WILLS.

strators of such survivor, from time to time, if need be, to renew the lease of my dwelling-house and Property in and premises wherein the said trade or business

Small Estates

Trade.

is now carried on, or to purchase the fee-simple
thereof, or of any undivided part or share thereof,
or to take any other dwelling-house, shop or shops,
warehouse or warehouses, or other premises, at
such rent or rents as they shall think proper, for
the purpose of carrying on the said trade or busi-
ness, and to hire and employ any servant or ser-
vants, clerk or clerks, or any other person or per-
sons whomsoever, to be employed therein, at such
salary or wages as they, my said trustees and exe-
cutors for the time being shall think proper, and
to repose in such servant or servants, clerk or
clerks, or other person or persons, so much and
such confidence, trust, power, or authority, in the
conducting and carrying on of the same trade or
business, and in the management, care, and dis-
posal of the stock employed or to be employed
therein, and in the receipt of any debt or debts to
be contracted, in or by the carrying on the trade
hereby directed to be carried on, as they my said
trustees, or the survivors or survivor, shall in his,
her, or their discretion think fit, provided that
after any or either of my said sons shall become
partners or partner in the said trade or business,
such of them as for the time being shall be part-
ners or partner therein, shall have a voice therein,
as well as my trustees and executors for the time
being, so as that in case of a difference in opinion,
the majority of voices shall decide as hereinafter

Trade.

is mentioned; and also to adjust, settle, compro- WILLS. mise, and compound all accounts, reckonings, Small Estates transactions, matters, and things, in which I shall and Property in be concerned or interested at the time of my decease, or which shall be opened or contracted, or shall arise after my decease, and to pay, on any evidences they shall think proper, any debts claimed from my estate, and also to dismiss any such servant or servants, clerk or clerks, or other person or persons; and (with such consent as aforesaid) to hire and employ any other or others in his or their stead, and that from time to time and as often as my said executors shall think proper. And I do hereby will, direct, and de- If the trustees clare, that in all cases where my trustees and exe- differ in opinion, cutors for the time being shall happen to differ in

opinion, the matter of such difference shall be decided by the major part or number of them my said trustees and executors, and be acted upon accordingly. AND I do hereby declare my will to be, that they my said executors, and their respective executors and administrators, shall not be answerable or accountable for any loss or damage which shall come or happen to the stock or capital to be employed in the said trade or business, by bad debts, decay of goods, suit or action, or suits or actions, in any court or courts of law or equity, or any other casualties or accidents whatsoever, or by reason of the trust and confidence which they, or any of them, shall or may place or repose in any servant or servants, clerk or clerks, banker, broker, or other persons with

and executors

the matter in

difference to be

decided by the

majority.

WILLS.

whom any part of the said trust-monies shall or

Small Estates may be deposited or lodged for safe custody, or and Property in otherwise, or for any other loss or damage which

Trade.

may happen about the execution of this my will, or all or any of the trusts hereby in them reposed; and that they my said trustees and executors, and their respective executors and administrators, shall not be charged or chargeable with or for any sum or sums of money, other than such as shall actually and respectively come to his, her, or their hands by virtue of this my will. IN WITNESS, &c. (1).

Attestation, &c.

(1) For the mode of publication, attestation, &c. see InTRODUCTION (ante next after p. 696).

No. III.

The Will or Testamentary Disposition of a Feme
Covert (or other Person) in pursuance of a
Power (1) of Freehold Property.

Variations where the Property is Leasehold.
Where Money in the Funds, &c.

Also where the Will is in execution of a Power to
charge an Estate with the Payment of a Sum of
Money.

Where it is by a Feme Covert solely by the Assent of
her Husband.

THIS

HIS IS THE LAST WILL AND TESTAMENT or testamentary writing {or testamentary appointment}

WILLS.

By Feme Covert or Person under

a Power.

(1) A feme covert may, with the consent of her husband, Will by feme dispose by will of the whole or any part of her personal estate, covert, notwithstanding the statute of 34 Hen. 8, see Marriot v. Kinsman, Cro. Car. 219; Ross v. Ewer, 3 Atk. 160; Rich v. Cockell, 9 Ves. jun. 369, provided she be of the age of twelve years, Co. Lit. 89, b. n. (6), as she may also without such consent, if by an agreement before marriage she have the en

WILLS.

of me (the testatrix or testator), WHEREAS by in

By Feme Covert, dentures of lease and release bearing date respec

or Person under a Power.

Leaseholds.

Joyment of the property as a feme sole; Fettiplace v. Gorges, 1 Ves. jun. 46; 3 Brow. Ch. Ca. 8, S. C.; Gore v. Knight, 2 Vern. 535; Stone v. Forsyth, 2 Doug. 707; Scammell v. Wilkinson, 2 East, 552; Rich v. Cockell, 9 Ves. jun. S69; and a similar power may be given to her over her real estates, whether before or after marriage, Wright v. Cadogan, 1 Brow. Par. Ca. 486. But it is to be observed, that the assent of a husband after marriage to his wife's making a will, extends only to such property as she possessed at the time of the marriage, and not to such as may have since descended to her, unless the power expressly extend to estates subsequently coming to her, 2 Ves. 190. And it also seems that a feme covert may exercise a power of appointment of land by a testamentary instrument, notwithstanding her coverture; see Rich v. Beaumont, 6 Brow. Par. Ca. 152; Burdet v. Man, 1 Ves. 159, provided she is of age; Neale v. Greenbank, 1 Ves. 298; and so also of property which she holds in autre droit, as executrix or the like; Scammell v. Wilkinson, 2 East, 552; and see INTRODUCTION TO " WILLS," ante, next after

(1) If the subject be leaseholds, say,

p. 696.

"WHEREAS by an indenture of assignment by way of settlement, bearing date the

was in the year

which

day of and made or expressed to be made between, &c. the messuages or tenements and premises hereinafter described, were assigned unto (the trustees) of, &c. their executors, administrators, and assigns, UPON TRUST in case of failure of issue of the said then intended marriage, to assign and transfer the same unto such person and persons, and for such term or number of years, not exceeding the then residue of the said term of

years, and in such parts, shares, and proportions, and in such manner and form, and for such ends, intents, and purposes as I, the said (testatrix) at any time or times, and either