ...

2711

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(d) Interest vesting at testator's death........ 2712 (e) Contingency coupled with gift of income... 2712

No. 27. ESTATES IN REMAINDER, VESTED AND CONTINGENT.. 2713 (a) Vested remainder....

2714

(b) Contingent remainder: Uncertainty as to
the event.....

2714

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(b) Devise in fee with limitation over upon fail

ure of issue.

2715

(c) Devise in fee with limitation over if first
taker dies under a certain age, or unmar-

ried ....

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... 2715

(d) No precedent estate to support devise..... 2716

No. 29. GIFTS UPON CONDITION AND LIMITATION.......... 2716 (a) Gift on condition that beneficiary support

others....

(b) Support of one charged against land devised

2717

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(c) Gift of business on condition that beneficiary
continue same. . . . . . .

..... 2717

2717

(d) Condition requiring residence at a certain

place

2718

(e) Gift contingent upon habits of life........ 2719 (f) Gift requiring pursuit of certain line of

study...

No. 30. PROVISIONS REGARDING MARRIAGE, DIVORCE AND SEP

2719

ARATION

2720

(a) Gift failing upon marriage of beneficiary.. 2721
(b) Determinable life estate: Until marriage... 2721
(c) Gift effective only during widowhood.....
(d) Gift contingent upon beneficiary marrying
only with consent of trustee..

2722

(e) Gift of income, principal to pass only upon

death or legal separation....

2723

(f) Gift effective upon legal separation or death. 2723 No. 31. CONDITIONS AGAINST CONTESTING WILL OR MAKING

CLAIMS AGAINST ESTATE...

2725

(a) General condition against contesting will... 2725 (b) Beneficiary forfeiting interest in case of con

testing will.....

another ...

(c) Disinheriting child and giving portion to

2726

.... 2727

(d) Condition against making claim upon estate. 2727 (e) Condition that beneficiary release debt..... 2728

No. 32. SPENDTHRIFT TRUSTS....

... 2728

(a) Condition of forfeiture if beneficiary be-
comes bankrupt, with discretionary power
in trustee.....

2729

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