MENT UNDER A SPECIAL TRUSTS FOR DAUGH TFRS. furniture to bequest of my residuary personal estate hereinafter bequeathed: AND I APPOINTDIRECT that in case the aforesaid bequest of the said furniture, plate, linen, china, books and household effects in trust for my POWER AND said daughter S. H. for her life shall take effect, the said trustees or trustee thereof for the time being shall, as soon as conveniently may be after my decease, cause a schedule and inventory thereof to be taken, and two copies to be made of Inventory of the said schedule and inventory, and that they or he shall sign be made. each of the said copies, and also cause each of them to be signed by my said danghter, and shall keep one of the said copies, and leave the other with her: And shall and may from time to time inspect and examine the state of the said furniture, plate, linen, china, books and household effects, and cause fresh reparations and replacings to be made thereof and therein at the costs and expenses of my said daughter, as the said trustees or trustee shall think proper and reasonable: AND AS TO ALL the rest and residue of my real and personal estate and effects (except such parts thereof is at my decease may be vested in me upon any trusts or by way of mortgage): I Devise and DEVISE AND BEQUEATH the same respectively unto and to residuary, the use of the said C. D. and E. F., their heirs, executors, sonal estate administrators and assigns [trusts for sale and conversion into convert the money, supra, p. 617]: AND UPON FURTHER TRUST out of the money, same general trust monies to set apart and invest in the names and to invest or name of my said two sons, or the survivor of them, or the mouies to executors or administrators of such survivor, their or his assigns, named in any of the aforesaid stocks, funds and securities, in which certain aninvestments are hereinbefore authorized to be made as aforesaid during her a sum of money the annual proceeds whereof when so invested will (at the time of such investment), together with the then annual produce of the aforesaid surplus, and the trust monies, stocks, funds and securities thereof hereinbefore appointed in trust for the maintenance, support and comfort of my said daughter M. H., make up the clear annual sum of £, with full power to my said two sons, or the survivor of them, or the executors or administrators of such survivor, their or his assigns, from time to time, at their or his discretion, to vary the stocks, funds and securities, in which such trust monies may be invested, for any other of the aforesaid stocks, funds and securities, and the annual produce arising from the money hereby real and per upon trust to same into sufficient secure to first daughter a nual sum life, APPOINT MENT POWER AND TRUSTS FOR TERS. and also to set apart a further sum. Trusts of residuary directed to be set apart, and the stocks, funds and securities thereof shall, during the life of my said daughter M. H., be UNDER A applied by my said two sons, and the survivor of them, and the SPECIAL executors or administrators of such survivor, their or his assigns, upon the same trusts in all respects as during the like period are hereinbefore declared of and concerning the aforesaid surplus, and the trust monies, stocks, funds and securities thereof herein before appointed as aforesaid: AND FROM AND IMMEDIATELY after her decease the same money, and the stocks, funds and securities thereof shall remain and be upon the trusts hereinafter declared concerning the ultimate residue of the said general trust monies: And upon further trust out of the said general trust monies to set apart and invest in the names or name of them or him the said general trustees or trustee for the time being of this my will, in any of the aforesaid stocks, funds or securities, in which investments are hereinbefore authorized to be made as aforesaid, the further sum of £for the purposes and subject to the provisions hereinafter contained concerning the same: AND SUBJECT TO THE monies as to TRUSTS AFORESAID, the ultimate residue of the said general trust monies shall be divided into five equal parts or shares, and the said general trustees or trustee for the time being of this my will, shall stand possessed of one such equal fifth part or share, In trust for my said son R. H. absolutely, and of one other such equal fifth part or share, In trust for my said daughter S. B. absolutely, and of one other such fifth part or share, In trust for my said daughter S. H. absolutely, and of one other such fifth part or share, In trust for my said son T. H. absolutely (the shares of the said S. B. and S. H. respectively to be for their separate use exclusively of any present or future husband): And the said general trustees or trustee for the time being of this my will, shall invest the other or remaining equal fifth part or share in their or his own names or name in any of the aforesaid stocks, funds or securities in which investments are hereinbefore authorized to be made as aforesaid: The remain- AND I HEREBY DECLARE that the said general trustees or and the fur trustee for the time being of this my will, shall stand pos four fifth parts thereof for four children equally. ing fifth part, ther sum directed to sessed as well of the said sum of £ so hereinbefore to be held by directed to be set apart and invested by them or him as aforethe trustees said, and the stocks, funds and securities in which the same to be held any APPOINT- UNDER A TRUSTS FOR TERS. upon trusts for one of daughters dren. shall be invested, as also of the said last-mentioned equal fifth part or share of the ultimate residue of the said general trust monies, and the stocks, funds and securities in which the same POWER AND fifth part or share shall be invested, Upon trust from time to SPECIAL time, at their or his discretion, to vary the said several trust monies, stocks, funds and securities, for any other of the said stocks, funds or securities in which investments are hereinbefore authorized to be made as aforesaid, And subject thereto testatrix's upon the further trusts following (that is to say), UPON and her chilTRUST, during the life of my said daughter E. P., to pay and apply the annual produce of the said several trust monies, stocks, funds and securities, to and for her sole and separate use, without power of anticipation by her, and without being in anywise subject to the debts, control, interference or engagement of husband of her the said E. P.: AND AFTER the decease of the said E. P., the said several trust monies, stocks, funds and securities shall be IN TRUST for all and every or such one or more exclusively of the other or others of the children or child of the said E. F., at such age, day or time, or ages, days or times, for such estate or interest, or estates or interests, and generally in such manner as the said E. P. shall appoint, and in default of and until such appointment and so far as such appointment shall not extend. [Trusts for the children of E. P. equally, supra, p. 618]. PROVIDED ALWAYS, that no Hotchpot child of my said daughter taking any part of the said several trust monies, stocks, funds and securities under any appointment to be made by her in pursuance of the aforesaid power for that purpose, shall be entitled to any share of the unappointed part thereof, without bringing his or her appointed share into hotchpot, unless my said daughter shall by any such deed, will or codicil as aforesaid direct to the contrary. [Usual powers of maintenance, accumulation and advancement of children of E. P., supra, pp. 618, 619]. AND IN CASE there shall be no child or children of my said Trusts in daughter in whom the said several trust monies, stocks, funds children. and securities shall become absolutely vested under or by virtue of all or any of the trusts, powers and provisions herein before contained, the said several trust monies, stocks, funds and securities and the annual produce thereof, shall (subject and without prejudice to the trusts and purposes aforesaid), remain clause. default of MENT UNDER A SPECIAL TRUSTS FOR TERS. Power to advance monies to husband on APPOINT- and be upon and for such trusts [as E. P. shall appoint by will, and in default of appointment for her next of kin according POWER AND to the Statutes of Distribution, supra, p. 541]. AND I HEREBY EMPOWER the said general trustees or trustee for the time DAUGH being of this my will, at any time or times, upon the written request of my said daughter E. P., to advance and lend to her said husband the said R. P. at interest on his personal security, and on security of a policy or policies of insurances on his life, his security. in an amount equal to the sum or sums to be so lent the whole or any part of the said several trust monies, stocks, funds and securities, hereinbefore directed to be invested for the benefit of my said daughter E. P. and her children: PROVIDED ALWAYS, that in every such case the said R. P. shall effectually and to the satisfaction of the said general trustees or trustee for the time being of this my will, give security for keeping on foot such policy or policies of insurance, and for paying all future premiums thereon; but the said trustees or trustee shall nevertheless have full power with the written consent of my said daughter E. P. during her life, and after her decease at their or his discretion, to appropriate any part of the annual produce of the said several trust monies, stocks, funds and securities hereinbefore directed to be invested for the benefit of my said daughter and her children, in or towards payment of the premium or premiums on any such policy or policies of insurance. [Devise of trust and mortgage estates and appointment of A. B. and C. D. executors; Receipts of trustees to be sufficient discharges; Power of changing trustees, and provision for their indemnity, supra, pp. 620, 621, 622]. IN WITNESS, &c. No. CXV. WILL of a MARRIED WOMAN; APPOINTMENT by her OF A MARRIED WOMAN. I, A. B. [testatrix], the wife of &c., HEREBY DECLARE this to be my last will and testament: WHEREAS by a certain indenture of Recite settlerelease and settlement bearing date on or about the day of ment. share of monies arising from sale estates is testatrix After her trust for her and made or expressed to be made between my late father C. D., since deceased, of the one part, and E. F., of &c., and G. H., of &c., of the other part, a certain part or share of the whereby a monies to arise from the sale of certain freehold and leasehold hereditaments and premises in the same indenture comprised, of freehold and of the rents and profits of the same premises, and the and leasehold accumulations thereof, from and after the death of my said settled. father, and until the same should be sold, were limited and settled, In trust for myself for my separate use for life, and In trust for after my death In trust for all and every my child and children, for life. and the issue of any deceased child and children of mine who decease in might be living at my death, in such parts, shares and proportions, children as manner and form, as I the said A. B. should by my last will and testament, notwithstanding my coverture, give, bequeath, direct or appoint the same, with a further power for me by my said will to direct that the dividends and interest given in trust for me as aforesaid might be paid to any husband of mine for his life: AND WHEREAS there are eight children of me, the said A. B., now living: Now THEREFORE, in consideration of the powers or authorities for that purpose given or limited to me by the said indenture of release and settlement, and of every other power or authority in anywise enabling me in this behalf, I, the said A. B., do by this my last will and testament Appointment direct and appoint that all and every the trust monies by the monies pur she should appoint by will. Number of children. of trust |