favor of third persons acquiring property or rights thereunder as if executed or done by all of said executors or trustees.

(h) Directions as to voting corporate stock belonging to estate. It is my desire, and I so direct, that in order to better protect the interests of my estate, all stock of any corporation held by my executors or trustees herein named, or their successors, shall be voted by them as a unit at all meetings and times when such stock may be voted, and in case of a disagreement among my said executors or trustees as to the manner of voting such stock, then A B– -, who for years has managed my affairs and is familiar therewith, and with other properties as well, is hereby authorized and empowered to vote such stock in person or by proxy in such manner as in his judgment he may determine.

(i) Direction to trustee to accumulate income. I give, devise and bequeath all the rest, residue and remainder of my estate possessed by me at the time of my death, to the Trust Company of Philadelphia, in trust for the use and benefit of my grandson, A— B -, upon the following terms and conditions, that is to say, said trustee shall hold said property in trust, collect all rents, issues and profits arising therefrom and treat the same as principal and invest and reinvest the income and to accumulate the same until my said grandson shall attain the age of twenty-one years; thereafter said trustee shall apply all the net income derived from the property in its hands. at the time of my said grandson attaining his majority, to the use and benefit of my said grandson and his issue, if any there be, during the term of my said grandson's natural life, and after his death to the use and benefit of his issue then living, if any, in equal shares according to their number, until they respectively attain the age of twenty-one years, at which time such issue shall take, according to their number, their proportional share of

said trust property in the hands of said trustee, absolutely and relieved from any further trust, and said trustee shall pay or deliver to such issue his or her just proportion. Should any issue of my said grandson die before the time of my said grandson's death leaving issue surviving my said grandson, such issue of deceased issue shall take such share as his or her parent would have taken had he or she been then living. Should my said grandson die without leaving surviving him any issue or the issue of deceased issue, then said property in the hands of said trustee shall at said time pass to and vest absolutely in my son R, or in the event of his death before that time, in his issue and the issue of his issue who may have died before that time, the issue of deceased issue to take only the share which their parent would have taken had he or she been living, division to be made per stirpes and not per capita.

Note. As to perpetuities and trusts to accumulate, see §§ 1156-1179. As to statutory regulations regarding accumulations, see §§ 1176,1177.

(j) Direction to convert realty into personalty in event of conflict of laws. In the event that at the time of my death I shall be the owner of real property situated in some state other than the state of, or in some foreign country, the laws of which state or country shall be such that any of the provisions of this will shall or might be in conflict therewith or to any extent be rendered ineffective thereby, then it is my will and I hereby direct that my executors herein named forthwith sell such real property and convert the same into money or other personalty, and the proceeds of such sale shall be applied for the same uses and purposes for which said real property was directed to be applied, I hereby giving and devising such real property to my said executors for the purpose of such sale and conversion.

PROVISIONS AFFECTING RIGHTS OF HUSBAND, WIFE, AND CHILDREN.

(a) Gift to widow in lieu of dower.

(b) Gift to widow in lieu of interest in community property. (c) Gift to married woman, free from control of husband. (d) Direction to pay household expenses of testator's family. (e) Direction that no gifts to children shall be charged as advancements.

(f) Charging advancements against children.

(g) Disinheriting child.

(h) Provision for afterborn children.

(i) Appointing testamentary guardian.

General Note.-As to the rights of husband, wife, and children, see §§ 620-644. The power to dispose of property by will is not a natural right and is limited by the right which a surviving husband or wife may have in the property of the other, such as dower, curtesy, or interest in community property; and by statute generally children of the testator, whether pretermitted, afterborn or posthumous, unprovided for or unmentioned in his will, take as in the event of intestacy.

(a) Gift to widow in lieu of dower. I give and bequeath to my beloved wife M - the sum of dollars and also all my household effects, furnishings and appurtenance of every character and description now in the family residence at No. 618 Street,,—

to

gether with the use of said family residence during the term of her natural life. Said gifts and benefits are in lieu and bar of any claim of dower or other interest which my said wife would have at the time of my death should I die intestate, in or to my estate or any of the property herein disposed of, and also in or to any and all moneys which may come to her or into her hands by reason of any policy of insurance upon my life.

Note. The rights of dower and curtesy limit the testamentary power of disposition, see §§ 620-622, but a husband or wife may consent to the will of the other, see §§ 623-629. In the absence of prior consent, provisions in lieu of dower or curtesy are effective only if the surviving spouse elects to take under the will rather than that which he or she is entitled to by law. This right of election is personal. As to the doctrine of election as applied to wills, see §§ 813-839.

III Com. on Wills-58

the sum of

(b) Gift to widow in lieu of interest in community property. I give and bequeath to my beloved wife Mdollars in lieu of any and all claims which my said wife would have at the time of my death should I die intestate, in or to any community property of myself and my said wife or in any estate of which I may die possessed.

Note. See note to preceding form, and see, also, §§ 251-254. Since the presumption is that a husband or wife does not intend to dispose of property which the law gives to the other, the provisions of the will must be clear that the husband or wife intends to dispose of all com. munity property, including the share to which by law the other may be entitled.

(c) Gift to married woman, free from control of husband. I devise unto my daughter RC, the wife of B- C- that certain house and the lot on which it stands, located at number 718- Street, in the city of state of, (or describe same by metes and bounds), as her sole and separate property and for her separate use, free from the control of her husband, with the power to dispose of the same by will or otherwise.

(d) Direction to pay household expenses of testator's family. It is my wish and desire that my minor children reside and live with my wife in the house upon the premises, being our home place, hereinbefore devised to my wife, and I therefore direct that my executors hereinafter named pay out of my residuary estate all the household expenses, including necessary assistance in the management thereof, family supplies and maintenance for my said wife and minor children, in the same manner as I would have done if living, from the time of my death until the final distribution of my estate and the closing thereof; all expenditures so made shall be considered and treated as a part of the expenses of my estate and the administration thereof, and shall not be charged against my said wife or minor children as an advancement, but all other

benefits conferred on them or any of them by this my last will and testament shall be satisfied without deduction because of the payment of the expenses just mentioned.

(e) Direction that no gifts to children shall be charged as advancements. I direct that no gifts or advances of money, real estate or securities that I have heretofore made or may hereafter make to either my sons, Aor B, or my daughters, E- or F, shall be counted as a part of my estate or charged against any of said children to whom such gifts or advances may be made; and I release and absolutely discharge each of my said children, and their heirs, next of kin or legal representatives in case of the death of any of them, of and from all debts which they or any of them may owe me at the time of my death.

Note. As to advancements and the satisfaction of legacies thereby, see §§ 730-743.

(f) Charging advancements against children. I have heretofore given various sums of money to my sons R

and D as shown by my private account book, now in my private safe, under the heading of "Advancements to children,” and any further gifts which I may make to. any of my children during my lifetime will be noted in said book under the heading mentioned; I give, devise and bequeath all the rest, residue and remainder of my estate to my children RB- and T, to Tbe so distributed that each of my said children shall receive, whether by gift as aforesaid, or from my estate, or both, the same total amount.

D

Note. As to advancements and the satisfaction of legacies thereby, see §§ 730-743.

(g) Disinheriting child. My son H- has for years. been addicted to habits of which I have greatly disapproved and, because of his utter disregard of my wishes