and effects whatsoever and wheresoever, both real and personal, and whether in possession, reversion, or expectancy, unto my dear wife, her executors, administrators, and assigns, absolutely,

to and for her and their own use and benefit.

5.-Form of a Will, for a Married Woman to bequeath her separate personal estate.

Whereas I am possessed, as my separate property, independently of my said husband, of certain personal estate, namely,

which I am entitled to dispose of by Will. Now, in exercise of the said power vested in me, I hereby dispose of the same in the following manner that is to say, I give and bequeath unto

to and

6.-Form of a Will, where the Property is left in Trust for Testator's Children, and the Portions of Daughters are settled for their own separate use.

Secondly, I give, devise, and bequeath all and every my household furniture, linen, wearing apparel, books, plate, pictures, china, horses, carriages, carts, and also all and every sum and sums of money which may be in my house, or about my person, or which may be due to me at the time of my decease; and, also, all other my monies invested in stocks, funds, and securities for money, book-debts, money on bonds, bills, notes, or other securities, and all and every other my estate and effects whatsoever and wheresoever, both real and personal, whether in possession, reversion, remainder, or expectancy, unto

and the survivor of them, or the heirs, executors, administrators, or assigns of such survivor, upon trust, as soon as conveniently may be after my decease, to collect, get in, and receive such parts thereof as shall consist of money, or securities for money, and to sell and dispose of the residue of my said estate, real and personal, and effects, either by public auction or private contract, as to my said executors shall seem meet, and when and as the same shall come to their or either of their hands, upon trust, to invest the same in some or one of the Government stocks or funds of Great Britain, upon trust, for my children, viz.,

to be divided in equal shares and proportions amongst them, their respective executors, administrators, and assigns. Nevertheless, the shares of my said daughters to be subject to such limitation and settlement as is hereinafter contained. And I direct that it shall be lawful for my executors, and the survivor of them, or the trustees or trustee for the time being of this my Will, to pay and apply the whole, or such

part as they in their discretion shall think fit, of the interest, dividends, and annual produce arising from the share or shares of such of my children whose share or shares, or the interest, dividends, and annual produce of whose share or shares shall not have become payable to them under the terms of this my Will, in and towards their maintenance and education. And I declare that the shares of all my said children shall be considered as vested interests, and, as to sons, shall be paid or transferred to them on attaining the age of twenty-one years. But my will and mind is, notwithstanding anything hereinbefore contained, that the respective shares of my said daughters shall not absolutely vest in or be paid to them, but that the said shares of each of them my said daughters shall be held by my said trustees in their own names, upon trust, that they, and the survivor of them, or the trustees or trustee for the time being of this my Will, do and shall, from time to time, when and after my said daughters shall have attained their age of twenty-one years respectively, or have married, which shall first happen, during the natural life of each of them my said daughters, pay, or cause to be paid, all the interest, dividends, and annual produce of the respective share of such daughter of and in the said trust monies as the same shall accrue and be received, into the proper hands of such daughter respectively, or to such person or persons as she in writing signed with her own proper hand shall, notwithstanding any coverture, direct and appoint for her sole and separate use, benefit, and disposal, free from the power, control, debts, and engagements of any her husband, and the receipt or receipts of such daughter alone, or of such person or persons to whom she shall so direct or appoint the same to be paid as aforesaid, shall be a good and effectual discharge for so much of the said interest, dividends, and annual produce as shall be therein expressed and acknowledged to be received. And from and after the decease of each of them my said daughters respectively, I direct that my executors, or the trustees or trustee for the time being of this my Will, shall stand possessed of and interested in the share or shares of such daughter or daughters respectively, in trust for such person and persons as such daughter or daughters respectively shall, by deed or will, notwithstanding coverture, or whether covert or sole appoint, and in default of any such appointment, or so far as any such appointment (if incomplete) shall not extend, in trust for such of them my said daughter or daughters respectively, their respective executors, administrators, and assigns, to be applied as part of their personal estate. And in case any or either of my said children shall die, being a son or sons, before the age of twenty-one years, or, being a daughter or daughters, before the like age, or being married, which shall first happen, then and in

such case the share or shares intended for him, her, or them so dying as aforesaid, shall be in trust for the survivors or survivor of such my said children, to be divided, if more than one, in equal shares and proportions amongst them, and if only one, then in trust for such only child, his, her, or their respective executors, administrators, or assigns, and to be vested interests in him, her, or them respectively. Nevertheless, the share or shares therein of my said daughters or daughter respectively to be subject to such limitation and settlement as is hereinbefore contained respecting their respective original share or shares. And I hereby declare that the receipt or receipts of my executors, or the trustees or trustee, for the time being, of this my Will, to the purchaser or purchasers of any part of my estate or effects, or to any person or persons who shall have any of the trust monies in their, his, or her hands, shall be a good and sufficient discharge for so much money as in such receipt or receipts shall be expressed to be received. And I further direct that in case either of my executors hereinafter named, or any future trustee or trustees to be appointed under this provision in their place, or the place of any of them, who shall die, or become unwilling or unable to act in the aforesaid trusts before the said trusts shall be fully executed and performed, then, and as often as the same shall happen, it shall be lawful for the surviving or continuing trustee or trustees of this my Will, or the executors or administrators of the last surviving trustee, to nominate any fit person or persons to supply the place or places of the trustee or trustees respectively so dying, or becoming unwilling or unable to act as aforesaid. And that immediately after every such appointment, the said trust monies, stocks, funds, or securities shall be assigned and transferred so that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees, or in such new trustee or trustees solely, as the case may require, subject to the trusts aforesaid, and such new trustee or trustees shall be competent to exercise all the powers and authorities whatsoever hereinbefore contained, in the same manner, to all intents and purposes, as if he or they had been appointed trustee or trustees in and by this my Will. And I do hereby declare that my said executors hereby appointed, and also the trustee or trustees to be appointed, by virtue of the provision lastly hereinbefore contained, severally and respectively, and their several and respective heirs, executors, and administrators, shall be charged and chargeable with such sums of money only as they shall respectively actually receive by virtue of the trusts hereby reposed in them, notwithstanding their joining in signing any receipt or receipts, or doing any other act, for the sake of conformity, and that they, or any of them, shall not be answerable or accountable for any misfortune, loss,

or damage which may happen in the execution of the aforesaid trusts, or in relation thereto (except the same shall happen by or through his, her, or their own wilful act, neglect, or default), and in that case each person shall be answerable only for such loss or damage as shall arise from his own act, neglect, or default. And I do further declare that my executors herein named, and such future trustee or trustees to be appointed as aforesaid, severally and respectively, and their several and respective heirs, executors, and administrators, shall and may, out of the monies which shall come to their hands by virtue of the trusts aforesaid, deduct, retain, and reimburse to himself and themselves respectively all costs, charges, and expenses which they, or any of them, may sustain or incur in or about the execution of the trusts of this my Will.

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FORMS OF SPECIAL LEGACIES AND BEQUESTS.

Pecuniary Legacies.

I give and bequeath unto (name and description of legatee) the sum sterling money, to be paid to (him or her) immediately (or "within one or "six calendar months," as may be purposed) after my decease (free of legacy duty).

NOTE. Care should be taken to give such a proper description of the legatee, as that no doubt may be entertained as to the person intended; also, as to the time within which the legacy is to be paid, if an early payment is intended. Where no time is specified for the payment, the executor, generally speaking, is by law allowed twelve months for the purpose. And, if it is to be free of legacy duty, it should be so stated.

Where several legacies are given, they may be thus assembled:

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'I give and bequeath the following sums to the persons hereinafter mentioned; that is to say, to (name and description of the legatee) the sum of ; to (name, etc.) the sum of

etc., etc."

Or,

"I give and bequeath unto each of my friends (names and descriptions) the sum of and a mourning ring of the

value of

of

Or,

"I give and bequeath unto my friend (name and description) the sum

of me."

Legacy to Executor.

"I bequeath to my friend and executor (name and description) the sum of , as a remembrance of me, and as some remuneration for the trouble he may be put to in the execution of this

Legacy to a Married Woman for her own separate use.

my

will."

"I give and bequeath unto (name and description), wife of the sum of to be paid into her own proper hands, in order that the same may be enjoyed and disposed of by her as her own separate property, free from the control of her present or any future husband, and for which said legacy her receipt shall be a sufficient discharge."

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Legacies to Servants.

"I give to my old and faithful servant (name and description) the sum ; also a suit of mourning."

Or,

"I give to my servant (name and description) if (he or she) shall continue in my service to the time of my decease, the sum of

Or,

"I give to each of my domestic servants who shall be in my service at the time of my decease (or, "who at the time of my decease shall have been in my service for years or upwards") the sum of

Specific Bequest of Stock.

I give and bequeath to (name and description) the sum of £ Three per Cent. Consolidated Bank Annuities (or other Stock, as the case may be, to be properly described as on the printed transfer of the said Stock) now standing in my name in the books of the Governor and Company of the Bank of England. (And I direct that the said legacy be deemed a specific legacy.)"

NOTE. In this case the amount of Stock, and not its value in money, is bequeathed; hence, by any alteration of circumstances, in the event of the testator not possessing such an amount or such description of Stock at the time of his death, the legacy could not take effect. To obviate such a contingency the words between ( ) may be omitted, and replaced by the following:

Bequest of Stock not to be Specific.

"And if it shall happen that at the time of my decease I be not possessed of the amount of £ Three per Cent. Consolidated

Bank Annuities (or other Stock as the case may be), then I direct my executor to purchase or otherwise make up that sum out of my personal estate, and to transfer the same to the said

(his or her) own absolute use."

for