WILLS. By Feme Covert, or Person under a Power. as tenants in at the time aforesaid; BUT if I shall leave no child or children living at my decease, or if all and every of them shall afterwards die before they or any of them shall have attained their respective ages of twenty-one years, then and in such case Devise to sisters UPON TRUST for, and I hereby give and devise, and limit and appoint the same last mentioned trust premises, and every part thereof, to my sisters, the said and and their heirs, as tenants in common, and hereby direct my said trustees, and the survivor of them, and his heirs, to release, convey, and assure the same unto and to the use of them the said common. To husband in fee. Bequest of wearing apparel. and their heirs and assigns accordingly. AND I direct that if either of them my said sisters shall die in my lifetime, or before she shall become entitled to the premises hereby devised, that the part or share of her so dying, shall go to the survivor of them, her heirs and assigns, and be conveyed and assured to her and her heirs by my said trustees, or the survivor of them, or his heirs accordingly. PROVIDED ALWAYS, that if both my sisters shall happen to die in my lifetime, then I do hereby direct my said trustees, and the survivor of them, and his heirs, to release, convey, and assure the said last mentioned premises unto and to the use of my said husband, his heirs and assigns for ever, to whom in that event I give and devise, and limit and appoint the same. AND I hereby give and bequeath unto my said sisters all my wearing apparel which I shall be possessed of or entitled unto at and a Power. residue. the time of my decease, to be equally divided be- WILLS. tween them, or if either of them my said sisters By Feme Covert, shall happen to die before me, then I give and or Persom under bequeath the whole thereof to the survivor (1). AND as to all the rest, residue and remainder of Bequest of my estates and effects whatsoever, whether real or personal, not hereinbefore specifically bequeathed or disposed of, subject to and after payment of all my just debts, funeral expenses, and the charges of proving this my will, I hereby devise, bequeath, Money in the funds. (or as the (1) If the power to appoint be of money in the funds, say, " AND WHEREAS MY late husband case may be) by his last will and testament in writing, bearing date, &c. gave and bequeathed the sum of £ three per cent. consolidated bank annuities, unto and therein named, upon trust to pay the dividends and interest thereof to me for my natural life, and after my decease, to pay, assign, and transfer the said principal sum unto such person or persons, and for such intents and purposes as I should, by my last will and testament in writing, or any writing in the nature of or purporting to be my last will and testament, or any codicil or codicils thereto, to be respectively by me signed, sealed, and published in the presence of and attested by three or more credible witnesses from time to time, give, bequeath, direct, or appoint the same. Now in pursuance of the powers in me vested in or by the said in part recited will, I the said (testator) do, by this my last will and testament, or testamentary writing by me made and executed in the presence of and attested by the two credible persons whose names are hereunder written, direct and appoint, and give and bequeath the said sum of £ three per cent. consolidated bank annuities, unto, &c." See ante, p. 586, et seq. WILLS. By Feme Covert, a Power. Trustees, &c. uot to be answerable for each other. and dispose of the same, and every part thereof, to my said husband his heirs, executors, or Pers under administrators, and assigns. AND I hereby further declare it to be my will, and I do direct that my trustees, or either of them, their or either of their executors and administrators, shall not be responsible or accountable for, or charged or chargeable with more of the aforesaid estates or effects, or the monies arising therefrom, than he or they shall actually receive or shall come to their respective hands by virtue of this my will, or the trusts thereof; nor with or for any loss or reduction which shall or may happen in or to the same, or any part thereof, so as such loss happen without their respective wilful neglect or default; nor the one of them my said trustees or executors for the other of them, or for the acts, deeds, receipts, disbursements, neglect, or default of the others or other of them, but each for himself only. AND ALSO, that it shall and may be lawful for they my said trustees and executors, and each of them, and the survivor of them, and his heirs, at and upon all times and occasions whatsoever, in the first place by and out of my said estates and effects or the monies arising therefrom, to deduct and reimburse himself and themselves respectively, and pay to their respective co-trustees and co-executors, all such costs, charges, and expenses as he, they, or any of them shall sustain, expend, or be put unto in or about the execution of this my will, or the trusts thereof, or any thing in any wise relating Trustees, &c. to retain their expenses. and thereto. AND LASTLY, I hereby, in further pur- WILLS. By Feme Covert, executors of or Person under a Power Appointment of executors. (1) Whether executors can be appointed unless authorised by the power, see Rex v. Buttesworth, 2 Stra. 89. (2) Unless the wife exercise her power to make a will, the Husband adhusband has an exclusive right to administer if he survive her, ministrator. and if he die before he has received a legacy left to her in his lifetime, the administrator de bonis non, &c. will be a trustee for his executors or administrators; see Humphreys v. Bullen, 1 Atk. 458. (3) Care must be taken that this will be signed, sealed, and Attestation, &c. attested in the precise manner required by the power of which it is an execution; vid. Longford v. Eyre, 1 P. Wms. 741. Rich v. Cockbell, 9 Ves. 78. Moodie v. Reed, 1 Madd. 516, 2 ib. 156. Doe v. Pearce, 6 Taunt. 402. Doe dem. Hodgkiss v. Pearce, 2 Mar. 102; and ante, INTRODUCTION (next after p. 696). WILLS. Codicil. No. IV. A Codicil to a Will. THIS bearing date, &c. {or the above written last will and testament of me, &c.} and which I desire may be considered as annexed to and be taken as part thereof. WHEREAS, &c. (2). Now I do hereby revoke the legacy so given to the said, &c. AND WHEREAS since making my said will, I have purchased an consisting of, &c. Now I do devise the same estate and premises, with the estate in Form of codicil. Recital of will. (1) The form of a codicil is not material, so that it be expressed to be, or be clearly intended as an addition to the testator's will; and it may be used for the purpose of revoking, republishing, adding to, or otherwise varying the dispositions made by such will, or by substituting new executors in the room of any who may have died, &c. since the publication of the will; it is not, however, correct to appoint them originally by this instrument where none were named in the will. (2) If an alteration or a revocation be intended to be made in the bequests of the will, it will be proper to recite here the part of the will which is designed to be so altered or revoked. A codicil not being presumed to be a revocation unless it distinctly appear to have been so intended, Griffith v. Greene, 1 Jac. and Wal. 33. |