Will With Provision For Appointment Of Trustee For A School Deeds Wills & Codicils 1729 - Legal Draft
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Will with Provision for Appointment of Trustee for a School
I,.........son of.........hereby declare this to be my last will thereby revoking all or any previous wills or codicils made by me and devise and bequeath my estate as follows:
After defraying the expenses of administration of my said estate and obtaining probate or letters of administration with the will annexed and after meeting all expenses of my funeral and construction of the samadhi as provided in the will and after paying off all debts or liabilities that may be owing from me to any other person or persons, I hereby bequeath and devise all my movable and immovable properties including chooses-in-action and trade-mark and patent rights unto—
(1) Shri.................................................. of..........................................
(2) Shri.................................................. of..........................................
(3) Shri.................................................. of.......................................;..
(4) Shri.................................................. of..........................................
(5) Shri.................................................. of..........................................
jointly as trustees of my said estate for the purpose of establishing and maintaining a school for the education of the children of poor persons specially those belonging to the scheduled castes and of beggars and unattached children.
The said trustees shall be entitled to convert all my properties and assets into any kind of Trustees' security and keep the same invested in such securities as they deem fit in order to carry out the purposes of the trust and change the same.
The school shall be named ......... and shall consist of kindergarten,
primary and secondary classes, so as to equip each child with an appropriate mode of living and becoming a good citizen of India having knowledge of arts and science suitable to the mental equipment of each such child and making him physically fit to bear the burden of life thereafter. The said school shall have attached residential boarding house where each child shall receive enough individual attention and shall be brought up in a decent and orderly way of life.
No fees shall be charged in the said school and the children shall be clothed and fed properly. For the purposes of carrying out the objects of the trust, the trustees may establish and maintain a dairy, a laundry, workshop and/or any other institution which they may consider suitable or advisable to assist them in the duties aforesaid.
In case State aid should become necessary, the trustees shall be entitled to apply for the same and observe the rules and regulations that may be imposed upon them by the State, which may override any of the instructions hereby given by me.
The trustees are directed to set apart a sum of Rs.............to be utilized
for the building of a. samadhi in my name at any appropriate place, whereto should be attached small resting place for travellers which should be equipped with a well and other necessary amenities of life.
I have no wife nor any children. But in case any near relation of mine should on account of poverty be unable to maintain and educate his or her children, such children should be given preference in the admission to the aforesaid school.
In witness whereof I have hereunto set and subscribed my hand and signature this.........day of 2000.
Signed by the within named
Testator as his last Will and
Testament in our presence all
being present at the same time.
Thereafter at the request of
Testator and in his presence and
in the presence of one another
we subscribe our respective names
Signed by AB the Testator
Signed by MN in the
presence of AB and PQ
Signed by PQ in the presence
of AB and MN
Court Proceedings. Application for Probate or Letters of Administration with the Will annexed has to be made by a petition. The petition has to be made in the court within whose jurisdiction the testator had permanent residence or within whose jurisdiction some properties covered by the Will are situated. A copy of the Will or a statement of contents of the Will is to be annexed to the petition. The petition must contain the date of the Testator's death, a statement that this was the last will and Testament, it was duly executed and attested and the amount and particulars of assets likely to come in the petitioner's hands and that the petitioner is the executor named in the Will. Particulars of value of assets lying in different places outside the jurisdiction of the court should also be stated.
If the Will has been lost or mislaid after the Testator's death or it has been accidentally destroyed then on the basis of a copy of a draft of the Will, the Probate may be granted for a limited period until the original or an authenticated copy of the Will is produced.
Revocation. The Probate or Letters of Administration may be revoked for a just cause. It will be revoked if the Probate proceeding was defective in substance or if the Probate was obtained fraudulently by making false suggestions or concealing any material fact from the court or by making untrue allegations or the grant has become useless or inoperative through circumstances or that the person obtaining the Probate exhibited incorrect inventory or accounts.