to accept any composition or security for, or allow time [either with or without composition or security] for the payment of debts owing to my estate, without liability for loss.

IN WITNESS WHEREOF, &c., (as in n. 1223.)

1230. WILL of a MARRIED WOMAN appointing an absolute INTEREST in PERSONALTY to her HUSBAND, [with legacies to other persons,] under the usual SETTLEMENT POWER in default of CHILDREN.

I, M. B., the wife of A. B., [formerly M. H., spinster,] in exercise of my power under my marriage settlement [dated, &c.] with the said A. B., revoke my previous testamentary dispositions, and declare my will to be as follows:

(1.) IN EXERCISE of my said power, I appoint that [on failure of the trusts of the said settlement preceding the trust for me if I should survive my said husband, otherwise for such person or persons as I should by will or codicil appoint,] the premises comprised in the settlement shall be held [after paying my funeral and testamentary expenses and debts] As to dollars, in

trust for L. M.; as to

dollars, IN TRUST for N. O.; AND as to the residue thereof, IN TRUST for my said husband.

(2.) I APPOINT the trustees or trustee of the said settlement at

my death executors or executor of my will.

IN WITNESS WHEREOF, &c., (as in n. 1223.)

1231. WILL of a MARRIED WOMAN_appointing a LIFE ESTATE in PERSONALTY to a HUSBAND.

I,

the wife of A. B., [formerly

spinster,] in exercise of my power under the will [dated, &c.] of X. Y., appoint that the trustees or trustee of the said will shall pay the income of the trust premises to my said husband [if he shall survive me] during his life.

IN WITNESS WHEREOF, &c., (as in n. 1223.)

1232. WILL of HUSBAND appointing LIFE ESTATE in PERSONALTY to WIFE.

, in the county of revoke my previous testament

ary dispositions, and declare my will to be as follows:

(1.) IN EXERCISE of my power under the will [dated, &c.] of X. Y., I appoint that the trustees or trustee of the said will shall pay the income of the trust premises therein comprised to my wife [if she shall survive me] during her life.

(2.) I BEQUEATH, (bequests, powers, and appointment of executors as in other wills.)

IN WITNESS WHEREOF, &c., (as in n. 1223.)

revoke my previous testamentary dispositions, and declare my will to be as follows:

(1.) I BEQUEATH to my brothers, C. D. and E., Special and to my sister, G. H., my plate and trinkets, bequest to equally.

brothers and sister.

Devise in

(2.) I BEQUEATH my personal estate, not hereby otherwise disposed of, to M. N., T. M., and S. P., trust. their executors, administrators, and assigns; as to insurance shares, UPON TRUST to

my

fund.

pay the income thereof [including bonuses] to my father's widow, X. Y., during her life, and subject Life interest to thereto, in trust for my niece, J. K., if she father's widow shall attain twenty-one years or marry, otherwise out of special for my nephews, L. M. and N. O., equally; the first bonus after the death of the said X. Y., not to be apportioned in her favor, but to go as income of the year in which it shall become payable;

invested.

AND as to the residue thereof, UPON TRUST that the Residue in said M. N., T. M., and S. P., or the survivors or sur- trust to be vivor of them, his [executors or administrators] or realized and their or his assigns, shall either retain or realize my invested personalty and the investments under this trust, and shall realize all any other personalty, investing the moneys realized [after paying my funeral and testamentary expenses, debts, and legacies] in or upon any stocks, funds, shares, or securities, (here name and except any that are objectionable,) or the personal security of any person.

(3.) THE INCOME of the trust premises shall be paid Appointment as follows, that is to say: DURING such part of the of income joint lives of my said sister, G. H., and her aunt, U. thereof. V., as my said sister shall have done nothing whereby During joint

lives of sister

and aunt inalienably to sister.

the same, or any part thereof, might [if her absolute property] become payable to some other person, to my said sister, for her separate use; AND after determination of such trust otherwise than by the death of my said sister, G. H., or the said U. V., and thenceforth during their joint lives, UPON TRUST, in the sole discretion of my said trustees or trustee, to pay or apply the same, or any part thereof, to or for the benefit either of my said sister or of the persons or any person who, if my said sister were then dead, would be entitled thereto under the subsequent trusts. SUBJECT as aforesister, aunt her said, the premises shall be held IN TRUST [if my said sister shall die in the lifetime of the said U. V.] for the children equally, or child, if but one, of my said sister, attaining twenty-one years, or [being daughters or a daughter] marrying; and, on failure of the foregoing Devise over to trusts, IN TRUST, in equal shares, for such of my said brothers, C. D. and E., as shall be living at my death, or shall be then dead leaving issue then living, their respective executors, administrators, and assigns.

On death of

surviving, to

sister's children.

brothers.

Power to raise and apply funds for main

tenance and education.

of new trustees.

(4.) PROVIDED (1.) THAT my said trustees or trustee may raise and apply for any minor's benefit half or less of his or her interest under the trust, and apply the income of his or her said interest for his or her maintenance and education, [payment to a guardian being deemed such application,] and accumulate any surplus upon the trusts, and with the powers of the principal from which the same proceeded, or the income thereof; Trustees' re- (2.) THAT the trustees' receipts shall discharge persons ceipts to be paying purchase or other money, or transferring trust discharges. property, from liability in regard to the application Appointment thereof; (3.) THAT the surviving or continuing trustees or trustee [or the executors or administrators of the last surviving or continuing trustee] may appoint one or more persons in the place and with the powers of every original or future trustee who shall die, retire, or be abroad, or refuse or become incapable to act, the premises being on each appointment either revested or not at discretion. The vacancies may be supplied at the same or several times, and in any order, and so that any one or more may be left unsupplied,] and, if occasioned by the death of an original trustee or trustces, whether such death shall precede mine or not; and every refusing or retiring trustee shall be deemed continuing, for the purpose of supplying, if willing, his own or any other then subsisting vacancy; (4.) THAT

every trustee and executor of my will who may be a Payment of solicitor or attorney [including the said

shall solicitor as such, though also trustee.

be entitled to the same professional remuneration as if he had not been such trustee or executor.

(5.) I APPOINT my wife [and such persons as she Appointment shall by will or codicil appoint] the guardian and guard- of guardians. ians of my children during their respective minorities;

I DEVISE my trust and mortgage estates [subject to the
equities subsisting therein] UNTO and TO THE USE of the
said
their heirs, executors, administrators,

and assigns, the mortgage money being taken as part

of my personal estate; AND I APPOINT the said M. N., Appointment T. M., and S. P. my executors, with power for them of executors. and every acting executor of my will to compound or satisfy claims against my estate upon any evidence, and to accept any composition or security for, or allow time [either with or without composition or security] for the payment of debts owing to my estate, without liability

for loss.

IN WITNESS, &c., (as in n. 1223.)

1234. WILL-SPECIFIC DEVISE of REALTY.-SPECIFIC BEQUEST of BOOKS, FURNITURE to furnish a residence for TESTATOR'S WIFE, PICTURES, and ARTICLES of VERTU.-ANNUITY to WIFE, DEDUCTING her LIFE INTEREST under other SETTLED PROPERTY.-LEGACY of $ in TRUST for a

of

SON and DAUGHTER of TESTATOR, not advanced by him.RESIDUE, as to ONE MOIETY to Two ADVANCED CHILDREN absolutely; as to the other MOIETY to the Two CHILDREN not advanced, the DAUGHTER'S INTEREST in the LEGACY and RESIDUE being settled upon HERSELF and her CHILDREN. I, A. B., of

of

and Province of Canada,

in the county

revoke my previous testamentary dispositions, and declare my will to be as follows:

of

(1.) Í DEVISE my lands in

called

in the county Lands to son. with the appurte

nances, TO THE USE of my son, A., and his heirs.

(2.) I BEQUEATH to my wife and two daughters, B. Specific books and C., such octavo volumes [not exceeding twenty-five to wife and apiece] as they shall respectively select from my library; daughters. to the said A. the residue of my library; to my said

ficient for a small house to wife.

Annuity to

Furniture suf- wife such articles of my household furniture as my executors herein after appointed shall select as sufficient to furnish a small house [the selection so made to be conclusive on my said wife, both as to the choice and sufficiency for the purpose aforesaid of the articles selected;] to my said wife, during her life, an annuity of $ payable in equal parts, half-yearly, and first at the expiration of six calendar months from my death [but so that from each payment thereof my trustees or trustee for the time being shall retain and appropriate, as income arising from my residuary estate, herein after bequeathed, an amount equal to the clear income payable to my said wife during the then preceding half-year, in respect of her life interest, under the will [dated, &c.,] of X. Y., in a certain estate at

wife, deducting her life interest, under other settled property.

aforesaid;] and to M. N., T. M., and S. P., their executors, administrators, and assigns, $ A specific fund to be held upon the trusts and subject to the clauses and provisoes herein after expressed concerning the

in trust.

Specific undisposed residue

in trust to divide in specie.

Residue of personalty in

trust, with proceeds of realty under trusts for sale, to be invested,

In trust to pay
annuity to
wife.

same.

(3.) I BEQUEATH my personal estate, not hereby otherwise disposed of, unto the said M. N., T. M., and S. P., their executors, administrators, and assigns; As to pictures, prints, coins, trinkets, and other articles of vertu, UPON TRUST to divide the same in specie, as nearly equal as may be, among my said wife, my said children, B. and C., and my child D. [and so that the division made by my said trustees or trustee shall be conclusive upon my said wife and children;] AND as to all other my personal estate, UPON TRUST that said M. N., T. M., and S. P., or the survivors or survivor of them, his [heirs] executors or administrators, or their or his assigns, shall either retain or realize my invested personalty and the investments under this trust, and shall realize all my other personalty, investing the moneys realized and the said sum of $ and my ready money [with the sale moneys of my real estate, devised in trust for sale,] [after paying my funeral and testamentary expenses, debts, and legacies] in or upon any stocks, funds, shares, or securities, (here name and except any objectionable securities,) or the personal security of any person.

(4.) THE TRUST PREMISES shall be held UPON TRust, to satisfy, out of the income thereof, [other than arising from the said sum of $ ,the said annuity to my said wife, without being obliged to appropriate or purchase any [$3 per cent. consols,] or other specific