assigns.

In witness whereof I have set my name to this and

the preceding sheet of paper as together constituting my said

will this

p. 684).

day of

(Attestation as ante,

XCIV. WILL OF MARRIED WOMAN.

Framed in accordance with Married Women's Property Act, 1882.

(Revocation

ment of

Exercise

separate

vested in

THIS IS THE LAST WILL of me A of, &c. of previous testamentary dispositions as ante, p. 682). I appoint AppointX of, &c., and Y of, &c., to be executors and trustees of this trustees my and will (a). In exercise of the power conferred on me by the wili executors. of my late father I hereby appoint the estate of Blackacre to of power of appointmy dear husband for life without impeachment of waste with ment. remainder to my son B in fee simple (b). I give and bequeath Gift of the stocks and shares standing or registered in the names of estate the trustees of my marriage settlement and held by them upon trust for my separate use to my three daughters D, E, and F, to be equally divided between them (c). I devise my separate Devise of separate property known as Whiteacre to my said husband during his property to life or until his second marriage And from and after the death during or second marriage of my said husband I devise the same to my son C in fee simple (d). I direct that my trustees Direction to sell separate and executors shall sell my separate property consisting of property

(a) The husband is not made executor owing to the subsequent dispositions, in which he may forfeit his interest.

(b) Under the old law this power may be validly exercised by a married woman, ante, p. 34.

(c) So, as to separate estate, ante,

p. 34.

(d) Cf. Allen v. Jackson, L. R. 1 Ch. D. 399; reversing S. C. ib. 19 Eq. 634.

trustees.

husband

bachelorhood.

consisting the leasehold estates I lately purchased in the county of

of lease

holds and debentures.

Trust according to religion of beneficiary.

and the railway debenture stock now standing in my name on
the
railway company's register of stockholders
and shall invest the proceeds of such sale (state mode of invest
ment) and shall stand possessed of such investments upon the
trusts following that is to say: Upon trust to pay the income
thereof to my said husband during his life or so long as he
shall permit my children to be brought up in the

religion; and from and after the death of my said husband
or any interference on his part to prevent the bringing up of
my children in the said religion whichever event shall first
happen Upon trust to accumulate the said income by way
of compound interest until my youngest child shall attain
the age of twenty-one years And thereupon to transfer
the said investments and accumulations equally amongst such
one or more of my children as shall have steadfastly continued
members of the said religion And in default of any child
having so continued a member of the said religion to trans-
fer the same to my niece F (a). As to the rest and residue of my
real and personal estate I give devise bequeath and appoint
the same to my sisters K, L, and M to be equally divided

between them.

In witness, &c. (Signature ond attestation as ante, p. 684).

(a) A father is entitled to prescribe | such a bequest as above is valid; cf. the religion of his children (In re Hodgson v. Halford, L.R. 11 Ch. D.

Agar Ellis, L. R. 10 Ch. D. 49,) but 959.

XCV. CODICIL.

Appointing new Trustee and Executor of Will and altering certain Dispositions therein (a).

THIS IS A CODICIL TO THE LAST WILL of me A

of, &c., dated the

day of

I hereby appoint Appoint

ment of

and

Z to be a trustee and executor of my said Will in place of Y new trustee since deceased, and I declare that my said Will shall be read executor. throughout as if the name of Z had been therein inserted instead of that of Y. I direct that the sums of £ and Certain respectively bequeathed by my said Will to C and D be paid

legacies to

free from

of devise

re-devise.

£ shall be paid free of legacy duty within three months after legacy dnty. my decease. I revoke the devise of Blackacre to my son D in Revocation tail and instead thereof devise the same estate to D for life and with remainder to his son E for life with remainder to the first and other sons of E successively in tail male according to seniority with remainder to my own right heirs. In all other respects I hereby ratify and confirm my said will.

In witness, &c. [signature and attestation as ante, p. 684.]

XCVI.-POWER OF ATTORNEY TO GRANT AND EXECUTE

LEASES.

Framed in accordance with Conveyancing Acts, 1881, 1882 (b).

Irrevocable appoint

KNOW ALL MEN by these presents that I, A (appointor) of, &c., do hereby irrevocably appoint B of, &c. (attorney) to ment for

(a) Cf. 4 Dav. Prec. 3rd ed. n. (a) 593, 594.

(b) S. 46, 44 & 45 Vict. c. 41, ante, p. 405; S. 9, 45 & 46 Vict, c. 39. As

to married women's powers of attorney
cf. s. 40, 44 & 45 Vict. c. 41, ante,
P. 395.

one year.

be my lawful attorney for one year from the date of these presents with full authority on my behalf to grant sign and execute leases not exceeding twenty-one years from Michaelmas last past of all or any part of my estates in the parish of in the county of at such rents and subject to such covenants and provisions as he B shall in his discretion

think proper.

In witness, &c.

XCVII.-RELEASE OF COLLATERAL POWER. (a).

THIS INDENTURE made, &c., BETWEEN A of, &c. (donee of power) of the first part, B of, &c., C of, &c., and D of, &c. (objects of the power) of the second part, and X of, &c., and Y of, &c. (trustees of instrument creating power) of the third part WHEREAS by an indenture dated, &c., and expressed to be made between A of the first part E of the second part and X and Y of the third part the hereditaments described in the schedule hereto were conveyed to X and Y and their heirs to the use of E and her heirs until her then intended marriage with A and from and after the solemnization thereof to the use of X and Y and their heirs during the life of E in trust to pay to or permit E to receive the rents and profits thereof for her separate use during her life with remainder to the use of all the children of the said marriage in such manner shares and proportions as E should notwithstanding coverture by any deed or deeds revocable or irrevocable or by will appoint and in default of such appointment to the like uses as

(a) Cf. ib. s. 52, ante, p. 408.

A should by will appoint And in default of such appointment

thereof.

to the use of all the said children their heirs and assigns in equal shares as tenants in common AND WHEREAS there were of objects three children of the said marriage and no more viz. B, C, and D AND WHEREAS E died on the without having exercised her said power of appointment AND

day of

of death of first donee.

of request to release.

WHEREAS A has at the request of B, C, and D agreed to release his said power of appointment NOW THIS INDENTURE Release. WITNESSETH that in pursuance of the said agreement A hereby covenants with X and Y that the said hereditaments shall henceforth be held to the use of B, C, and D in equal shares as tenants in common in fee simple freed, released and absolutely discharged from his said power of appointment. In witness, &c.

Schedule.

XCVIII. DISCLAIMER BY TRUSTEE AND EXECUTOR OF A WILL.

With Variation in accordance with Conveyancing Act, 1882 (a).

TO ALL TO WHOM these presents shall come A of, &c. Recital of (disclaiming trustee) sends greeting WHEREAS X late of

by his will dated, &c., bequeathed all his personal estate to A, Y, and Z upon trust to convert the same into money and to divide the proceeds thereof amongst all his children in equal shares And by his said will he empowered A, Y, and Z to sell his copyhold property as they in their discretion should think proper And directed that on such sale the proceeds thereof should be invested in freehold property which should

(a) 45 & 46 Vict. c. 39, s. 6. Cf. note post, Appendix.

will,