e without
power of anticipation whilst under coverture; (3) for payment to the
survivor for his or her life of the income of both properties; (4)
after the death of the survivor, both as to capital and income, for
the issue of the marriage as the husband and wife shall jointly by
deed appoint, and in default of joint appointment as the survivor
shall by deed or will appoint, and in default of such appointment for
the children of the marriage who attain twenty-one, or being daughters
marry, in equal shares, with the addition of a clause (called the
hotchpot clause) precluding a child who or whose issue takes a part of
the fund by appointment from sharing in the unappointed part without
bringing the appointed share into account. Then follows a power for
the trustees with the consent of the parents whilst respectively
living to raise a part (usually a half) of the share of a child and
apply it for his or her advancement or benefit. Power to apply income,
after the death of the life tenants, for the maintenance and education
of infants entitled in expectancy, is conferred upon trustees by the
Conveyancing Act 1881. The ultimate trusts in the event of there being
no children who attain vested interests are (1) of the husband's
property for him absolutely; and (2) of the wife's property for such
persons as she shall when discovert by deed, or whether covert or
discovert by will, appoint, and in default of appointment, for her
absolutely if she survive the husband, but if not, then for her next
of kin under the Statute of Distributions, excluding the husband. For
all ordinary purposes the trustees have now under various statutes
sufficient powers and indemnities. They may, however, in some cases
need special protection against liability. A power of appointing new
trustees is supplied by the Trustee Act 1893. It is usually made
exercisable by the husband and wife during their joint lives, and by
the survivor during his or her life.

Wills.

The form and contents of wills are extremely diverse. A will of,
perhaps, the commonest type (a) appoints executors and trustees; (b)
makes a specific disposition of a freehold or leasehold residence; (c)
gives a few legacies or annuities; and (d) devises and bequeaths to the
executors and trustees the residue of the real and personal estate upon
trust to sell and convert, to invest the proceeds (after payment of
debts and funer