Page images
PDF
EPUB

out of my personal estate, as soon as conveniently may be after my decease.

I give and bequeath the use and enjoyment of all Use of furnimy household furniture, plate, linen, and china, to ture. my dear wife M. B., during the term of her natural life ; and from and after her decease, I give and bequeath the said household furniture, &c., unto my two children, C. B. and D. B., their executors, administrators, and assigns, in equal shares and proportions as tenants in common.

I give and bequeath unto my wife M. B. all her We aring apwearing apparel, watches, trinkets, and other articles parel. of dress, and ornaments of her person.

I give and bequeath all my farming stock and Farming utensils whatsoever, which shall be in or about my stock. farm at to my son J. B.

I give and bequeath unto L. M., of, &c., the debt Release of; or sum of L. , which he owes to me on his bond ; and I desire my said executors to cancel and deliver up to him the said bond, or any other security I may hold for the said debt; and 1 direct that this bequest shall, notwithstanding the death of the said L. M. in my lifetime, operate and enure for the benefit of the executors and administrators of the said L. M., and as a complete and perfect release of the said debt.

I give and bequeath to M. N. the sum of L. Money in the three per cent. consolidated bank annuities now stand- Funds. ing in my name in the books of the Governor and Company of the Bank of England, [if it is intended

debt.

p If a debt, due to the testator, be bequeathed to the debtor, the same will lapse on the death of the legatee, and the debt will subsist ; Maitland v. Adair, 3 Ves. 231; therefore, to prevent any question, it will be advisable to add, “ and I direct that this bequest shall not be considered as a personal legacy, or as intended for the benefit of the said A. B. only, but that in case the said A. B. sball die in my lifetime, his representatives shall have and be entitled to the benefit thereof.” (See Sibthorp v. Moxom, 3 Atk. 579; Elliot v. Davenport, 3 Vern. 521; S. C. 1 P. Wms. 83.)

not to be a specific legacy, add, and if it shall bappen that, at the time of my decease, I shall not be possessed of that amount of L.3 per cent. consolidated bank annuities, then I direct my executors to purchase or make up the same out of my personal estate, and transfer the same to the said M. N. for

his own absolute use."] Pecuniary I give and bequeath unto A. B. the sum of L. legacies.

I give and bequeath the following sums to the several persons hereinafter named ; that is to say, to K. L., of, &c., the sum of L. ; to C. M. the

sum of L. , &c. Directions as 'I give and bequeath to D. I. the sum of L. to vesting.

and I direct that the same shall become a vested interest in the said D. I. immediately upon my decease; but that the payment thereof shall be postponed till he shall attain the age of twenty-one years, [or] and I direct that the said legacy shall not vest in, or be paid to him, unless and until he shall attain his age of twenty-one years; but he shall, nevertheless, be entitled to any interest that may arise therefrom

in the mean time. Legacy to I give and bequeath unto J. D. the sum of L. creditors.

and I direct that the same shall be accepted by him Tor not be taken in satisfaction of any debt or sum of money that may be due and owing from me to him at the time of my decease.

I give and bequeath to each of my servants, who shall be living with me at the time of my decease, the sum of L. over and above the wages which may then be due to them respectively.

To servants.

9 This bequest being of the identical stock of which the testator was possessed, would be specific, and, consequently, unless the directions here given were added, the bequest would fail in case the testator should part with his stock in his lifetime. See the cases of Ashton v. Ashton, 3 P. Wms, 384; Sleech v. Thorrington, 2 Vez. 561 ; Gillaume v. Adderley, 15 Ves. 385; and Dummer v. Pitcher, 5 Sim. 35, and 2 M. and K. 262.

* See observations on the vesting of legacies, post.

I give and bequeath unto each of them, the said to executors. J. K. and L. M., the sum of L.

, as an acknowledgment for the trouble they may have in the execution of this my will, [or] and I direct that the same shall be paid to them notwithstanding they may decline to prove this my will, or to act in the execution of the trust hereof.

I give and bequeath unto the treasurer, for the To an unintime being, of the Church Missionary Society, the corporated

society. sum of L.

to be applied by him for the purposes of such society, and I direct that the receipt of such treasurer, for the time being, shall be a sufficient discharge to my executors for the same. And I do hereby devise all such messuages, lands, Devise of

trust and tenements, and hereditaments, as are vested solely try

mortgage esin me, upon any trust, or by way of mortgage, in tates. respect of which the equity of redemption shall be subsisting at the time of my decease, with their respective rights, members, and appurtenances, unto

their heirs, executors, administrators, and assigns, according to the nature and quality thereof respectively upon trust, to hold or dispose of the said trust-estates, in the manner in which they ought to be held and disposed of, pursuant to the trusts thereof, and upon payment of the money secured on mortgage, to convey or assign the estates in mortgage to the person or persons entitled thereto for the time being ; but I direct that the money secured by such mortgages shall be considered as part of my personal estate.

I give and devise to A. B., of, &c., and his as- Bequest of an signs, during his life, the annual sum or yearly rent- annuity, with charge of L. , without any deduction whatso- di ever, to be paid to him by four quarterly payments, and the first of such payments to be made on such of the same days as shall first happen after my decease; and I charge the same on [state the premises to be charged with the annuity.] And my will is, that, in case the same annual sum or yearly rentcharge, or any part thereof, shall be behind and un

a power of distress.

paid for the space of fifteen days next over or after any of the aforesaid days of payment, then and so often it shall and may be lawful to and for the said A. B. and his assigns to enter upon all and every or any part of the said hereditaments charged with the said annual sum or yearly rent-charge as aforesaid, and to distrain for the same, or for so much thereof as shall be so in arrear, and all costs and charges occasioned by the non-payment thereof; and such distress to sell, in like manner as for rent reserved by lease or common demise.

Whereas I have for some time past carried on the business of, &c., at, &c., and whereas I am desirous that the said business should be carried on after my decease, for the benefit of my wife and children, in manner hereinafter mentioned. Now, therefore, I do hereby give and bequeath my said business of, &c., and all my interest therein, and all my stock and effects now or hereafter to be employed therein, and all moneys and debts which shall belong and be due and owing to me at the time of my decease, for or on account of the said business, with the premises

Bequest of stock in trade.

If the annuity " " Provided also, and I declare my will to be, that in case bo to cease on the said A. B. shall, at any time or times, become bankrupt,

or take the benefit of any act or acts of parliament for the relief or discharge of insolvent debtors, then, and in either

of the said cases, the said annuity shall cease.” Proviso : Provided also, and I do hereby expressly declare and diprevent the rect, " that in case the said C. D. shall alien, sell, assign, assignment of incumber, or transfer, or in any manner dispose of or antian annuity. cipate the said annuity or yearly sum of L.

, or any part thereof, then, and in such case, and from and immediately after such alienation, sale, assignment, or transfer, the same annuity or yearly sum shall cease, determine, and be void, and shall sink into, and become part of, the residue of my personal estate and effects.” As to these provisoes, see Dommett v. Bedford, 3 Ves. 149, 6 T. R. 684; Brandon v. Robinson, 18 Ves. 429; Lear v. Leggett, 2 Sim. 479, and 1 Russ. and M. 690 ; and Whitfield v. Brockett, 2 Keen, 608, and ante, 647.

employed in or connected with the carrying on of the said business, unto the said (trustees,] their executors, administrators, and assigns, upon trust, &c.

I give, devise, and bequeath unto C. D., of, &c., General de and E. F., of, &c., their heirs, executors, administra- vise of estates,

in trust, to tors, and assigns, all my freehold, leasehold, and raise money copyhold messuages, farms, lands, tenements, and by sale or hereditaments, wheresoever situate, with their rights, mortgage. members, and appurtenances, to hold to them, their heirs, executors, administrators, and assigns, according to the nature and tenure of the same premises, upon trust, that they, the said, &c., or the survivor of them, his heirs, executors, administrators, or assigns, do and shall, by sale or mortgage of the same, or a competent part thereof, or by, with, and out of the rents, issues, and profits to arise therefrom in the meantinie, or by all or any of the 'ways and means aforesaid, or by such other ways and means as to them or him shall seem meet, raise and levy the sum of, &c., [or “such sum and sums," &c.] And I declare and direct, that the receipt or receipts of the said (trustees,] or the survivor of them, his executors, administrators, or assigns, shall be a sufficient discharge, or sufficient discharges, for the purchase or mortgage-money that shall or may be agreed to be paid or advanced, and that the person or persons paying or lending the same, his, her, or their heirs, executors, administrators, or assigns, shall not be answerable for any loss, mis-application, or non-application thereof respectively.

And I do hereby declare, that the said trustees or Direction for trustee, for the time being, shall and do stand and trustees to

invest mo. be possessed of such part of my personal estate as shall consist of money, and of the moneys to arise from such other part of my said personal estate as I have hereinbefore directed to be converted into money, and of the moneys to arise from the sale of the premises hereinbefore directed to be sold, upon trust that they, the said trustees or trustee, for the time being, do and shall, with and out of such moneys, pay, satisfy, and discharge all my just debts, funeral

ney.

« PreviousContinue »