WILLS.

Strict Limitations. (Full Form.)

For releasing prisoned debtors.

I will and direct that my executors shall, within months after my decease, lay out and expend the sum of £ in releasing and discharging

such poor prisoners who shall be imprisoned at
my decease in
prisons, or one of them, for
debt, as my executors shall think fit, having re-
gard in the application of the said sum herein-
before for this purpose given, to such poor pri-
soners as shall be then in prison, whose conduct
has been virtuous and industrious, whose families
are in want, and whose confinement has been
owing to losses and misfortunes, and not to idle-
ness, drunkenness, or debauchery.

Bequest of a special legacy to have priority.

Directions that a Legacy to a Child shall have
Priority.

the

I give and bequeath unto my son sum of £ sterling money, to be paid to him for his own proper use and benefit, within the space of one calendar month next after my dePROVIDED ALWAYS, and I do hereby declare, that the legacy of £ given to my said shall have in every respect a priority and precedence over every other legacy herein

cease.

son

stitutions, may generally be found in the lists occasionally published of the subscribers to them, and which will be adviseable to adopt when at hand.

before by me given; and in case the estates hereby or by law chargeable with the payment of the legacies hereby given, shall not be adequate or sufficient to pay the whole of the said legacies, the deficiency shall be immediately made up by monies to be raised under the trusts of the said term of 300 years; and then and in such case the said legacy of £ to my said son shall be in the first place fully paid and satisfied, and shall not be brought to contribute in proportion with the other legacies, and if the rents, issues, and profits of the hereditaments upon which the said bequests are charged and chargeable, shall not be sufficient to answer and pay the interest of the said sum of £ to my said son, and the other legacies by me given, then and in such case I hereby direct that the interest of the said sum of £ fully and entirely paid and satisfied, and that until the same should be paid and satisfied, no interest should be paid for on account of any other such legacy or legacies hereby given to my said daughter, shall be paid and payable at or immediately after my decease; and in case of any delay of payment thereof, the same shall bear interest immediately after my decease, after the rate of five per cent.; but all other legacies hereinbefore by me given, shall only be payable at the end of twelve months after my decease.

be first

WILLS.

Strict

Limitations. (Full Form.)

WILLS.

Strict Limitations.

(Full Form.)

to a natural

child.

Devises, &c. to a Natural Child of Testator (1).

ALSO I give and devise ALL that messuage or Devise of lands tenement, with the lands and appurtenances thereto belonging, &c. unto and to the use of them the said (trustees) and their heirs, upon the trusts, and for the ends, intents, and purposes hereinafter mentioned concerning the same, (that is to say), IN TRUST for the only benefit of A. B. (a natural son) (or usually so called, named, or known) of, &c. (2), for and during the term of

Illegitimacy.

Devise to na

tural child must be by description.

(1) Bequest to an unborn illegitimate child good under circumstances; Evans v. Massey, 8 Pri. 22.

(2) An illegitimate child will not take under a general devise to the children of the testator; Cartwright v. Vawdry, 5 Ves. 530; Godfrey v. Davis, 6 ib. 43; hence such child, if intended to take, must be mentioned nominatim; see Arnold v. Preston, 18 Ves. 288, and must be so described as to identify him by personal description, after he has gained a name by common report, and not by a name of kindred or relationship, as the son and daughter of the testator; see Co. Lit. 3 b. n. (1); for until he has gained such name, he cannot take by devise; but under a bequest by an unmarried man " to his children" parol evidence will be allowed to show who the testator considered in the character of children, and they having obtained a name by reputation, will be allowed to take as a class, although illegitimate and not named in the will; Beachcroft v. Beachcroft, 1 Madd. 430, and vid. also Tytler v. Dalrymple, 2 Mer. 419; Carle v. Wilson, 17 Ves. 531; a devise to an illegitimate child, therefore, in ventre sa mere (although good in other cases) would, it should seem, be void to a bastard, however circumstantially the person intended by the testator may be described. See Co. Lit. 3, b. 123, b. Metham v. Duke of Devonshire, 1 P. Wms. 529.

But if the bequest be to the child of which a woman be

his natural life, (without impeachment of or for any manner of waste), and from and after the determination of that estate (1), IN TRUST for such person and persons, and to and for such estates or interests, and ends, intents, and purposes, as he the said (natural son) shall, in and by any deed or deeds, or by his last will and testament, or any writing purporting to be such, direct, limit, or appoint; and in default of such direction, limitation, or appointment, IN TRUST for the heirs of the body of him the said (natural son); and in default of such issue, IN TRUST for my own right heirs. ALSO I give and bequeath unto the said (trustees) their executors, administrators, and assigns, the sum of £ UPON TRUST that they the said (trustees) and the survivors and survivor of them, and the executors and administrators of

tards escheat on death with

enceint, without reference to any particular person as the father, it will be good, there being no uncertainty in the object described; Gordon v. Gordon, 1 Mer. 141; Carle v. Wilson, 17 Ves. 528; but doubtful whether, if the child be not in ventre sa mere at the time of the devise, it would be valid; 1 Mer. 141. (1) As the lands of an illegitimate person will upon his death Lands of baswithout issue escheat to the crown, or the lord of the manor, Co. Lit. 244, in devising an estate to an illegitimate child, it out issue. may (in order to prevent such escheating) be limited to him in tail, in which case, by levying a fine or suffering a recovery, he will acquire a new estate in fee-simple, which, upon his decease without issue, will revert to the devisor's heirs; or, in order to save the expense of barring the entail, it may be limited to the use of trustees, IN TRUST for him for life, in remainder to such persons, &c. as he shall by deed or other writing appoint, with remainder to himself in tail, as above.

WILLS.

Strict Limitations. (Full Form.)

the survivor, and their and his assigns, do and shall lay out and invest the same in the purchase of three per cent. consolidated bank annuities in their or his names or name, and pay and apply the dividends, interest, and annual proceeds thereof, for and towards the clothing, maintenance, education, and support of C. D. (another natural child), or so commonly called or known, now being of the age of or thereabouts, and

residing at in the school of
in such
manner as they the said trustees or trustee shall
think fit and most for his advantage. AND UPON
FURTHER TRUST, that when and as soon as the
said C. D. shall attain the age of twenty-one years,
they my said trustees do and shall transfer and pay
the said bank annuities and other the securities
upon which the said sum of £
shall for the

time being be laid out or invested unto him the
said C. D. his executors, administrators, and as-
signs, to and for his and their own proper use and
benefit; with full power, nevertheless, for my said
trustees or trustee, and they and he are hereby
directed, if they or he shall think proper, to pay
or apply the whole or any part of the said monies,
funds, and securities, at any time or times during
the minority of the said C. D. for purchasing him
a commission in the army, or other his promotion
or advancement in life, in such manner as they
shall think best; and also with full power for
them or him my said trustees or trustee, to vary,
alter, and change the said funds and securities
for other funds or securities of a like nature, and