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do and shall place out the dividends or interest arising thereupon, from time to time, until my said son James shall attain the age of 21 years, (or in case he shall die before that age, until the period shall arrive when he would, if living, have attained that age,) in the purchase of like annuities, so as to cause as great an accumulation of stock as may be ; and when and so soon as my said son James shall attain the said age, or the period shall arrive when he would, if living, have attained that age, then to transfer one fourth part of such bank annuities as shall have been so purchased as aforesaid, unto my said son William, his executors, or administrators; one other fourth part unto my said son Henry, his executors, or administrators ; one other fourth part unto my said daughter Elizabeth, her executors, or administrators; and the remaining fourth part unto my said son James, his executors, or administrators; and I give and bequeath to my said wise all my household goods and furniture, plate, rings, watches, china, ornaments, linen, and wearing apparel, books on the subject of divinity, prints, and such of my drawings as are in frames. And I do hereby will and declare that such stock in the public funds as may at my death be standing in the joint names of my said wife and myself shall be hers absolutely. I give and bequeath to my son Henry all my books, manuscripts, papers, and drawings, (except those given to my wife, and such books as contain matters relating to my business unfinished, and my books of account, and books relative to my cstates, all which I direct shall be retained by any executors), I also give to my son Henry all my boxes, containing books and papers relative to measuring, with their contents, utensils, and implements used in my business. I will that my executors do pay out of my personal estate 2001. for the board and education of my nephew H. T. until he shall be fit to be put out apprentice, and then that they do pay the further
sum of 2001. with him as an apprentice fee (9). I give to my son William 201. to be laid out for him as my executors hereafter named shall think proper. I forgive my son-in-law W. T. the debt of 1001. which he owes to me, and direct my executors to deliver up to him the bond whereby the same is secured to me, to be cancelled (10). I do hereby nominate, constitute, and appoint the said J. A. W. A. and J. C. executors of this my last will and testament; and I give to them the sum of 501. each, as some compensation for their care and trouble in the execution, of the trusts hereby in them reposed, and direct the same to be paid to, or retained by them, as soon as conveniently may be after my decease.
decease. I give and bequeath to my brother and to my two sisters and to my wife's son
the sum of 201, each, to be paid to them respectively, as soon as conveniently may be after my decease. And I appoint my said wife Appoints his guardian of such of my children as shall be under the wife guardian. age of 21 years at my decease; and after her decease I appoint my said trustees and the survivors or survivor of them the guardians or guardian of such of my children as may be then minors until they respectively shall arrive at the age of 21 years, and I do direct-(clause indennifying the trustees, &c. ]
In witness, &c.
· See before in page 528, et scq.
(9) If a legacy be given for the benefit of an infant in one way, and it cannot be applied in that way, it may be applied for his benefit in another way, as if it be to put him into orders, and he becomes a lunatic ;-and where a legacy is given as an apprentice fee, if the boy is not put out apprentice, he will be entitled to this legacy when he comes of age. 5 Vez. jun. 461. Barton v. Cooke,
(10) If W. T. should die in the testator's life-time this legacy will not lapse. 1 Vez. jun, 49, 1 P. Wms. 83. But it is to observed, that such a legacy will not prevail in equity against creditors ; it is good, however, against executors, and if an action be brought for it by executors the court will grant an injunction. 3 Atk. 581. 1 P. Wms. 86. (n. 2).
od will disposing of real and personal Estate by
way of Provision for Children.
Directions for THIS is the last will and testament of me, S. K.
&c. I desire to be buried in the vault which I have lately made in the parish church of in the said county, and I earnestly request that my wife and son and all those who for the time being shall be entitled to the rents and profits of my messuages, lands, tenements, and hereditaments hereinafter devised, will pay due attention to the keeping up of these graves and grave-stones of my family, which are in the church-yard of F. in the said county, and to which grave stones I have lately put head and foot stones. I give and bequeath unto my dear wife, and to my only son S. K. and to my son in law M. R. and to my only daughter R. M. D. his wife, the sum of —-l. a piece for mourning; and for the like purpose I give unto C. my son's wife, the sum of -l and to her two sons, U.S. W. and I. S. W. -- 1. a piece, and to my niece A. L. the sum of l.; I also give and bequeath unto my
said wise all the ornaments of her person, and 2
all my jewels, plate, linen, china, and all $ hold goods and furniture whatever and wheresoever,
and all my books, and all my horses and other cattle, and my chaise, carts, carriages, and implements of husbandry, and also all my stock of wines and other liquors whatever(1), to hold to her as her own abso
(1) If, as in some wills, the word "effects' happens to be inserted at the end of a particular enumeration, it will be restrained to articles ejusdem generis with those specified, even though the con. sequence should be a residue undisposed of; i 3 Vez. jun. 59, Rawlings v. Jennings. So goods and chattels,' though of legal import wide enough to carry all personal estate, yet coming after furniture,
lute property; I also give to my said wife the use and enjoyment of all my pictures, prints, and draw
&c.' are restrained to articles ejusdem generis ; 11 Vez. jun. 666, Stewart v. the Marquis of Bute. And the same rule holds where the words are other things;' 1 Eq. Abr. 201, pl. 13. And if a silversmith bequeaths all his furniture, books, goods, and chattels, his stock in trade will not pass, though the plate used in his house
as household furniture would pass; ibid. But it is held, that if a * man bequeaths his house and all that is in it, cash passes; but not promissory notes and securities; and it is a question whether bank notes would be considered as cash for this purpose; ibid. A bequest of all testator's goods generally will pass bonds, for they are bona notabilia ; but bonds, being choses in action, admit of no low' cality, and therefore a bequest of goods in a particular place will not pass bonds, which happen to be there at the testator's death; i Vez. 273, Chapman v. Hart, 1 Bro. C.C. 127, Moore v. Moore. A bequest of household goods extends to all household goods pure chased after the will, and which are in the house at the testator's death, and plate commonly used in the family will pass as household goods, 1 P. Wms. 424; and parol proof ought not to be received to disprove such intention, 2 P. Wms. 420. So under a bequest of a library after-bought books will pass, 1 P. Wms. 597, Ambl. 641. By a bequest of all household goods and all implements of household, malt, hops, beer, ale, and other victuals in the house do not pass, 3 P. Wms. 337., And note, that if a house be given for the life of the devisee with the furniture, it has been held that the devisee can have no greater interest in the latter than was expressly given to him in the former, 1 Atk. 470, 2 Atk. 321. A bequest to a wife of the household goods entitles her to the use of them anywhere, or even, it has been said, to let them to hire, 2 Atk. 217, and therefore where this is not meant, there should be restraining words. A library of books will not pass as furniture, 3 Atk. 302, Ambl. 605. A bequest of household furniture includes only what is for domestic use, and not what is for trade or merchandise, I l'ez. 97, 2 P. Wms. 302. So if a man deals in china, those pieces will not pass as furniture which are the goods of his shop, 2 Vez. 430. Under the words other goods and chattels whatsoever,' though coming after specified articles of a different description, running horses have been held to pass, Ambl. 612. • All my pictures,' will pass pictures pur. chased after the will, Ambl. 641, i P. Wms. 597, 2 Vern. 538. • All
clothes and linen whatsoever,' has been held to pass only body linen, 3 Bro. C.C. 311. Under a bequest of the use of a house, with all the furniture, stock of carriages and horses, and other live and dead stock, for life, plate was held to pass; but not wine and books, 3 Vez. jun. 311. By a legacy of a cabinet of curiosities, or. naments of the person though shewn as part of it shall not pass.
ings, during her life, and from and after her decease I give to my daughter R. M. D. the picture of herself; but the rest of my pictures, and all my prints and drawings I give to my said son S. K. I give and bequeath to I. N. of T. in the said county, esquire, and to C. B. the younger, of w. in the said county, esquire, the sum of a piece, to be laid out in the purchase of some small piece of plate, to be
kept by them respectively as a memorial of the friend Charitable be- ship subsisting between us. I order and direct the
sum of -1.to be divided as my wife shall think proper, or in case of her death as my said son shall think proper, among such of the poor persons resident in or belonging to the parish of St. L. in Iaforesaid, where I live, as shall happen to be upon my Christmas list, and to have received a small donation by my order at the Christmas preceeding my death. I likewise order and direct the sum of 1 to be divided or given as my wife shall think proper, to or amongst
all his plate and linen in his house at S. with the lease, to his wife; he had but one set of plate and linen, which was usually removed with the family from house to house; the plate happened to be at B. the country house, at his death, yet it was held to pass to the wife, 4 Bro. C. C. 537. A devise from the husband to the wife of the use of household goods, furniture, plate, jewels, linen, &c. for life, or widowbood, and afterwards to children, does not exclude her from her paraphernalia, 2 Atk. 217, and she may use them any where, unless they are annexed to the dwelling-house as heir looms, and then they cannot be used elsewhere; but it should seemn there is nothing to prevent her letting them, together with the house; see Fearn. Ex, dev. 36. If she put them in pawn, trores lies for the remainder-man against the pawnee, without paying him the money advanced upon them, 2 T. R. 376, Hoare v. Parker, and see Hartop v. Hoare, 3 Atk. 44.
Where a man devised all his goods, leases, estates, mortgages, debts, ready money, plate, and other goods whereof he was possessed, to his wife, after his debts and legacies paid, and made his wife executrix, it was held that his fee simple estate in a mortgage did not pass, for by the associated words it plainly appeared that he meant only by this clause to give things personal; see Cro. Car. 447, 449, and see Cole ». Rawlinson, Lord Raym, 831.