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No. CVIII.

BEQUEST OF
SPECIFIC
PROPERTIES

TO TESTA

TOR'S

DEVISE and BEQUEST of REAL and PERSONAL PRO- DEVISE AND
PERTY; DEVISE to ELDEST SON for life, remainder to
HIS FIRST SON attaining twenty-one; In default of any
such son, to ELDEST SON'S DAUGHTERS; If all such
daughters die under twenty-one and without issue, to RELATIONS.
testator's SECOND and OTHER SONS and their CHILDREN
to similar uses; DEVISE of an ESTATE to Testator's
Cousin, subject to a Mortgage Debt; BEQUEST of
£5000 Reduced Annuities to TRUSTEES, to pay Divi-
dends to SON until Bankruptcy, Insolvency or Antici-
pation, and afterwards to his WIFE and CHILDREN,
in discretion of TRUSTEES, during his life, with
remainder to J. K.; LEGACY for the benefit of
INFANT SON, DEVISE and BEQUEST of; RESIDUE
of REAL and PERSONAL ESTATE; APPOINTMENT
of EXECUTORS.

in the county of

eldest son for

his first son

twenty-one.

I., A. B., of &c., DO HEREBY REVOKE, &c., I GIVE AND DEVISE Devise to all the messuages, farms, lands and hereditaments, situate in the life. parish of to which I shall be entitled at my decease, To the use of my eldest son C. D. and his assigns for his life, without impeachment of waste, WITH REMAIN- Remainder to DER To the use of the first son of my said son C. D., who shall attaining survive me and shall attain the age of twenty-one years in fee simple; BUT IF there shall be no such son, then To THE USE of all and every the daughters of my said son C. D. in fee simple as tenants in common; BUT IN CASE any of the said daughters shall dieunder the age of twenty-one years without leaving lawful issue, then as well the original as the accruing share of such daughter or daughters so dying, shall go over to the other or others of the said daughters in fee simple, and if more than one as tenants in

In default of

any such son,

to

his daugh

ters.

SPECIFIC

PROPERTIES

TOR'S

If all such daughters die under

twenty-one

without issue,

tator's second

and other sons, and their chil

dren to similar uses.

DEVISE AND Common: AND IN CASE all the daughters of my said son C. D. BEQUEST OF shall die under the age of twenty-one years, without leaving lawful issue in the said hereditaments and premises under the TO TESTA- limitations aforesaid, Then TO THE USE of my second, third and RELATIONS. every other son for his life, with remainder to the use of his sons and daughters, corresponding with the limitations and uses herein before contained in favour of and limited to the sons and daughters of my said son C. D., yet so that every elder of such to use of tes- second, third and every other son and his sons and daughters, shall be always preferred to every younger of the same sons and his sons and daughters; AND IN CASE no person shall become entitled to a vested interest in the said hereditaments and premises under the limitations aforesaid, Then To THE USE of land charged my own right heirs for ever: I GIVE AND DEVISE all and with mort- singular the messuages, lands and hereditaments which I lately purchased of unto my cousin G. H., his heirs and assigns absolutely, subject nevertheless to the payment of the sum of £ —, with which the said estate and hereditaments are at present charged under or by virtue of a certain indenture of mortgage, bearing date the and the interest thereof, or so much thereof respectively as may remain unsatisfied at my decease; and I hereby expressly declare that as between my representatives and my said cousin and his representatives, the said estate and hereditaments shall be the primary fund for the payment of the said sum of £—, and the interest thereof (a). I GIVE AND BEQUEATH the sum of

Devise of

gage debt.

Bequest of

stock to trustees,

day of

(a) The personal estate, until lately, was primarily liable for the payment of the testator's debts, whether secured on mortgage or unsecured; and the circumstance of devising the property to the devisee subject to the payment of the mortgage debt, was not considered a manifestation of intention that the land should be the primary fund, but was regarded as a description of the actual condition of the property at the time of the devise. (Bickham v. Cruttwell, 3 Myl. & Čr. 763). But by the 17 & 18 Vict. c. 113. it is provided, that when any person shall, after the 31st of December 1854, die seised of or entitled to any estate or interest in any land or other hereditaments which shall at the time of his death be charged with the payment of any sum or sums by way of mortgage, and such person shall not by his will or deed or other document, have signified any contrary or other intention, the heir or devisee to whom such land or hereditaments shall descend or

SPECIFIC PROPERTIES

TOR'S

come to son

ruptcy.

£5000 £3 per cent. Reduced Annuities, which is now standing DEVISE AND in my name in the books of the Governor and Company of the BEQUEST OF Bank of England, or so much thereof as shall be standing in my name at my decease, and all the dividends which may be TO TESTA payable in respect thereof, from and after my decease, unto REI ATIONS. C. D., of &c., and E. F., of &c. [trustees], their executors, administrators and assigns, upon trust, that the trustees or trustee › do and shall pay the dividends and annual income of the said to pay inannuities unto my son X. Y., until he shall become bankrupt, until bankor become an insolvent within the meaning of any act or acts for the relief of insolvent debtors, or until he shall attempt to anticipate such dividends and annual income: AND FROM AND AFTER the determination of the last-mentioned trust, do and shall during the life of the said X. Y., pay or apply the same dividends and annual income unto or for the separate use of the wife and child or children of the said X. Y. for the time being, or any of Remainder them, or for the education or advancement of the said children, may think or any of them, in such proportions and in such manner as my said trustees or trustee shall in their uncontrolled discretion think proper, and from and after the decease of the said X. Y. After decease I give and bequeath the said sum of £5000 £3 per cent. legatec absoReduced Annuities unto J. K. absolutely: AND I GIVE AND BEQUEATH unto my said trustees, their executors, adminis- legacy for trators and assigns, the sum of £—, upon trust to lay out infant. and invest the same in their names in or upon such stocks, funds or securities as they may in their discretion think proper, with power to vary the investments from time to time for any other stocks, funds or securities as they may think fit, and from time to time to pay and apply all or any part or parts of the capital and annual income respectively of the said trust sum and investments, or any part or parts thereof respectively, to or

be devised 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 that the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person, be primarily liable to the payment of all mortgage debts with which the same shall be charged, every part thereof according to its value bearing a proportionate part of the mortgaged debts charged on the whole thereof.

as trustees

fit.

of son, to

lutely.

Bequest of

benefit of

DEVISE AND for the benefit of my infant son

SPECIFIC

TO TESTA

TOR'S

RELATIONS.

during his minority as BEQUEST OF my trustees may think proper, and subject as aforesaid, upon PROPERTIES trust to hold the said trust sum and investments in trust for my said infant son absolutely, my intention being that the said legacy to my said infant son shall not be contingent upon his living to attain the age of twenty-one years, but shall be a vested interest in him at my decease: AND I DO HEREBY DECLARE that the receipts of my said infant son for any monies which may be paid to him on account of the said legacy or the income thereof, during his minority, shall be an effectual discharge to my trustees: AND AS TO ALL THE RESIDUE of my real and personal estate and effects, I give, devise and bequeath the same respectively unto, his heirs, executors, administrators and assigns absolutely: AND I HEREBY appoint the said C. D. and E. F. executors of this my will. IN WITNESS, &c.

Bequest of residue.

BEQUEST OP
I EGACIES
AND LEASE-
HOLDS AND
IISPOSITION
OF RESIDUE.

No. CIX.

WILL of REAL and PERSONAL ESTATE.-BEQUEST of LEGACY to WIFE; LEGACY to SERVANTS; BEQUEST of LEASEHOLDS for YEARS; DEVISE of LEASEHOLDS for LIVES upon TRUST to pay RENT and observe COVENANTS, and to obtain Renewal of LEASES, and subject thereto for WIFE for LIFE; Remainder for SON absolutely; RESIDUE of REAL and PERSONAL ESTATE upon trust to realize and invest the PRODUCE, and vary the SECURITIES, and out of TRUST-MONIES to pay Annuity, and raise a given Sum, and subject thereto upon TRUST for WIFE during WIDOWHOOD, she maintaining Infant CHILDREN; subject to before-mentioned TRUSTS, TRUST-MONIES to go amongst CHILDREN of TESTATOR; In default of

CHILDREN, for TESTATOR'S BROTHER for LIFE, bequest of
Remainder for his CHILDREN equally; TRUSTEE, LEGACIES
who is a SOLICITOR, to be entitled to make PRO-
FESSIONAL CHARGES.

I, A. B., of &c., DO HEREBY REVOKE all wills, codicils and other

for a suit

AND LEASE-
HODS AND

DISPOSITION

OF RESIDUE.

legacy to

servants.

leaseholds

leaseholds

pay rent and

testamentary dispositions heretofore made by me, and do declare this to be my last will and testament in writing: I Bequest of GIVE AND BEQUEATH the sum of £ to my dear wife, and wife. I direct that the same may be paid to her within two months after my decease: I GIVE AND BEQUEATH to each of my Legacy to servants who shall be engaged in my service at my decease, a legacy of £, and an additional sum of £ of mourning: I GIVE AND BEQUEATH all my leasehold tenements Bequest of and premises which are or shall be holden by me for any term for years. or terms of years, either absolute, or determinable on any life or lives, unto my son C. D. absolutely: AND I GIVE AND DEVISE Devise of all and every my leasehold tenements and premises which are for lives, or shall be holden on any life or lives, and which are not hereinbefore bequeathed to my said son C. D., unto E. F., of &c., and G. H., of &c., their executors, administrators and assigns, upon trust, out of the rents and profits thereof, or by mortgage upon trust to thereof, to pay the rents and observe and perform the covenants observe coveand agreements by and in the several leases thereof reserved and contained, and on the part of the lessees, their executors, administrators and assigns, to be paid, observed and performed, and to obtain a renewal of the leases respectively, which are and to obtain usually renewable at such periods and upon such terms as the leases. same leases are or have been usually renewed, and to raise the fines and expenses of every such renewal, and subject thereto, and subject upon trust to permit the same leasehold tenements and premises wife for life; to be enjoyed by my dear wife and her assigns for her life, and from and after her decease, In trust for my son N. O., his remainder executors, administrators and assigns absolutely: AND AS TO ALL lutely. THE REST, residue and remainder, &c. [Devise and bequest of real Residue of and personal estate and effects to trustees upon trust for sale and sonal estate conversion into money, and to invest the same, after payment of to realize and debts, &c., with power to vary the securities, supra, pp. 617, 618]: produce, and AND UPON TRUST, to pay out of the annual income of the said securities;

nauts,

renewal of

thereto for

for son abso

real and per

upon trusts

invest the

vary the

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