given to him therein, shall cease and be void, to all intents and purposes, as if the same had not been mentioned in this my will, or as if the said were naturally dead; and the same, and the funds out of which the same are hereby made payable, shall go and belong to my said next of kin.

WILLS.

Strict Limitations. (Full Form.)

Clause authorizing Trustees to enable Sons in Treaty for a suitable Marriage to make Settlement.

AND I further desire and direct that if either Sons to make a jointure. of my said sons having completed the twenty-first year of his age, shall be in treaty for a marriage becoming his condition, education, and family, and such as shall be fully approved of by my said wife if she be then living, and the other guardian or guardians appointed by this will, and if such guardians shall be then all dead, by the said trustees or trustee for the time being, he may be enabled, notwithstanding he may be under the age of twenty-four, by the said trustees or trustee to make a suitable legal settlement of all or some part of his share of the real or personal property to which he will be entitled under this my will, upon such intended marriage, the terms and provisions of which settlement shall be in his own. discretion provided only that he enters into such bonds and covenants, and executes such reasonable other assurances, as shall be deemed by the said trustees or trustee as aforesaid, sufficient to bind and secure to the persons entitled to any an

WILLS.

Strict

nuities or benefits out of or charged upon his said share or division of my testamentary property, the Limitations full and regular payment and satisfaction thereof. (Full Form.) And it is my will, that upon such marriage, with such consent and at such age as aforesaid, of either of my said sons, he shall have all the benefit and privileges which have hereinbefore been provided for him on his attaining the age of twentyfour; and that the whole property given to him by this my will shall, upon the said annuities and charges being secured as aforesaid, ultimately and absolutely vest in him, discharged of the said contingency of survivorship in the other brother.

Wife claiming her jointure, not to take under the will.

Clause avoiding Provision for the Testator's Wife if she claim her Jointure.

AND I declare my will to be, that if my said wife
shall insist upon receiving her jointure of

£
per annum, which was settled upon her
by our marriage settlement, and secured by way
of rent-charge upon some of the hereditaments
and premises above devised to my said trustees
upon the trusts hereinbefore-mentioned, she shall
take no benefit under this my will; but the same,
as far as respects any provision for her or dispo-
sition in her favour, shall be void and of no man-
ner of effect and in the event of her attempting
to enforce her claims to such jointure or any part .
thereof, by any of the powers or remedies given to
her or her trustees, by the said settlement for that

purpose, I do direct, that in every such case the trustees or trustee for the time being, under this my will, do and shall, instead of paying to my said wife the annuity or annuities hereinbefore provided for her, or any part thereof, make such disposition of the rents and profits of my said estates hereby devised to them, and which they are hereby empowered to receive, as that eldest son, for whose share the estates charged with the said jointure are hereinbefore intended, may receive a complete indemnification, and the just proportion between my two sons, as to the benefit to be derived to them under this my will, may be equally preserved and maintained.

my

WILLS.

Strict

Limitations. (Full Form.)

Devise of an Advowson.

advowson to

AND WHEREAS I am seised of the advowson (1) Devise of an or right of patronage and presentation of or to present son of the rectory or parish church of

in the

county of
Now I do hereby give
and devise the same unto the said (trustees)
and their heirs, upon the trusts, and for the
ends, intents, and purposes following, (that is
to say) IN TRUST that they the said (trustees)
and the survivors or survivor of them, and the
heirs, executors, or administrators of such sur-

testator.

(1) Devise of an advowson to a college in an university is Advowson. good; Bennett Col. v. Bishop of London, 2 Blac. 1182.

WILLS.

Strict Limitations. (Full Form.)

vivor, and their or his assigns, shall and do, upon the death or resignation of the present incumbent, or other avoidance of the said rectory or parish church after my decease, present to the said rectory or church such of my younger sons (being in holy orders and capable of accepting and holding the same) as my said wife during her lifetime, and after her decease, as my said son or such other of my sons as shall for the time being be in possession of my said estates under the limitations of this my will, shall, in writing under her or his hand, desire or request, or recommend to be presented thereto, and do and shall do all such other lawful acts and things as shall or may be requisite for enabling him to hold and enjoy the same; and on the death or resignation of either of my said younger sons who shall have been so presented, do and shall present some other of my said younger sons so qualified and recommended as aforesaid, to the said rectory or church, to the end and intent that the same church shall and may, so long as the same can or lawfully may, be holden and enIf son not then joyed by one of my younger sons. AND my further will is, and I do hereby desire and direct, that in case neither of my said younger sons shall at the time of any such avoidance be qualified or of sufficient age to be presented to the said benefice, or shall on any other account be incapable To present some of taking or holding the same, THEN IN TRUST

capacitated to

hold,

other person

during such in- that they the trustees or trustee shall and do precapacity. sent some other fit or proper person (with the

approbation or consent of my said wife or such of

WILLS.

Strict

Limitations. (Full Form.)

of resignation.

my said sons as aforesaid,) to such vacant church or benefice, TO THE INTENT, and under and subject to such condition, trust, and confidence, that the person so presented do and shall hold the same during the continuance of such incapacity of my said son or respective sons, and no longer. And And take bond I hereby direct and require my said trustees and trustee to take a sufficient bond or other assurance from the person or respective persons who shall be so presented, for his or their resignation or avoidance of the same church or benefice, when and as soon as any or either of my said younger sons for whom the same shall be designed as aforesaid, shall be capable of taking and holding the same (1). AND UPON FURTHER TRUST, that If no son prewhen all or the last of my said younger sons who shall have been presented, instituted, and inducted to the said church or benefice, or in case no one of them shall take such orders, or be capable of accepting or holding the said church or benefice, then, and in either of the said cases, they the said trustees and trustee shall and do at the request and at the proper costs and charges of my said

son

sented,

heir at law.

or other of my said sons, or other in trust for the person or persons who for the time being shall be entitled to the immediate freehold of my said

(1) That such a bond of resignation will be good; see 1 Roll. Ab. 417; Babington v. Wood, Cro. Car. 180; Johns v. Lawrence, Cro. Ja. 248. 274; Bp. London v. Fytche, 1 Brow. Ch. Ca. 96.

Bond of resignation good.