Gift of entire Property to one Person.—Taking, therefore, the simplest case, namely, where a testator leaves all his property to one person, as, for instance, to his wife, the will will read thus:—
I. A. B.———of hereby revoke all former wills and testamentary dispositions made by me and declare this to be my last will. I give all my property to my dear wife C. D., and appoint her the sole executrix of my will. In witness whereof I have set my hand to this my will the ———day of 19—.
| Signed by the above A.B. as his last will in the presence of us, both being present at the same time, who in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
W.——— X. ———. |
A.——— B.———[1] |
Property left to Children.—Where property is left to children under twenty-one, trustees should be appointed to hold it for them until they come of age, with power to apply the income thereof in the meantime for their maintenance and education. The same persons may be appointed executors and trustees.
Gift of Life Interest to Wife, Remainder to Children.—Where it is intended to give a life interest only, the property should likewise be left to trustees in trust to pay such person the income during his, or her, life, and after the decease of such person to transfer it to whomsoever the testator may desire. Taking the ordinary case in which a person desires to provide for his wife for life and afterwards for his children, the will would run thus;[2] I appoint A. B. of ——— and C. D. ——— of trustees of this my will. I give and devise all my real and personal[3] property unto the said A. B. and C. D. upon trust to pay the income thereof to my wife during her life (or during her widowhood) and on her death (or re-marriage) upon trust for my children then living and the issue then living of any child or children of mine then deceased in equal shares except that the issue of any deceased child shall take equally between them the share only which their parent would have taken if he or she had survived, such shares to be paid in the case of males on their attaining the age of twenty-one and in the case of females on their attaining that age or previously marrying.
Death of Legatee during Testator's Lifetime.—If a person to whom a legacy has been given dies in the lifetime of the testator, the legacy will (except in the case mentioned below) belong to the residuary legatee, if such there be, otherwise the property comprised in such legacy, being undisposed of, will be divided according to the Statute of Distributions, that is, among the widow and children, etc., in certain shares. The only case in which a legacy does not thus lapse on the death of the legatee is where it is given to the child or other issue of the testator, who leaves issue living at the testator's death, in which case the legacy goes to the grandchild or grandchildren, etc., unless the will indicates a contrary intention.
Time at which Will takes Effect.—A will takes effect as if it had been made immediately before the death of the testator; for instance, if a testator, after having given specific legacies, were to leave the residue of
- ↑ If the testator is unable to sign, the attestation should be—"Signed by M. N., by the direction and in the presence of the testator A. B., in the presence of us, both being present, etc."
- ↑ The following form may, of course, be varied to suit any circumstances. In many cases the widow is given power to appoint the property as she may think fit among the children, and the testator's declaration of trust is made applicable only in case of a total or partial failure by the widow to exercise such power of appointment.
- ↑ "Real property" consists of freeholds in land or houses; and "personal property" includes all property other than real.
