which has since been adhered to, and which is this; that where the charitable bequest is through the medium of trustees; whether all the trustees are dead, or some being dead, the discretion is either wholly or partly gone; or surviving trustees refuse to act; or some are willing to act, and the others refuse: in all those cases the court distributes the fund by means of a scheme; but where the object is charity without a trust interposed, the constitution, in the language of Lord Chief Justice Wilmot, finds a trustee in the King, as parens patria, who executes it by sign manual; exercising a discretion with reference to the intention of the testator. Moggridge v. Thackwell, 7 Ves. 85. Paice v. Archbishop of Canterbury, 14 Ves. 364.

APPENDIX

OF

PRECEDENTS.

NUMBER I.

A Man possessed of Money, Plate, Household Goods, a Leasehold Estate for Years; another for Years determinable on the Deaths of Three Persons named in the Lease; and having divers Sums of Money due to him; but is not possessed of any Real Estate, gives the whole to his Wife.

IN THE NAME OF GOD, AMEN. I John Stiles, of Cheapside, in the city of London, linen-draper, being in health of body, and of sound mind, memory, and understanding, do make this my last will and testament in manner and form following: I give, devise, and bequeath, unto my beloved wife, Mary Stiles, all my money, securities for money, goods, chattels, estate, and effects, of what nature or kind soever, and wheresoever the same shall be at the time of my death. And I do nominate, constitute, and appoint my said wife sole executrix of this my last will and testament, hereby revoking and making void all and every other will or wills at any time heretofore by me made, and do declare this to be my last will and testament. IN WITNESS whereof, I the said

John Stiles have hereunto set my hand and seal this in the year of our Lord 18

day of

Signed, sealed, declared, and published,

by the abovenamed John Stiles, as and

for his last will and testament, in JOHN STILES.
the presence of us, who, at his request,
and in his presence, have subscribed

our names as witnesses thereto,

THOMAS JOnes.

RALPH HICKES.

NUMBER II.

An unmarried Woman or Spinster, possessed of Money, Household Goods, and other Personal Estate.

1. Wills to be decently buried in her parish church.

2. Gives 500l. to one Brother, 600l. to another, and 300l. to a Nephew, to be paid when he attains twenty-one Years of Age; Interest thereof, in the mean time, to be applied towards his Maintenance and Education.

3. Residue to a Brother, whom she appoints Executor.

IN THE NAME OF GOD, AMEN. I Sarah Matthews, of German-street, in the parish of St. James's, in the liberty of Westminster, and county of Middlesex, spinster, being in health of body and of sound mind, memory, and understanding, do make this my last will and testament in manner 1. and form following: FIRST, I will and desire that I may be decently buried in the parish church of St. James's 2. aforesaid. AND I give and bequeath unto my brother John Matthews, the sum of 500l.; Also, I give and bequeath unto my brother William Matthews, the sum of 600l.; Also, I give and bequeath to my nephew William Matthews, son of my brother Thomas Matthews, deceased, the sum of 300.; to be paid to my said nephew, when he

a Figures are put here for the sake of brevity, and so in the other forms hereafter laid down: yet it is proper to write the whole of the will in words, and that without any contractions.

If the testator makes two parts of his will, say, next after the word "thereto," as we have likewise done to a duplicate thereof.

attains twenty-one years of age; and the interest thereof in the mean time to be paid and applied towards his maintenance and education, in such manner as my executor 3. hereinafter named, shall in his discretion think fit. ALL the rest and residue of my money, goods, chattels, estate, and effects of what nature or kind soever, I give and bequeath unto my brother James Matthews; And I do nominate, constitute, and appoint, my said brother James, sole executor of this my last will and testament; hereby revoking and making void all and every other will and wills at any time heretofore by me made, and do declare this to be my last will and testament. IN WITNESS whereof I have hereunto set my hand and seal, this day

of

in the year of our Lord 18

Signed, sealed, &c. SARAH MATTHEWS. [as in No. I.] }

}

NUMBER III.

A Widow, possessed of Goods, and Houses held by Leases for Terms of Years.

1. Gives an House and some Household Goods to a Son. 2. Another House to a Daughter.

3. Residue to another Son, and appoints him Executor.

IN THE NAME of God, Amen. I Mary Kemp, of the borough of Honiton in the county of Devon, widow, being sick and weak in body, but of sound mind and memory, do make and declare this my last will and testament, in man1. ner and form following: I give, devise, and bequeath unto my son John Kemp, all that my leasehold dwelling-house, messuage or tenement, situate and being in the borough of Honiton aforesaid, now in the tenure or occupation of Francis Holland, cabinet maker; And also my bureau and bookcase, with glass doors, my silver quart two

M.

handled cup, marked I. K., my large mahogany square 2. table, and mahogany pillar and claw table. ALSO, I

give, devise, and bequeath, unto my daughter Elizabeth Kemp, all that my leasehold dwelling-house, messuage, or tenement, situate and being in the parish of Coombrawley, in the said county of Devon, and now in the tenure or oc3. cupation of Thomas Jones, butcher. ALL the rest, resi

due, and remainder of my estate and effects, of what nature or kind soever, I give, devise, and bequeath, unto my son Thomas Kemp; and I do hereby nominate, constitute, and appoint my said son Thomas sole executor of this my last will and testament. IN WITNESS whereof I have hereunto set my hand and seal, this of in the year of our Lord 18

MARY KEMP.

day

NUMBER IV.

A married Woman, by virtue of a Settlement made previous to her marriage, disposes of Personal Estate.

1. Mentions her Marriage Settlement.

2. Gives 200l. to her Husband; 100l. to her Brother; and 100l. to a Cousin.

3. Residue to be equally divided between a Nephew and Niece, if living at Testatrix's death; if either be dead, deceased's Share to go to the Survivor.

4. Appoints her Brother sole Executor.

IN THE NAME OF GOD, AMEN. I Elizabeth Mills, now wife of John Mills, of the parish of Saint Margaret, Westminster, in the county of Middlesex, esquire, late Elizabeth Field, spinster, being sick and weak in body, but of sound and disposing mind, memory, and understanding, do hereby, in pursuance and exercise of the power and 1. authority given and reserved to me, in and by the settle ment made previous to my marriage with the said John Mills, and by force and virtue of all and every the power and powers, authority and authorities in me being, or enabling me thereto, make my last will and testament in 2. manner following; that is to say, I give and bequeath unto my beloved husband the sum of 2007.; Also, I give and bequeath unto my brother, William Field, the sum of 100l.; Also, I give and bequeath unto my cousin Ann Soam, 3. widow, the sum of 1007. ALL the rest, residue, and remainder of my estate and effects, of what kind or nature soever, which I have, or shall have right to dispose of, I give and bequeath unto my nephew and niece, James and Mary Field, equally to be divided between them, in case they