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 (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 No. 15. DEVISES AND BEQUESTS OF MORTGAGED PROPERTY... 2688 (a) Subject to the mortgage debt.......... 2688 (b) Mortgaged property exonerated from the (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 (h) To a class: Designating date when members of class are to be determined..... No. 21. WORDS OF SURVIVORSHIP.. (a) Direct gift...... (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 (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 (e) Life estate in personalty with power to sell and reinvest proceeds.. 2707 (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- 2711 (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 2714 (b) Devise in fee with limitation over upon fail ure of issue. 2715 (c) Devise in fee with limitation over if first ried .... PAGE ... 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 (c) Gift of business on condition that beneficiary ..... 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 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- 2729 |