Deed Of Appointment Under A Will Deeds Testamentary Matters 1742 - Legal Draft
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THIS DEED OF APPOINTMENT made at ... this ... day of ... by Mrs..........W residing at ... hereinafter referred to as the Donee as follows: -
WHEREAS
(1) The late Mr. X died at ... leaving behind him his last will and testament dated...
(2) The said deceased died leaving behind him his widow the said Mrs. W (the Donee] and two children, one son being Mr. A and one married daughter being Mrs. B as his only heirs according to the law applicable to him.
(3) By the said Will, the said testator inter alia bequeathed the immoveable property described in the Schedule hereunder written to the Donee for life and on her death to the children of the said Testator from the said Donee in such shares or rights as the Donee shall, during her life appoint, instead of in shares to which they would be entitled to if the deceased had died intestate., and failing which to the children then living in equal share.
(4) The said will or testament has been proved and probate thereof is granted by the High Court of
.........to executors appointed by the said will on
or about the day of...
(
5)
The Donee in exercise of her power proposes to execute this Deed appointing that the said property after her death shall belong to her children the said A Sr B in the shares or proportions namely that A will have two third share therein and B will have one third share therein absolutely.
Now this Deed witneseth that the Donee in exercise of the power vested in her by the said Will or testament hereinbefore recited and any other power thereunder enabling her during her lifetime to appoint the said property after her death to the children of the said testator namely the said A & B in such shares as the Donee may think fit, instead of in the shares to which they may be entitled according to law of intestate succession, she the Donee hereby irrevocably directs and appoints that after her death the said property described in the Schedule hereunder written shall belong to the said Mr. A and Mrs. B in the proportions or shares namely that the said A will be entitled to two third share right, title and interest therein and the said Mrs. B will be entitled to the remaining one third share, right/title and interest therein.
IN WITNESS WHEREOF the Donee has put her hand the day and year
first hereinabove written.
THE SCHEDULE ABOVE REFERRED TO:
X X X X X
Signed by the within-named Donee
Mrs... in the presence of ... 1. 2.