SECT. VII. WILLS. WILL of a Married Man bequeathing Furniture, &c., to Wife, charitable and other legacies, an annuity, and a sum to one for life, with remainder to his issue per stirpes; general devise and bequest of real and residuary personal estate upon trust for sale and conversion; for investment of proceeds and payment of income to wife during widowhood, with remainder to testator's issue as wife shall appoint, in default, to children equally; advancement and other clauses, and settlement of daughters' shares, and giving them power to appoint life interests to surviving husbands. I &c. [Commencement of will, Form 47; Appointment of executors and trustees, and legacy to each for acting, Form No. 49; Appointment of guardians, Form No. 50; Confirmation of testator's marriage settlement, Form No. 51; Bequest to wife of furniture, &c., Form No. 52; Legacies to charities and servants, Forms Nos. 53 and 54. Bequest to A. for life, and then to his issue per stirpes, Direction that in default of issue of A., legacy shall fall into residue, Form No. 59; Direction that legacies and annuity be paid free of legacy duty, Form No. 60; General devise and bequest of real and personal estate upon trust to sell, pay debts, legaries, &c., and invest the residue, Forms No. 61 and 18; Trusts of investments, to pay income to wife during her widowhood (or for her life for her separate use, and without power of anticipation), Forms No. 62 and 63; Trusts as to capital for issue as she shall appoint; in default, for children equally, as to sons who attain twenty WILLS. No. XLV. WILLS. one, and as to daughters who attain that age or marry; No. XLV. with hotchpot clause, Form No. 64; Ultimate gift of residue. Power to appoint new trustees. Attestation clause. What pro- precedent. Advancement clause, Form No. 65; Settlement of daughters' shares, with power for them to appoint life interests to surviving husbands, Forms Nos. 66, 67, and 70; Declaration that any sum paid or settled by testator on the marriage of daughters be taken into account, Form No. 71]. SUBJECT to the trusts and powers herein before contained or referred to I direct that the trust fund and the income thereof, and all statutory accumulations of income (if any), or so much thereof respectively as shall not have become vested or been applied pursuant to this my will, shall be held in trust for absolutely. [Power for trustees to value and apportion mixed funds, adapt Form No. 43]. I DECLARE that my wife during her life shall have power to appoint a new trustee or new trustees of my will. In witness whereof I have hereunto set my hand. The provisions of the C. A. incorporated in this precedent are the same as those incorporated in Precedent XXXI. (see note to that precedent, p. 236, ante), except the implied covenants, and with the addition of s. 30, which renders unnecessary the devise of trust and mortgage estates. SECT. VIII. MISCELLANEOUS PRECEDENTS. ENLARGEMENT INTO A FEE of the LONG TERM assigned by Precedent XIV. by declaration of the TENANT FOR LIFE of settled estates. MISCELLA- No. THIS INDENTURE made the day of 18 Parties. between H. D. of &c. [tenant for life], of the one part, and E. L. of &c., and L. P. of &c. [trustees], of the other part, supplemental to an indenture of conveyance dated &c., and made between &c., hereinafter called the principal deed [Preced. XIV.] (a). Whereas the said H. D. is now tenant for life in pos- Recital that session under the will recited in the principal deed of E. G. D. deceased, and beneficially entitled in right of the term of one thousand years created by the indenture of the 1st day of June, 1651, also recited in the principal deed, to the possession of the lands and hereditaments comprised in that term, and by the principal deed conveyed to the said E. L. and L. P. for the residue of that term as trustees and upon the trusts of the said will: And whereas there has been no tenant in tail under the limitations of the said will who has attained the age of twenty-one years. NOW THIS INDENTURE WITNESSETH that the said H. D., as the person so beneficially entitled, hereby declares that from and after the execution of these presents the said term of one thousand years shall be and the same is hereby enlarged into a fee simple. H. D. is no tenant in twenty-one. tail attained First testatum. testatum. AND THIS INDENTURE ALSO WITNESSETH that for Second settling the said fee simple so acquired by enlargement Settlement of in the manner in which the same is liable to be settled, fee simple. the said E. L. and L. P., as such trustees as aforesaid, hereby convey unto the said H. D. all the lands and (a) If the term is settled by settlement the deed enlarging it will be described as supplemental to the settlement. OF LONG TERMS. No. XLVI. ENLARGEMENT hereditaments which by the principal deed were assigned to the said E. L. and L. P. for the residue of the said term of one thousand years, and which under the declaration herein before contained have become vested in them for an estate in fee simple, TO HOLD unto the said H. D. in fee simple, TO THE USES, upon the trusts, and subject to the powers and provisions by the will and codicils of the said E. G. D. deceased declared and now subsisting concerning the hereditaments in England and Wales devised by the said will and the codicils thereto (a). In witness &c. No. XLVII. Recitals. That deed supplemental to assignment to testator. Death of testator and ENLARGEMENT OF A LONG TERM INTO A FEE BY EXECUTORS of deceased owner, as to PART of the demised property. TO ALL TO WHOM THESE PRESENTS SHALL COME, X. of &c., and Y. of &c., send greeting: WHEREAS these presents are supplemental to an indenture hereinafter called the principal indenture dated &c., and made between M. of the one part and A. B. (since deceased) of the other part, whereby All those &c [short description] were assigned to the said A. B. for the residue of a term of 500 years created therein, and also in other land and hereditaments by an indenture of lease dated &c. and made &c., at a peppercorn rent payable in respect of all the demised premises: AND WHEREAS the said A. B. died on &c., 1881, being appointment of at his death entitled to the premises comprised in the principal indenture for the residue of the said term, and having by his will dated &c., 1880, appointed the said executors. (a) If a tenant in tail has attained twenty-one, the last witnessing part should be omitted. He may have made a mortgage or conveyance of the leaseholds which might ultimately entitle the mortgagee or some other person to a conveyance of the fee (see C. A. s. 65 (5)). Consequently the trustees should not in that case part with the fee, at least unless they are satisfied that the tenant in tail has not dealt with his equitable interest in the term. OF LONG No. X. and Y. executors thereof who proved the same in the ENLARGEMENT District Probate Registry on &c., And the said term of 500 years is now vested in the said X. and Y. as the personal representatives of the said A. B. so far as regards the said premises comprised in the principal indenture [add if so subject], Subject to the incumbrances affecting the same: NOW THESE PRESENTS WITNESS that the said X. and Y. Testatum. as such personal representatives as aforesaid do and each of them doth hereby declare that from and after the execution hereof the said term of 500 years, as far as regards the land and hereditaments comprised in the principal indenture, shall be and the same is hereby enlarged into a fee simple. In witness, &c. The executors take in that character under s. 65 (4) of the C. A. the like powers of selling and conveying the fee simple acquired by the deed in the text, as they had as executors of selling and assigning the term previous to its enlargement. DISENTAILING ASSURANCE of Land, and Money and Stock subject to be laid out in land to be settled. day of 18 " No. XLVIII. DISENTAILING DEED. settlement. THIS INDENTURE made the between A. F. B. of &c. [tenant for life], of the first part, Parties. R. G. B., eldest son of the said A. F. B. [tenant in tail], of the second part, and T. L. of &c., of the third part: Whereas by an indenture of settlement dated &c., and Recital of made between &c., the manor, park, and mansion of P. in the county of D., the advowson of T., and the impropriate rectory of M. in the same county, and the other lands and hereditaments in the same county in the indenture now in recital mentioned, were by the said W. B. and A. F. B. appointed and conveyed, and also by the said Mary B. (for the purpose of surrendering a jointure rentcharge charged thereon in her favour) released subject to the several incumbrances mentioned in the schedule to the indenture now in recital to affect the |