Legacies.

1310. Legacy of a Share Under Another Person's Will.

And whereas under the will of [name] I am entitled to a his residuary personal estate, I bequeath the said share to [name].

share in

1311. Bequest of Jewels, etc., to Wife, and of Estate in Household Effects, for Life or Widowhood.

I give and confirm to my dear wife all the jewels, trinkets and personal ornaments worn or used by her during my lifetime; and I also give to her all my wines, liquors and other consumable stores, and all my horses and carriages, for her absolute use and benefit. I give all my plate and plated articles, books, pictures and prints unto my said wife, to use and enjoy the same during her life, if she shall so long continue my widow; and from and after her decease or second marriage (whichever shall first happen), to such son of me as shall first attain the age of twenty-one years. I give my leasehold dwelling-house, being No. etc. [describing it], and all my furniture and household effects being in or about or appropriated or belonging to the said dwelling-house, other than and not being plate or plated articles, books, pictures or prints, unto my said wife, to occupy the said dwelling-house, and to use and enjoy the said furniture and household effects during her life, if she shall so long continue my widow, she paying the ground-rent, and all taxes and outgoings payable in respect of the said dwelling-house, and observing and performing the covenants contained in the lease under which the same is or at my decease shall be held. And I declare that from and after the decease or second marriage of my said wife (whichever shall first happen), the said dwelling-house, furniture and household effects shall sink into and form part of my residuary estate.

1312. Bequest of the Good-will of a Business..

I give and bequeath the good-will and benefit of the business of which I am now carrying on at

and also all my capital and property which shall be employed therein at my decease, and also the leasehold premises situate and being No. aforesaid, wherein the said business is now being carried on, for all my term and interest therein, unto my son

absolutely.

at

1313. Legacies to Children, With Directions for Investment.

I bequeath to each of my children, C. D., E. F. and G. H., the sum of dollars, with interest at the rate of per cent. per annum, from my death till the payment thereof, such interest to be paid half-yearly. And I hereby declare, that if my said daughter, G. H., shall be under twenty-one years at my death, and shall not have married, the legacy hereby given to her shall be retained by my trustees hereinafter named, their executors or administrators, upon trust, to pay the same to her when she shall attain twenty-one years or marry; and upon trust in the mean time to pay the in

Legacies.

terest of such legacy to her, and her receipt, notwithstanding her infancy, to be an effectual discharge for the same; and if the said G. H. shall not attain twenty-one years or marry, the same legacy shall, upon her death, sink into my residuary estate. (d)

1314. Legacy to An Infant, to be Paid to His Father.

C. D. shall be under twenty-one years when the same legacy shall be payable, I direct the same legacy to be paid to his father, E. D., of, etc., to be managed by him at his discretion, for the benefit of his said son, till he shall attain twenty-one years; in such case the receipt of the said E. D. to be an effectual discharge for the same legacy.

1315. Legacies to Executors.

And I do hereby nominate and appoint the said C. D. and E. F. executors of this will. And I bequeath to such of them as shall act in the execution of this my will the sum of dollars apiece. (e)

1316. Pecuniary Legacy to a Married Woman.

dollars. And I de

I bequeath to A. B., wife of C. D., the sum of clare that said sum shall be for her sole and separate use and benefit, and that her receipt, notwithstanding her present or any future marriage, shall be a valid and effectual discharge of the same.

1317. Bequest in Trust for Unincorporated Society.

I give and bequeath to A. B. and C. D., and to their successors forever, the sum of dollars, in trust, for the benefit of such undergraduate students of the collegiate department of the University of as shall be, or shall from time to time become, members of a literary association or society now organized among said students, and known as the Society, of which society I am a graduate member, to be applied by the said trustees to educational purposes for their benefit, in manner following [stating application].

1318. Bequest to a Corporation.

I give and bequeath to [stating, if possible, the full name of the corporation, or, if not certainly known, describing it], at

(d) This is a convenient proviso in the case of legacies of small amount to infants.

(e) If legacies be given to executors, care should be taken, as in the text, to

the sum of

mark whether the legacies be given to them qua executors or not. If a legacy be given to an executor, it is held that it is on his acting as such; but by giving it as in the text, all questions are avoided.

Legacies.

dollars, to be applied to the uses of said society [or, college, or otherwise. Any particular object, such as the endowment of a professorship, may be here stated.]

1319. Bequest on Condition.

Whereas the trustees of H. College are now engaged in an effort to enlarge its sphere of action, and give it greater efficiency in promoting education, and being desirous, if such effort shall prove successful, of still further enlarging its sphere and efficiency by endowing a professorship of in said college: THEREFORE I give and bequeath to said [here insert full name], the sum of dollars, to be paid within my death, for the purpose of founding and permanently endowing a professorship of in said college; upon condition, however, that the sum of dollars shall, within years from the time of my death, be raised for the purpose of endowing two other professorships, and paying the indebtedness of said college.

years after

1320. Direction that Legacies Shall be Paid Free from Duty.

And I direct that all legacies given by my said will, or any codicil thereto, shall be paid free from legacy duty or tax.

1321. Direction that Certain Legacies Shall be Paid in Full in Priority to the Others.

I direct that the legacies hereinbefore given to [naming the legatees] shall be paid in priority to any other legacy given by my will.

1322. Declaration that Legacies Shall Not be in Satisfaction of Debts.

I direct that no legacy or gift contained in my will shall (except where a contrary intention is expressed) be taken to be in satisfaction of any debt owing by me.

1323. Provision that if a Legatee is Dead, the Legacy Shall Go to His Executors or Administrators.

And if any legatee be now dead, or die before me, I give the legacy intended for him or her to his or her executors or administrators, to be applied as if the same had formed part of the personal estate of such legatee at his or her decease.

1324. Declaration that Money Advanced by the Testator During His Life to His Children Shall be Deducted from their Portions or Shares of His

Estate.

I declare that all such moneys as I have or shall have advanced to any of my said children, or as shall be owing to me from any of them at my de

Special Provisions.

cease, shall be considered as part of my residuary estate, and shall be deducted from his, her, or their respective shares.

1325. Declaration that Advancement Shall Not be in Satisfaction of Portions.

I declare that such advancements as I may have made, or may hereafter make, to any of my children [or, nephews and nieces, etc.], shall be in addition to, and not in satisfaction of, any legacies, portions or other benefit given them by my will.

1326. Authority to Executors to Defer Calling in a Debt.

I authorize and empower, but do not require, my executors to defer and postpone the requiring payment of any debt [carrying interest] which may be owing to me from [name] at the time of my decease, for such period as my executors shall think fit.

1327. Bequest of an Annuity to be Purchased.

dollars to

I give and bequeath an annuity of for her life, for her sole and separate use; and for this purpose I direct my executors, within months after my decease, to lay out a sufficient portion of my personal estate, in the purchase of such an annuity as aforesaid, in her name, from some incorporated company; but neither she nor any person claiming under her shall be entitled to claim or accept in lieu or satisfaction thereof the sum which may be required for the purchase of such annuity.

1328. Direction as to Payment of Annuities.

And I direct that the said annuity of dollars shall be paid clear of all deductions, except legacy duty or tax, by equal half-yearly payments, the first payment to be made at the end of six calendar months from my death.(ƒ)

1329. Bequest of Fund, with Power of Appointment.

[Add, after gift to the trustees:] upon trust that they, the said trustees or trustee, shall, after the death or marriage of my said wife, whichever shall first happen after my death, raise the sum of

dollars, or so much thereof

as the said trust moneys, stocks, funds and securities will be sufficient to raise, and shall pay the same sum of be produced by the said trust moneys,

(f) The will should specify the time when payment of an annuity given by it shall commence; if no time be mentioned, the annuity, like all other legacies, will not begin to be payable till twelve months

dollars, or so much thereof as shall stocks, funds and securities as afore

from the testator's death; so that the first payment of an annuity, directed to be paid half yearly, will not take place till eighteen months from the death of the testator.

Devises.

said, unto and amongst all and every or such one or more exclusively of the others or other of my said son E. F., and my said three daughters G. H., I. K. and L. M., at such times, and in such proportions, and with such restrictions and limitations over, such limitations over being for the benefit of some one or more of my said last-named son and daughters, as my said wife, at any time during her widowhood, by any deed, with or without power of revocation and new appointment, or by her will or codicil, shall appoint. And in default of such appointment, or so far as no such appointment shall extend, then, as to the said sum of dollars, or so much

thereof whereto no such appointment shall extend; as also to the surplus (if any) of the said trust moneys, stocks, funds and securities after the purposes aforesaid shall be answered, upon trust that the said trustees or trustee shall hold the same in trust for my said son E. F., and my said daughters G. H., I. K. and L. M., or such of them as shall be living at my death, and the issue of such of them as shall be then dead leaving issue, equally to be divided between them if more than one, the issue of such of them as shall be then dead to take the shares which their respective parents would have taken if then living.

1330. Devise of House and Lands to Son On His Attaining Twenty-One, with Power to Trustees to Apply Rents and Profits of Estate During Minority of Son for His Benefit.

I give and devise my messuage or dwelling-house in which I am now residing, called together with the pleasure-grounds, lands, gardens, out-buildings and appurtenances thereunto belonging, or therewith usually held or enjoyed, and also all that piece or parcel of land, situate and being in which I lately purchased of , and which is now in the tenure or occupation of his under-tenants or assigns, unto C. D., of, etc., and E. F., of, etc., and their heirs, to the use of my son F. B., his heirs and assigns: Provided always, and I hereby declare that if the said F. B. shall die under the age of twenty-one years, or in my life-time, then and in such case the said messuage and other the premises herein before devised, shall form part of my residuary real estate hereinafter devised: And I direct that if the said F. B. shall be under the age of twenty-one years at my decease, the said C. D. and E. F., or the survivor of them, or the executors or administrators of such survivor or other, they, the trustees or trustee for the time being of this my will, shall enter into, and during the minority of the said F. B. remain in the possession or receipt of the rents and profits of the said messuage and premises herein before devised, and shall apply the whole or such part as they or he shall think fit of the said rents and profits, for or towards the maintenance and education of the said F. B., and shall invest the surplus (if any) of the said rents and profits, and all the resulting income thereof, in or upon some or one of the stocks, funds or securities hereinafter authorized as investments, with power to vary the said investments from time to time into or for others of the same or a like nature, and with power also to resort to the accumulations of any preceding year or