Deposit the original will by Gupta

V7_CH63

1014 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
deposit the original will?see sec. 45, ibid.  Section 46 of the Registration
Act, 1908 empowers the courts by order to compel production of the will.
If a will is registered, it ensure two-fold benefits viz., (1) the contents of
the will remain undisclosed till the testator?s death and (2) the bona fide
nature of the will cannot be lightly challenged in probate proceedings.
However, the mere fact of registration of a will is not by itself sufficient to
dispel all suspicions regarding the genuineness of a will?Rani Purnima
Devi v Khagendra Narayan Deb AIR 1962 SC 567.
FORMS
1
Clause on cremation of body of the testator
I do hereby direct that after my death, my body shall be cremated, and
the ashes be placed in an urn in the grave of my late husband, . . . . . . and
I direct my executor to pay out of my estate the necessary expenses for
carrying out this direction as to the disposition of my body.
2
Clause providing direction as to place of burial
and erection of tombstone
I desire that my body may be buried in my family grave in the . . . . . .
Cemetery which is in the part of that cemetery for burials of deceased
members of the [Church of . . . . . or as the case may be] in Section . . . .
Grave No. . . . . . .
I further direct that my executors shall expend a sum not exceeding
Rs……………. upon the erection of and the making of a suitable inscription
on a tombstone upon my grave.
3
Clause expressing desire to be cremated at a place of choice
I desire that my body may be cremated in the crematorium at . . . . . .and
my ashes deposited at . . . . . . . or scattered on consecrated ground at……..
[or as the case may be]
Or I desire that my trustees shall dispose of my body by the cleansing
fires of cremation with sandal fire-wood and that my ashes shall be spread
upon the river ganges at Varanashi.Ch. 63] WILL?FORMS 1015
4
Specimen clause on funeral wishes etc. of the testator
I desire to be buried wherever may be most convenient and that my
funeral shall be carried out as simply as possible (AND I DECLARE that my
Executors may erect a memorial over my grave and the expense thereof
shall be borne by my residuary estate).
I desire that my body be cremated and my ashes scattered and that my
funeral shall be carried out as simply as possible.
I desire that my body shall be offered for medical research transplants
or other use of eyes organs or parts and afterwards disposed of by the
medical authorities.  If this request in whole or in part is not acceptable for
any reason I wish my body or what remains of it to be cremated and the
ashes scattered.
If reasonably possible I give my eyes for the benefit of others by corneal
grafting medical research or in whatever other way it may seem appropriate
to my Executors at the date of my death and subject thereto I wish to be
cremated.
Note : It is better to leave directions in a separate letter addressed to say, a near relative, as
sometimes the will is not opened or even located until after the funeral. Alternatively, when
funeral wishes are expressed in the will, the testator may be provided with a copy to keep
with his personal papers.
As to the use being made of parts of the body for therapeutic purposes the relevant
statutory provisions should be consulted and such Act is now the authority for the removal
of eyes. The removal of eyes has to be carried out very quickly ? within about ten hours.
As is well known, the executors and family are generally in no way legally bound by funeral
and burial wishes except that a direction against cremation is effective to prevent it taking
place. Also, when a deceased person has made a valid request in accordance with
relevant statutory provisions that his body or part thereof be used after his death for
therapeutic purposes or for purposes of medical education or research then the person
lawfully in possession of the body (in many cases this will be the Hospital in which he
died) may authorise the removal of the part and its use in accordance with the deceased?s
request without need for consultation with the Executors or with any of the deceased?s
relatives.
5
Precautions against premature burial
I direct my Executor to call in an independent medical man to examine
my body and by opening an artery or otherwise definitely to ascertain that
I am dead and not merely in a state resembling that of death.
6
Clause providing directions in the will for
anatomical examination
I desire that after my death my body may be made available for such1016 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
anatomical examination as may be thought desirable and that such use my
be made of all or any part thereof as may be lawful.
7
Clause providing express powers to trustees for application
of trust fund for the benefit of beneficiaries
During the minority of any such child or grandchild any part of the capital
or income (or of both capital and income) of the vested or contingent share
of such beneficiary may be applied for the maintenance education advance-
ment or benefit generally of such beneficiary in the absolute discretion of
my Trustees who may in their absolute discretion either so apply the same
themselves or pay the same to any parent or guardian of such beneficiary
to be applied in manner aforesaid and in such case the receipt of the person
to whom payment is so made shall be sufficient discharge to my Trustees.
8
Clause providing direction that only necessary expenses
shall be incurred at the testator?s death
I desire that at my death there shall be (no ostentation or show or any
kind, that there shall be) no flowers and that mourning shall not be worn
by my relatives and generally that no expense beyond what is necessary
shall be incurred.
9
Clause providing direction for use of the testator?s body
after death for therapeutic purposes, by not to be used for
medical education or research and thereafter for cremation
1. I desire that after my death any part or parts of my body which may
be of use for therapeutic purposes (including corneal grafting and organ
transplantation) shall be removed with a view to their use for such purposes.
2. For the avoidance of doubt I declare that the foregoing provisions shall
not authorise the use of my body or any part thereof for medical education
or research.
3. I desire that after the removal aforesaid my body shall be cremated
and for this purpose arrangements may be made either by my executors
or if they think fit by any hospital or other institution having custody of any
body after such removal has been completed.
4. I hereby authorise my executor(s) to spend such sums in carrying out
the above directions as may appear to him (or them) to be reasonable and
his (or their) decision as to what is reasonable in the circumstances shall
be final and binding upon all beneficiaries under this my will.Ch. 63] WILL?FORMS 1017
10
Clause on bequest of immovable property to daughter,
with power of appointment
I devise all my houses and lands situate at . . . . . . . .  ., with their
appurtenances, to the use of such persons or person for such purposes
and in such manner, as my daughter.,. . . . .. . . . ., shall, by any deed or deeds,
with or without power of revocation and new appointment or by will or codicil,
appoint; and in default of such appointment and so far as any appointment
made by her shall not extend, to my said daughter, . . . . . , her heirs and
assigns.
11
Clause bequeathing residuary Estate to children,
with substitution of issue
(Alternative form)
I devise (description) to all my children living at my death, and the issue
then living of such of them as shall be then dead leaving issue living at my
death, and their respective heirs and assigns, as tenants in common, in
equal shares as between brothers and sisters, but so that the issue of any
child so dying shall take between them only the share which their parent
would have taken if living.
12
Clause bequeathing property to several legatees and/or their
heirs as tenants-in-common
I devise (description) to the use of . . . . . . and . . . . . ., their heirs and
assigns, in equal shares, as tenants-in-common. But I give the share or
shares (as well accrued as original) of such of them as shall be dead at
my death, or shall die under the age of eighteen years without leaving issue
living at his, her or their death or deaths, unto the others or other of them,
their, his, or her heirs or assigns, forever, as tenants-in-common.
13
Clause giving life estate to wife with the liberty for
unrestricted use and enjoyment of the capital
and income thereof
All the rest, residue, and remainder of my estate, including any real
estate which I may hereafter acquire, I give, devise, and bequeath to my1018 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
wife, Sm. ………………….. for life, with the right to use both the principal and
income thereof for her maintenance, travel, and personal comfort and
pleasure, at her own absolute discretion. While it is my desire that the use
of my property by my said wife shall be limited for the purposes stated, I
do not restrict her to such use, and direct that she shall not be held
accountable by any one for such use as she may make of the said property
during her life.
14
Clause making provision for payment of annuity to wife
out of income of the residuary estate
In the event of my trade executors being unable to pay the annual sum
of Rs. . . . . . . . . . . . to my wife out of the income of my residuary estate,
such sum as shall be required in each year to make the sum paid by my
trade executors to my wife up to the said sum of Rs.  . . . . . . . . . . and after
the sale of my said business or the time of distribution whichever shall first
occur, my general trustees shall pay an annuity of Rs. . . . . . . . . . . . to my
wife for life.
15
Clause giving direction for accumulation of income of the
residuary estate
Subject as aforesaid my general trustees shall accumulate at compound
interest the income of my residuary estate until the time of distribution
whether my said business shall have been sold or not.
16
Clause in the will providing for distribution of the
unappropriated share upon the death or disqualification
of a beneficiary
Upon the death or disqualification of any beneficiary, leaving unappro-
priated a portion of the income, the amount payable to each of the others
shall be increased. The shares of the remaining beneficiaries shall be
determined by dividing the unappropriated sum into a number of parts equal
to the added total of the numerators of the fractional parts of those remaining
living.  Then each shall receive as many parts or her fractional of the
unappropriated income as is designated by the numerators of his or her
fractional share of the original distribution.
Example : If A.B.  dies first, then one-twentieth (1/20) of the income will
be unappropriated. This amount shall be divided into nineteen (19) parts
of which C.D. will receive five (5) parts, E.F. five (5) parts, etc.Ch. 63] WILL?FORMS 1019
17
Clause bequeathing house property to daughter-in-law
for life or until remarriage with gift over
The house and the land upon which said house is situated, which is
owned by me and in which I reside at the time of my death. I give and devise
to my daughter-in-law . . . . . . ., for and during the term of her natural life,
as long as she remains a widow and no longer; and at her death or in case
she should marry again, to her sons and daughters born of her marriage
with . . . . . . . who may be living at the time of her death or remarriage, in
equal undivided shares; provided that if any sons or daughters born of such
marriage shall have died before the death or remarriage of the said . . . .
and shall leave issue of his or her born in lawful wedlock, such issue shall
take the same interest in said house and land as such son or daughter would
have taken had he or she survived said . . . . . . .
18
Clause in the will making absolute gift of house property
to the legatee
1. I give (free of mortgage or charge) my property situate at . . . . . . .  .
more fully described in the Schedule hereto, at the time of my death or failing
which any other property (belonging to me as an absolute owner or held
by me under a lease for a term of years having at least twenty-one years
unexpired at my death) at which I reside at the time of my death and the
grounds occupied therewith to . . . . . . . . AND I DIRECT that my Trustees shall
out of the residue of my estate discharge any mortgage or charge thereon
AND I DECLARE that if at the time of my death I shall have entered into a
contract for the sale of all or part of my said property or failing which all or
any part of any other property as aforesaid and of the grounds respectively
occupied therewith without having completed the acquisition of a property
(either as an owner or for a term of years having at least twenty-one years
unexpired at my death) intended to be used as my residence then in addition
to or in place of such gift (as the case may be) the said . . . . . . shall receive
a legacy equal to the net proceeds of sale.
2. If the gift made by the preceding sub-clause shall wholly fail then I
give to the said . . . . . . (additional) legacy of Rs.  . . . . . . . . . .
19
Provision for payment of legacies when estate is
insufficient to meet the obligation
In the event that the whole of my estate, real and personal, shall not be1020 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
sufficient to pay in full all the bequests given by this will, I direct that the
bequests made by article .. . . . . . of this will, and also the bequests to . .
. . . . . . . . . . and . . . . . . . . , in article . . . . . . . . . of this will, shall first be paid
in full, and that the remainder of my estate shall be applied pro-rata to the
payment and discharge of all the other bequests, whether given direct to
the legatee or directed to be held in trust and the income only paid to the
beneficiaries.
20
Clause in the will providing for payment of legacies within a
specified time, failing which interest will be payable
I direct that all the pecuniary legacies bequeathed by this my will or any
codicil hereto (unless otherwise expressly directed), shall be payable within
. . . . . . calendar months after my death, and, if not then paid, shall bear
interest as from that time until payment at the rate of . . . . ..  per cent per
annum.
21
Clause on bequest with gift to another in case of lapse
I give and bequeath the sum of Rs. . . . . . . to my friend, A.B., absolutely.
In the event of his death before me, the I give and bequeath the said sum
of Rs……………. to his widow, or if she be then deceased, then to the lawful
heirs of the said A.B.
22
Provision for abatement of particular legacies when fund is
insufficient to meet all the pecuniary legacies
(Another form)
I direct that, in case of a deficiency of assets for the full payment of all
the pecuniary legacies hereinbefore bequeathed, the two legacies of Rs.
. . . . . . and Rs. . . . . . . hereinbefore bequeathed to the said legatees,
respectively, shall abate ratably and in proportion before any other legacy.
23
Clause providing for proportionate abatement of payment of
specific legacies when estate is insufficient
(Alternative Clause)
In the event that my estate shall not be sufficient to pay the foregoing
bequests, I direct that they shall all abate proportionately.Ch. 63] WILL?FORMS 1021
24
Clause providing condonation of debt
I release and forgive to A.B. (or if he predeceases me his personal
representatives) the sum of Rs.  . . . . . . . . . . . . . . now owing by him to me
or so much thereof as at the time of my death remains owing and all interest
thereon AND I DIRECT that all securities therefor be released and made over
to him (or his personal representatives) and that all instruments necessary
for this purpose be executed by my Trustees at the expense of my estate.
25
Clause providing bequest of house property to wife for life
and after her death to the son absolutely
I give my freehold (or leasehold) dwelling-house and property No. . . .
Street . . . . . . . . . . .  . . . . (together with such furniture and fittings therein
as at the date of my death are owned by me) to (my wife) during her life
(she) paying all rates taxes and other outgoings payable in respect of the
same (and paying the rent and performing and observing the covenants
and conditions contained in the lease under which the same is held) and
keeping the same in good repair and condition (reasonable wear and tear
excepted) and insuring the same to the full value thereof against loss or
damage by fire and such other risks as my Trustees from time to time direct
and after her death to (my son A.B.) absolutely (or for the residue of the
term of years created by the said lease) (and as to the said furniture and
fittings absolutely) (or so that after her death the said premises (and
furniture and fittings) shall fall into and form part of my residuary estate)
(AND I DIRECT that all taxes leviable in respect thereof at my death shall be
paid out of my residuary personal estate) (AND I DECLARE that my Trustees
shall not be bound to prepare an inventory of the said furniture and fittings
or to see to the repair or insurance thereof and shall not be under any liability
by reason of the non-payment of the said rent or the non-performance or
non-observance by (my said wife) of any of the covenants agreements or
conditions contained in the said lease and shall be entitled to be indemnified
out of my residuary estate against any personal liability in respect thereof).
26
Clause as to bequest of jewellery
I give my jewellery as follows :
(a) to my husband A.B.  my engagement ring
(b) to (my nice I.J.  of etc.) my (diamond and ruby brooch)
(c) to (my daughters C.B. and D.B.  and my daughter-in-law E.R.) the1022 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
remainder of my jewellery to be divided amongst them equally so
far as is practicable in value without selling or breaking any pieces
or splitting any matching items or sets AND I DECLARE first that if
any of the said C.B., D.B.  and E.B.  predeceases me leaving
(female) issue me surviving such issue shall be entitled to the
share which her parent would have taken and if more than one
equally per stripes and secondly that if the said C.D., D.B. and E.B.
or their respective issue to not agree the division of my jewellery
within (two months) from the date of my death my Trustees shall
divide my jewellery amongst them in such manner as they think
fit (and thirdly that any inequalities in the value of the pieces
received by my beneficiaries shall (not) be adjusted in the division
of my residuary estate (by bringing into account in such division
the value of the respective pieces of jewellery taken by my
beneficiaries) or (by the payment thereout to beneficiaries of
equality money).
27
Clause providing distribution of personal goods and effects
according to the choice of the beneficiaries
I give to each of (names or classes of beneficiaries) (two paintings from
my collection of water colours) to be selected by them in the following
manner namely each shall make his first selection in the order in which their
names appear in this clause (or in order of seniority of age) and when each
has made his first selection the second selection shall be made from the
remaining items in the same order (and so on until the whole (collection
of water colours) has been disposed of).
28
Clause as to vesting of legacy in case of death of a
named legatee
I declare that if (my said son or my said daughter) dies in my lifetime
the bequests herein contained to them or to the one so dying shall not lapse
but shall go and devolve in the same manner as if he or she had survived
me and died immediately after my death PROVIDED that this direction shall
take effect by way of direct gift to the persons (if any) beneficially interested
under the will or on the intestacy of (my said son or daughter) (as the case
may be) and shall not make the said bequests part of his or her personal
estate so as to be liable for his or her debts.Ch. 63] WILL?FORMS 1023
29
Clause providing forfeiture of life-interest annuity in case of
unauthorised assignment
If any person to whom by this my will or any codicil hereto I have given
any life interest or annuity either before or after the vesting in possession
thereof assigns or encumbers the same or any part thereof (except with
the written consent of my Trustees) or attempted so to do or have done
permitted or suffered anything (except with such consent as aforesaid)
whereby his or her interest would but for this clause have become vested
in or payable to any other person then on any such event the life interest
or annuity of such person shall forthwith be forfeited. And on any forfeiture
of any life interest under this clause my trustees shall hold the forfeited
income during the remainder of the life of the person incurring the forfeiture
upon the trusts on which the same would be held if such person were dead.
30
Clause providing for life interest in the house property to
wife and absolute interest to the testator?s son
I give free of mortgage or charge to my Trustees my property situate at
…………….., more fully described in the schedule hereto at the time of my
death (hereinafter called ?my said property?) upon trust to grant to my wife
life interest of my said property to use as her permanent home subject to
such covenants and upon such conditions as to payment of rates and other
outgoings and as to insurance repair and decoration and otherwise as my
Trustees in their discretion think fit and subject as aforesaid upon trust to
convey and transfer my said property to my son.
31
Provision in the will for pro rata adjustment of payment of
specific legacies when actual realisation from the estate
falls short of the amount of bequests
The foregoing specific bequests are made upon the expectation that the
total amount of my estate shall be of a value of Rs.  . . . . . . or more, after
payment of all my debts. In the event, the total net value of my estate shall
be less than such sum of Rs. . . . . . . .., then and in such event each of the
foregoing specific bequests shall (except so far as may be expressly
otherwise stated) be reduced in the proportion that the actual net value of
my estate after payment of debts as so appraised, bears to said sum of
Rs. . . . . . .1024 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
32
Clause providing for bequest of immovable property subject
to existing mortgage, free from mortgage debt to be paid out
of separate fund of the testator
I devise that, . . . . . . ., situate at to . . . . . . .., of . . . . . . . . , his heirs and
assigns, free and discharged from any mortgage which may be charged
thereon at the time of my death, which I declare shall be paid out of my
personal estate in exoneration of the said premises.
33
Clause providing for payment of any debt with interest
owed to a legatee, over and above payment of
specific legacy in full
To my . . . . . . . . ., . . . . . . . ., Rs.  . . . . . . . Neither this bequest nor any
other bequest to said . . . . . . . . .. in this will and testament contained shall
be in satisfaction of any debts which I may owe . . . . . . . at my decease,
but the same shall be paid in full with interest at . . . . . . .% from the time
of loan in addition to the bequests herein contained.
34
Clause empowering executors and trustees to apply income
for maintenance and support of a beneficiary who is
incapacitated to receive the legacy on account
of age or illness
In case by reason of age or illness, any beneficiary under this my will
shall become incapable of receiving and disbursing the income to which
he or she is entitled, I authorise and empower my executors and trustees
to pay and apply such income to the comfortable maintenance and support
of such incapacitated beneficiary without being required to apply to any
court for leave to make such payment.
35
Clause providing for postponement of payment of legacies
and/or payment in instalments
Should it be inconvenient to my estate to pay the specific legacies and
bequests so provided for, the said specific legacies shall be paid by the said
executor from time to time pro-rata until the same shall have fully been paid,
in order to prevent the sacrificing of any portion of my estate in order to meet
any specific bequest.Ch. 63] WILL?FORMS 1025
36
Clause providing full payment of all the legacies
without any deductions
I specifically direct that all taxes which may be chargeable against my
estate or against the gifts, devises, bequests and interests under this will,
shall be paid out of the general assets and/or corpus and/or residue of my
estate; it being my intention that each and every gift, devise, bequest and
interest under this will shall be delivered to and taken by every devisee,
legatee, and beneficiary hereunder in full and without deduction on account
of any such taxes.
37
Clause creating charge against the estate for payment of
all debts, expenses, taxes and other charges
I direct that my executor pay out of my estate all my just debts, the
expenses of my funeral and last sickness and all taxes, and similar charges
which shall by law be a charge against my estate, or which my executor
shall by law be required to pay.
38
Clause on bequest of policy of insurance
And Whereas I am possessed of the following policy of insurance upon
my life, namely, a policy effected with the . . . . . . .  . . Life Insurance Company
for Rs.  . . . . . . . . . . . ., dated the . . . . . . day of . . . . . . . , 20. . . . . and numbered
. . . . .  . . . ., now I bequeath the said policy, with the sum of Rs.. . . . . . . thereby
assured, and all accretions or additions thereto, unto my said wife
absolutely.
39
Clause on bequest of debts due from legatee
I give and bequeath unto my brother-in-law, . . . . . . . . . ., of . . . . . . . . .
(city),  . . . . . . . . . . . (State), the debt or debts owing to me from him on account
of money loaned and for which I hold his personal notes now amounting
to Rs. . . . . . ., together with any accrued interest on the same and I direct
my executor, hereinafter named, to mark said notes paid and cancelled and
deliver them to the said . . . . . . .
40
Bequest of rents and profits with right of residence in
house property for a fixed service
For services rendered to me during my life time, I give and bequeath
G : CDD (Vol. 7) ? 651026 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
to ………………., for a period of . . . . . . years from the date of my death, the
use, rent free, of the following house property (description), . . . . . . . . . . .
to receive all rents and profits which may accrue therefrom and he shall
pay all taxes assessed against the above-described house property.
41
Clause providing life interest to spouse and capital of trust
fund to children and/or issue on attaining eighteen years
My trustees shall stand possessed of the Trust Fund upon the following
trusts that is to say:
(a) Upon trust to pay the income of (a one-third/half share of) the Trust
Fund to my wife/husband during her/his life.
(b) Subject as aforesaid UPON TRUST to stand possessed of the capital
and income of the Trust Fund for such of them my child or children as shall
be living at my death who attain the age of eighteen years if more than one
in equal shares PROVIDED THAT if any child of mine shall have died in my
lifetime (whether before or after the date of this my Will) leaving issue living
at my death who attain the age of eighteen years such issue shall take by
substitution if more than one as tenants-in-common in equal shares the
share of the Trust Fund which such deceased child would have taken had
he or she survived me and attained the age of eighteen years but so that
no issue remoter than a child of such deceased child shall take except in
the case of the death of his/her or their parent before me and in the place
of such parent.
42
Provision in the will for division of residuary estate of the
testator between son and daughter and their
respective children
My trustees shall stand possessed of the Trust Fund UPON TRUST to
divide the same into two equal moieties and to hold such moieties upon
the following trusts that is to say :
1. As to one such equal moiety for such of them the children of my
son . . . . . . namely . . . . . and  . . . . . . as shall be living at my death
who attain the age of eighteen years if more than one in equal
shares absolutely but also as provided in sub-clause 3 of this
Clause And subject as aforesaid (in the event of the foregoing
trusts failing or determining) such moiety shall be paid and
transferred to my said son absolutely.
2. As to the other such equal moiety as to one-half thereof for my
daughter . . . . . .  absolutely And subject as aforesaid (as to theCh. 63] WILL?FORMS 1027
whole but only in so far as the gift for my said daughter shall not
take effect) for such of them the children of my said daughter
namely . . . . . . . and . . . . . .  as shall be living at my death who attain
the age of eighteen years if more than one in equal shares
absolutely but also as provided in sub-clause 3 of this Clause And
subject as aforesaid (as to the whole) such moiety shall be paid
and transferred to my said daughter absolutely.
3. Provided that if any of them my said grandchildren shall have died
in my lifetime or having survived me shall fail to attain the age of
eighteen years leaving issue living at the death of the survivor of
myself and himself or herself who attain the age of eighteen years
or marry under that age such issue shall take by substitution if more
than one as tenants-in-common in equal shares the share of the
Trust Fund which such deceased grandchild would have taken had
he or she survived me and attained the age of eighteen years but
so that no issue remoter than a child of such deceased grandchild
shall take whose parent is living and so capable of taking.
4. Provided also that if the foregoing trusts affecting either moiety
under sub-clauses 1 and 2 of this Clause after taking into account
the provisions of sub-clause 3 shall completely fail or determine
such failed or determined moiety shall be added to the other moiety
which has not so failed or determined and be held and disposed
of accordingly.
43
Clause providing appointment of partners of a firm as
executors and trustees under the will
1. As Executors of this my Will I appoint the partners at the date of my
death in the firm of . . . . . . . or the firm which at that has succeeded to and
carries on its practice and I express the wish that two and only two of them
shall prove my Will.
2.  As Executors of this my Will I appoint my wife/husband and the
partners at the date of my death in the firm of . . . . . . of . . .  . .. or the firm
which at that date has succeeded to and carries on its practice and
depending on whether or not my wife/husband shall prove my Will I express
the wish that one or two only of such partners shall prove my Will it being
my wish that there shall be only two proving executors.
3.  As Trustees of this my Will I appoint the persons who take out the first
grant of probate to be obtained in respect of my estate.
4.  The expression ?my Trustees? whenever hereinafter used shall mean
the trustees or trustee for the time being whether original or substituted or
added.1028 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
44
Clause providing for payment of income of the Trust Fund
to the spouse for his/her life and capital to children or
remote issues per stirpes and also providing for
payment to the spouse of deceased child
My trustees shall stand possessed of the Trust Fund upon and subject
to the following trusts and powers that is to say :
A. UPON TRUST to pay the income of the Trust Fund to my wife/husband
during her/his life.
B. Subject as aforesaid UPON TRUST to stand possessed of the capital
and income  of the Trust Fund for such of them my child or children as shall
be living at my death who attain the age of eighteen years or marry under
that age if more than one in equal shares PROVIDED THAT if any child of mine
shall have died in my lifetime (whether before or after the date of this my
Will) leaving issue living at my death who attain the age of eighteen years
or marry under that age such issue shall take by substitution if more than
one as tenants-in-common in equal shares the share of the Trust Fund
which such deceased child would have taken had he or she survived me
and attained the age of eighteen years or married under that age but so
that no issue remoter than a child of such deceased child shall take except
in the case of the death of his, her or their parent before me and in the place
of such parent AND PROVIDED  THAT in priority to the trusts by this sub-clause
hereinbefore declared my Trustees may in case any child of mine shall die
before me leaving a widow or widower him or her surviving pay to such
widow or widower during her or his life the whole or such part as they may
from time to time think fit of the income of the share of the Trust Fund which
such deceased child would have taken had he or she survived me and
attained a vested interest but so that my trustees may at any time or times
by deed or deeds wholly or partially release the power by this proviso
conferred upon them.
45
Clause providing direction of distribution of shares in a
Limited Company under the bequest
I give to my son (name) absolutely one thousand of my shares in . . .
. . Company Limited and if and so far I do not at my death hold sufficient
shares in the said company to answer the above bequest I give to my said
son in lieu of the said bequest the sum of Rs.  . . . . . . (or in lieu of each share
by which my holding in the said company falls short of one thousand shares
a sum equivalent to the mean market value of such share ascertained at
my death (or if the shares are not officially quoted equivalent to the valueCh. 63] WILL?FORMS 1029
of such share at my death such value to be certified by the secretary of the
said company or if he refuses to certify to be fixed by my Trustees) AND I
DECLARE that any charge which at my death may be existing upon the
shares hereby bequeathed shall to the extent to which it affects the said
shares be paid out of my residuary personal estate.
46
Clause bequeathing the residuary estate to trustees
on trust for sale
(Short form)
I give my immovable property and the rest of my personal property to
my Trustees UPON  TRUST to sell it (with power to postpone sale without
being liable for loss and after payment out of it of all legacies given by me
and my debts and funeral and testamentary expenses to hold it and the
investments from time to time representing (?my Residuary Estate?) it UPON
TRUST etc.
47
Provision in the will giving life-interest in the house
property to the wife with powers to the trustees for
sale of the property only with written consent
of the wife and after her death to hold the
residuary estate in trust as per direction
in the will
1. I give free of mortgage or charge my property known as . . . . . . and
situate at . . . . . . . in the District of . . . . . . ..  and grounds occupied therewith
at the time of my death (hereinafter called my said property) to my Trustees
UPON TRUST (but with the written consent of my wife during her life) to sell
the same with power to postpone sale for such a period as my Trustees shall
think proper and to invest the net proceeds of sale in or upon any of the
investments authorised under Clause . . . . . . . hereof and to pay the income
of the said investments and also the net rents and profits of my said property
until sale to my wife during her life Provided nevertheless that any such
income as shall be received after her death shall be applied as if the same
had accrued after such death and accordingly no apportionment thereof
shall be made.
2. I direct that so long as my said property shall remain unsold and during
the lifetime of my wife my Trustees shall permit my wife if she so desires
to reside in and occupy and enjoy the same she paying the rates and other
outgoings for the time being payable in respect thereof and keeping the
buildings adequately insured under comprehensive cover and in reason-1030 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
able repair decoration and condition and I declare that my Trustees shall
not be concerned during the lifetime of my wife to see to the said insurance
repair decoration and condition any my Trustees shall not be liable for any
loss or damage that may happen to my said property from any cause
whatsoever.
3. I also direct that from and after the death of my wife my said property
or the proceeds of sale thereof or the investments representing the same
shall fall into and form part of my residuary estate and shall be held by my
Trustees upon the trusts hereinafter declared concerning the same.
4. In addition to the investment powers of my Trustees under Clause……..
hereof I empower them to lay out the proceeds of sale of my said property
or any property substituted under this present power in the purchase of any
freehold or leasehold property to be held upon trusts for the benefit of my
wife corresponding in all respect with the trusts hereinbefore expressly and
by reference declared.
5. Provided always and I hereby declare as follows :
(1) If at the time of my death I shall no longer be the owner of . . . .
aforesaid but shall own another property either freehold or lease-
hold (such leasehold property having a term of not less than twenty
years unexpired at such time) then for the purposes of the
foregoing sub-clauses of this Clause the name of such other
property (if more than one such other property then whichever of
them my Trustees shall in their absolute discretion decide) shall
fall within the said definition of ?my said property?.
(2) If at the time of my death I shall not be the owner of a property falling
within the said definition or shall have entered into a contract to
dispose of the same then for the purpose of the provisions of this
Clause there shall be substituted a settled cash legacy of an
amount equal to the gross sale price of my said property which
legacy shall be held upon trusts for the benefit of my wife
corresponding in all respects with the trusts hereinbefore ex-
pressly and by reference declared as if the same had been the net
proceeds arising from the sale by my Trustees of my said property.
48
Clause in the Will providing annuity for life to spouse and
the residuary trust fund to children on surviving
the spouse and attaining the specified age
My trustees shall stand possessed of the Trust Fund upon the following
trusts that is to say:
A. Upon trust pay the income of (a one-third/half share of) the Trust
Fund to my wife/husband during her/his life.Ch. 63] WILL?FORMS 1031
B. Subject as aforesaid upon trust to stand possessed of the capital
and income of the Trust Fund  for such of them my child or children
as shall be living at the death of the survivor of myself and my wife/
husband who attain the age of . . . . . . .  years if more than one in
equal shares Provided That if any child of mine shall have died in
my lifetime (whether before or after the date of this my Will) or in
the lifetime of my wife/husband or having survived me and my wife/
husband shall fail to attain the age of . . . . . . years leaving issue
at the death of the survivor of myself my wife/husband and himself
or herself who attain the age of . . . . . . years (or marry under that
age) [or shall be living on the Perpetuity Day (as hereinafter
defined)] such issue shall take by substitution if more than one as
tenants-in-common in equal shares the share of the Trust Fund
which such deceased child would have taken had he or she
survived both me and my wife/husband and attained the age
of……….. years but so that no issue remoter than a  child of such
deceased child shall take whose parent is living and so capable
of taking [And for the foregoing purpose the Perpetuity Day shall
mean the day on which shall expire the period of eighteen years
calculated from the death of the last survivor of my wife/husband
and such of my children and issue as shall be living at the time
of my death].
49
Clause empowering executor and trustee under a will to
charge professional and other expenses
Any of my Executors or my Trustees being a person engaged in any
profession or business shall be entitled to charge and be paid all usual
professional or other charges for business transacted time expended and
acts done by him or his firm or company or any partner or employee in
connection with the administration of any estate and the trusts of this my
Will including acts which an Executor or Trustee not being in any profession
or business could or might have done personally (And money payable under
the foregoing provision shall not be liable to abatement by reason of any
legacy gift or direction as to priority of payment of legacies contained under
this my Will or any Codicil hereto and shall be paid free of all deductions).
or?
Any of my Executors or my Trustees being a person engaged in any
profession or business shall be entitled to charge and be paid all usual
professional or other charges for business transacted time expend and acts
done by him or his firm or company or any partner or employee in connection
with the administration of my estate and the trusts of this my Will including
acts which an executor or trustee not being in any profession or business
could or might have done personally.1032 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
50
Clause providing power to the trustees to place or purchase
investments in the name of nominees
A. My Trustees shall have power to place or purchase any investment
or other assets in the names or name of any persons or person
or company as nominees or nominee of them my Trustees.
B. My Trustees shall not in any circumstances be liable for allowing
any investment or other asset to remain for any period however
long in the name of a nominee.
51
Clause conferring power of investment of trust fund by the
trustees under a will
My Trustees and each of them shall have the following powers which
may be exercised at any time and from time to time :
1. Power for any of my Trustees to purchase from my Trustees (not
being less than two in number) any asset comprised in the Trust
Fund provided that:
(1) in the case of investments quoted on any Stock Exchange the
purchase price is not less than the market price thereof at the
time of the execution of the transfer.
(2) in the case of investments not so quoted the purchase price
is not less than their open market value as certified by the
auditors of the company or by some properly qualified person
whom my Trustees shall appoint for such purpose; and
(3) in the case of any other asset the purchase price is not less
than the open market value as certified by a properly qualified
valuer whom my Trustees shall appoint for such purpose.
And provided also that in cases within (2) and (3) any such auditors
properly qualified person or valuer in their or his report for such
purpose have not advised against the sale by my Trustees for any
reason whatsoever.
2. Power to be employed and remunerated as a director or other
officer or employee or as agent or advisor of any company or other
corporation or undertaking or firm whatsoever at any time with any
connection with assets comprised in the Trust Fund.
3. Power to retain as remuneration fees or profits received by him in
any such capacity as is mentioned under sub-clause (2) of this
Clause notwithstanding that his situation or office as such director
officer employee agent advisor may have been obtained or mayCh. 63] WILL?FORMS 1033
be held or retained in right or by means or by reason of his position
as one of my  Trustees or any shares stock property rights or powers
comprised in or connected with the Trust Fund.
And I declare that my Trustees shall not be bound or required to interfere
in the management or conduct of the business of any company in the capital
and assets of which they hold shares or stocks or loans of any nature.
52
Clause conferring powers to the trustees appointed by a will
for management of landed property
My Trustees shall have power (in addition to the powers of management
conferred by law) to sell exchange convey lease mortgage charge agree
to let licence and otherwise conduct the management of any landed
property from time to time included in the Trust Fund and generally have
all the rights and powers in respect thereof as if they my Trustees were
absolutely entitled thereto beneficially and may in that behalf make any
outlay out of income or capital (or partly out of one and partly out of the
other) as they shall in their absolute discretion determine.
53
Clause providing powers to the trustees under a will to
enter into transactions with other trusts
having common trustees
My Trustees shall have power to enter into any contract or other dealing
or disposition (whether by way of sale purchase exchange mortgage lease
loan borrowing or otherwise) with the trustees of any other Will or any
Settlement or Trust (being a contract or other dealing or disposition which
apart from this present provision my Trustees could lawfully have entered
into if none of them had also been a trustee of such other Will or such
Settlement or Trust notwithstanding that my Trustees or any one or more
of them shall also be trustees or the sole trustee of such other Will or such
Settlement or Trust and in like manner in all respects as though none of
my Trustees had been a trustee of such other will or such Settlement or
Trust.
Note : In view of the need for avoiding any conflict of duty as a general rule trustees should
not enter into business relationships with other trustees where there are persons who
are common trustees of both sets of trusts. This could cause inconvenience.1034 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
54
Clause providing direction to the trustees under a will about
the receipt and disposal of the sum to be received under
the Pension Scheme or Life Insurance Policy
In the event of my Trustees receiving any money in respect of my being
at my death a member of the Family Pension Scheme or under my Life
Insurance Policy such money shall be treated and applied as capital money
forming part of my estate to be held upon the same trusts as are declared
by Clause …………… of this my Will (other than sub-clause . . . . . .) concerning
the capital and income of the Trust Fund.
55
Clause declaring that the trustees under the will shall hold
the Trust Fund and the income therefrom and exercise
powers upon the like trusts as previously expressed
My Trustees shall hold the other moiety of the Trust Fund and the income
thereof upon the like trusts and subject to the like powers and provisions
in favour of . . . . . . and his children and remoter issue and otherwise as
are hereinbefore declared concerning the first moiety and the income
thereof as if the same trusts power and provisions were herein repeated
with the substitution of the name of the said . . . . . . . for that of the said…….
56
Clause providing powers to the trustees under a will to
borrow money for the purposes of administration
of the testators estate
My Trustees shall have power to borrow money upon such terms subject
to such conditions including in relation to repayment and interest and
whether or not upon the security of the Trust Fund or any part thereof and
for such purposes in connection with the administration of my estate and
the trusts of this my Will as my Trustees shall in their absolute discretion
think fit but no lender shall be concerned about the purpose of any such
loan to my Trustees or the circumstances or the propriety thereof.
57
Clause providing life interest in the house property to the
spouse ? trustees to exercise power of sale and use sale
proceeds at the direction of the spouse
I give all that my interest or share of whatever proportion nature orCh. 63] WILL?FORMS 1035
amount in the property known as . . . .  . .  in the District of . .  . .  . . . or failing
which in such other freehold or leasehold property owned jointly by me and
my wife/husband at which I reside at the time of my death or in the respective
proceeds of sale thereof (hereinafter called  ?the Property Fund?  which
expression shall include any property investments and cash from time to
time representing the same) to my Trustees upon the following trusts :
1. Upon trust to sell (but subject to the provisions of sub-clause (4)
of this Clause) or retain the same or any part thereof for so long
as my Trustees shall in their absolute discretion decide without
being liable for loss.
2. To pay any income from the Property Fund to my wife/husband
during her/his lifetime.
3. After the death of my wife/husband the Property Fund shall fall into
and form part of my residuary estate.
4. I direct that during the lifetime of my wife/husband no steps shall
be taken by my Trustees to enforce the trust for sale applicable to
any such freehold or leasehold property or to realise my said
interest or share therein or to obtain any rents or profits without
the written consent of my wife/husband and that until sale my
Trustees shall permit my wife/husband to use and enjoy the same
for so long as she/he shall so desire but upon the terms that she/
he shall pay all rates and other outgoings payable thereof and keep
any such freehold and leasehold property and the buildings
thereon in reasonable repair and condition and adequately insured
under comprehensive cover AND I DECLARE that my Trustees shall
not be liable to see to such repair and condition or the effecting
and keeping up of such insurance or for the breach of any
obligations imposed upon my wife/husband.
5. If my wife/husband shall at any time request in writing my Trustees
to join in selling any such freehold or leasehold property or any
other property purchased pursuant to this sub-clause my Trustees
shall do so and at any time thereafter and at the like request of my
wife/husband shall apply all or some part according to the request
or my wife/husband of the net proceeds of sale representing my
said interest or share in or towards the purchase of another
freehold or leasehold property or flat or an interest or share therein
selected by her/him for use as her/his residence (including then
or thereafter meeting the cost of alterations improvements and
repairs to buildings) such acquired asset interest or share to be
held upon trusts for the benefit of my wife/husband corresponding
in all respects with the trusts hereinbefore declared.
6. My Trustees shall also have in relation to the Property Fund the
same powers of investment as those contained in Clause . . . . .
of this my Will.1036 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
58
Clause making provision for payment of annuity without
creating charge upon the residuary estate or the testator
1. I give to . . . . . . . . . a legacy of Rs.  . . . . . . .
2. I give to the said . . . . . . . . an annuity of Rs.  . . . . . . during his/her life
AND I DIRECT that such annuity shall commence from such date not
exceeding six months after my death as my Trustees shall in the absolute
discretion decide and such annuity shall accrue from day to day and shall
be paid by equal quarterly or half-yearly payments as my Trustees shall in
their like discretion decide.
3. My trustees shall have power to provide for the payment of the said
annuity or discharge their obligation in respect of the same by any one or
more of the methods following that is to say :
(1) By setting apart as an Annuity Fund out of my residuary estate
investments the income whereof shall in the opinion of my Trustees
be sufficient at the time of setting apart to pay such annuity and
the likely expenses of so doing (which event the investment powers
referred to in Clause . . . . . . of this my Will shall apply to such Annuity
Fund) and any annuity so provided for shall cease to be a charge
upon my residuary estate and become charged solely on the
income and capital of the investments so purchased or set apart
and accordingly the balance of my residuary estate may be
distributed discharged from the said annuity and upon the cesser
of the said annuity the Annuity Fund shall fall into and form part
of my residuary estate and any surplus income of the Annuity Fund
after payment of the said annuity shall be applied in the same
manner as the income of my residuary estate but nevertheless with
power for my Trustees during the twenty-one years immediately
following my death to retain temporarily or accumulate (by invest-
ing and adding to the capital of the Annuity Fund) the whole or any
part of such surplus income although all or part of the same can
in any future year be treated by my Trustees as if it were income
of the Annuity Fund arising in that year PROVIDED ALWAYS that if
my Trustees shall set aside such Annuity Fund in the manner
aforesaid my Trustees shall also have power then or thereafter to
take out of my residuary estate if not previously distributed
additional cash capital of such amount as having regard to all the
circumstances they shall deem appropriate for the purpose of
providing a cash float to enable them so to arrange matters that
the said . . . . .. can not only receive the said annuity payments less
tax at the basic rate from time to time in force but also sums equal
to the estimated amounts of any income tax repayments subse-
quently obtainable by him in respect thereof which sums shallCh. 63] WILL?FORMS 1037
when the repayments are actually obtained be reimbursed to my
Trustees to be replaced in and form part of the said cash float AND
I DECLARE that upon the cesser of the said annuity (or earlier if my
Trustees decide that same is no longer required) any such cash
float shall fall into and form part of my residuary estate and that
in no circumstances shall my Trustees be liable in any manner in
relation to the provision of such cash float and the failure for any
reason whatsoever to recover any moneys due from the said . . .
or his/her personal representatives either before or after  his/her
death.
(2) By purchasing in their names an annuity from any life Insurance
Company or public company in the name of the said . . . . . . to satisfy
the said annuity.
(3) By commuting the said annuity with the consent in writing of the
said . . . . . . . and paying to him/her such capital sum out of my
residuary estate as they may in their absolute discretion decide
having regard to the circumstances.
59
Clause providing powers to trustees under the will to pay
legacy to a minor beneficiary in their absolute discretion
1. My Trustees may if they in their absolute discretion think fit at any time
pay transfer or deliver a legacy under clause . . . . .  . and . . . . .  . to the
beneficiary though he or she is under age or to a parent or guardian on
behalf of the beneficiary and the receipt of the beneficiary or of the parent
or guardian shall be a complete discharge to my Trustees.
2. My Trustees and the parent or guardian according to the circum-
stances shall in respect of the legacy have power to use income and capital
(without limitation) for the benefit of the beneficiary and power to invest
similar to that contained in Clause . . . . . . of this my will.
60
Clause providing for gift of residue of all movable and im-
movable properties upon trust to sell or retain
A. I give all my property and assets both movable and immovable
whatsoever and wheresoever not otherwise effectually disposed of by this
my Will or any Codicil hereto (including property and assets over which I
have a general power of appointment) to my Trustees UPON  TRUST to sell
the same  or any part thereof which may not consist of money or to retain
the same or any part thereof in the same condition or state of investment
as it was at the time of my death for so long as they my Trustees shall in
their absolute discretion decide without being liable for loss.1038 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
B. My trustees shall out of the clear moneys to arise from any such sale
and out of my ready moneys pay my funeral and testamentary expenses
and debts and any legacies given by this my Will or any Codicil hereto.
C. My trustees shall stand possessed of the residue of the said moneys
and of the property and investments for the time being representing the
same and of such part of my said property and assets as shall for the time
being remain unsold (hereinafter called  ?the Trust Fund?) upon the trusts and
with and subject to the powers and provisions hereinafter declared in this
my Will.
61
Clause empowering the trustees to apply trust fund for the
benefit of the wife and children of the testator
If at any time the income of my Residuary Estate is in the opinion of my
Trustees insufficient for the maintenance of my wife (being still my widow)
and my children living with her (including the education of such children)
or after her death (or marriage) is insufficient for the maintenance and
education of my minor children and grandchildren (children of a deceased
child) presumptively  entitled to participate therein my Trustees may from
time to time at their discretion raise all or any part of the capital thereof and
apply the same for the benefit of my wife and such children and grandchil-
dren as aforesaid or any of them and may either at the time of such advance
or upon the distribution of the Trust Fund make any such adjustment by way
of hotchpot as they consider just.
62
Clause empowering the trustees to insure trust estate
My Trustees may insure against loss or damage by fire and any other
risk any property for the time being comprised in my estate or any trust fund
created by this will or any codicil hereto for any amount notwithstanding that
any person is absolutely entitle to such property and may pay the premiums
for such insurance out of the income or capital of my residuary estate or
out of the income or capital of such property or any trust fund comprising
such property and I declare that any money received by my Trustees under
any such policy shall be treated as though it were proceeds of sale of the
property insured.
63
Declaration against ademption of testamentary disposition
by subsequent lifetime gifts
I declare that any lifetime gifts made by me whether before or after theCh. 63] WILL?FORMS 1039
date of this my Will to any of my children or any other beneficiary hereunder
shall not be brought into account by him or her (or by any other person)
against any testamentary gifts and benefits hereunder.
Note : Gifts made before the date of a Will are not, in the absence of direction to the contrary,
liable to be brought into account under the doctrine against double portions. What specific
provision will be required by a testator will depend on his wishes and the circumstances.
The above form can be adapted to meet what may be desired, including should the
testator wish any lifetime gift, and thereby an accelerated benefit, in fact to be brought
into account on the distribution of his estate among his beneficiaries.
64
Clause in the will making gift of shares and stock in a
Company as part of legacy
I give (free of charge) all my shares and stock of every description
(including debentures) in . . . . . . . Limited (and the benefit of any loans that
I shall have made to the Company which remain owing at my death) together
with all dividends and interest already accrued due or accruing thereon at
my death but then unpaid provided always that if any shares or stock which
would have been comprised in this gift have prior to my death been acquired
by another Company in consideration whether in whole or in part of shares
or stock in such other Company this gift shall also take effect as a gift of
such other shares or stock.
65
Clause in the will providing for gift of interest in business
and assets in favour of spouse
I give to my wife/husband all that my share and interest in the stock
equipment and other assets including book debts goodwill and bank
balances in the business of . . . . . .  which we carry on in partnership under
the name of . . . . . . . but such gift shall be subject to my share and interest
in the liabilities of such business.
66
Clause in the will empowering the trustees
to continue business
I employer my Trustees to carry on or join in carrying on for so long as
they think fit and to discontinue and wind up any business in which I may
at my death be engaged either alone or in partnership and to retain and
employ therein any part of my estate (whether employed therein at my death
or not) and to employ or concur in employing any persons (including
themselves) in or about such business at such remuneration as they think1040 CONVEYANCING, DRAFTING & DEEDS [Ch. 63
fit and generally to act in all respects in relation to the said business or my
interest therein as if they were the absolute owners thereof and in
ascertaining the profits of such business my Trustees shall have full power
to make such provision for depreciation and for any reserve fund which they
consider expedient and (if any of my Trustees are employed in the said
business) to receive remuneration for employment in the said business
without being liable to account therefor.
67
Power to have accounts audited annually by the trustees
My trustees shall have power to exercise once in every year the statutory
power to cause the trust accounts to be examined or audited by an
independent accountant.
68
Clause providing for accrual of the share in the trust, in the
event of failure or determination thereof, to the other
shares in the trust
If the trusts hereinbefore declared of and concerning any share or shares
of the Trust Fund shall fail or determine then from the date of such failure
or determination such share or shares (and any share or shares or part or
parts of a share or shares which may accrue thereto by virtue of this
provision) shall accrue and be added to the other share or shares of the
Trust Fund (and equally if more than one) the trusts of which shall not at
that date have failed or determined and be held upon the like trusts and
subject to the like powers and provisions as those affecting such other share
or shares.
69
Clause providing power to the trustee under the will to
insure trust property
[Alternative Clause]
My trustees shall have power to insure under comprehensive or any
other cover and against any risks and for any amounts as they deem
appropriate for any possible effects of increasing building costs and
expenses any asset which forms part of the Trust Fund irrespective of who
may use or enjoy the same And the premiums in respect of any such
insurance may be discharged by my Trustees either out of income or out
of capital (or partly out of one and partly out of the other) as my Trustees
shall in their absolute discretion determine and any moneys received by
my Trustees as the result of any insurance insofar as not used in rebuilding
reinstating replacing or repairing the asset lost or damaged shall be treatedCh. 63] WILL?FORMS 1041
as if they were the proceeds of sale of the asset insured PROVIDED ALWAYS
my Trustees shall not be under any responsibility to insure or be liable for
any loss that may result from any failure so to do.
70
Bequest of manuscripts for literary works to executor with
provision for sharing the sale proceeds
As I have various and sundry manuscripts which have not yet been
published, I appoint . . . . . . as my literary executor, and bequeath to him
as such all my manuscripts, papers, and letters, and desire him to have such
of them published as it is practicable and profitable.
I also ask him to edit my autobiography and preface the same for
publication, and I direct that he shall have one-third of the