Page:The Green Bag (1889–1914), Volume 19.pdf/248

 THE WILL OF AN ENGLISH GENTLEMAN sequent period while the trusts herein con tained shall continue to exist in regard to the share of any child for whose benefit it is desired to apply the accumulation afore said."

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simplest and most ordinary description." It is nothing but a gift to the widow for life or during widowhood, and then to the chil dren. It is what testators do or are plan ning for every day. Almost anything, how Whether the interests are vested or con ever, is more easily conceivable than that tingent, it may happen in certain exigencies the layman who sits down to draft such a that some one or more children may require testament should ever begin to perceive the more than the income from their vested or perfection of form and detail to which an expectant share, — as in the case of extra instrument on these simple lines can be ordinary illness, or in taking advantage of brought. educational opportunities involving unu One wonders why there was any demand sual expense. To be able to meet this con for all this perfection of detail. It was tingency the trustees should be given power doubtless expensive, and yet any convey with the consent of the wife during the time ancer might safely admit that in no case she is entitled to the income, could all the provisions be operative, and that in a considerable proportion of cases "to apply any part of the principal of the vested,1 presumptive, or expectant share a very substantial number of the clauses ■of any child, grandchild, or other issue, under would never have any effect at all. Unless the trusts hereinbefore contained, towards his family is rather larger than usual, or the maintenance and education of such child, grandchild, or other issue, in such he has married rather late, the testator may manner as the said trustees shall deem fairly expect to live till his children have all reached twenty-five. Those children, if proper." any, who die under twenty-five, will proba This power may, of course, and frequently bly not have been married or have had <ioes, go farther and allow the trustees to children which are left surviving. The tes make advancements to sons to enable them tator's wife, if not dead before him, will to purchase the shares of a business, a very likely die a few years after him. At commission in the army, or a living in the that time, therefore, there must be an im church, or any purpose in the discretion mediate distribution of the whole estate to of the trustees. adults. It will be in a proportion of cases The balance of the will contains some only that the family history will be such routine clauses, declaring that the gift to as to call for the application of many of the wife shall be in lieu of all interest which the provisions inserted. Why, then, not the law allows her, providing a method of take a chance and have a will expressing supplying the place of a trustee who dies the bare essentials of a gift to the wife and or becomes incapable or refuses to act, and then to the children with a simple trustee naming executors. ship and power of sale in the trustees? This, then, as Davidson, in his PreceAll that can be said is that the education, -dents, says, is an outline "of a will of the tradition, and temper of the English gentle 1 The word "vested " was necessary where the man of even moderate fortune must have wife took for her life because then after her second forbidden the taking of any chances. He marriage, she was not able to relinquish her life must have had a profound respect for that interest to a child over twenty-five having a vested which is exactly correct. It must have been interest, who required an advancement. If the that he would rather have what the tra gift be to the widow during her widowhood only, ■the word vested may properly be omitted. (See ditions of his kind dictated than what he Davidson's Precedents, Vol. 3, p. 44. note 10, (ed. might personally want. His demands no doubt have created — certainly they have of 1880).)