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Detail Will Deeds Testamentary Matters 1745 - Legal Draft

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Category : Deeds Testamentary Matters

Detail Will

I ... of ... residing at ... and ... by occupation make this to be ray last will and testament.
1. I hereby revoke all wills, codicils and other testamentary documents, made by me and particularly my will dated ... and codicil dated...
............

2. I appoint (1) ... (2) ... (3) ... to be the executors of this Will and trustees of my estate.

3. 1 am possessed of and absolutely entitled to moveable and immoveable properly which is described in the Schedule hereunder written. Any mistake in the description or any omission therefrom will not affect the dispositions hereby made and this will will apply to all my property of whatsoever nature and wherever situate and whether standing in my name alone and jointly with anybody else, if any name is first mentioned.
4. My executors, shall, after my death, pay a sum of atleast Rs. ... to my wife Mrs. ... out of the income of my property or out of any cash available from Bank accounts for the maintenance of my wife since my death till the executors obtain probate of this Will. This payment shall have priority over all other bequests and dispositions.
5. I bequeath my immoveable property situate at ... and bearing S. No. ... and House No. ... to my two sons by names ... and ... absolutely and in equal shares.
6. I bequeath the gold ornaments and jewellery mentioned at item No. ... in the said Schedule to my wife absolutely.
7. I bequeath the following amounts to my grandchildren and others mentioned opposite the figures of the said amounts, absolutely.
Rs.
to my grandchild........ ...
Rs.
to my granddaughter........
Rs.
to my widowed sister

......
Rs.
to my servant ................
8. I direct that a sum of Rs
............or securities of the face value of that sum shall be set apart and held on trust following that is to say –
(a) The income therefrom shall be paid to ray wife absolutely during her lifetime and until her death without liability to account.
(b) After my wife's death or if she predeceases me then on my death the income from the said fund will be paid to my two daughters until their respective marriages
(c) If and when any of my said two daughters marries, one half share of the said amount or securities will be paid to her absolutely.
(d) If any of the said two daughters remains unmarried her half share in the said fund will be held on trust for her and income therefrom will be paid to her as and when it accrues until her death and thereafter the same will belong to my sons in equal shares or if they are not then living to their respective heirs equally.
(e) If any of the said daughters dies without marrying, her one half share in the corpus of the said fund will belong to my two sons or if they are not living then to their respective children in equal shares absolutely.
9. All the rest and residue of my estate which I may die possessed of and entitled to shall belong to my two sons absolutely and in equal shares. If any of my sons has died at the time of my death, his one half share shall belong to his children or child absolutely and in case of more than one child, the children shall lake in equal shares. If he has died without any child, but left a widow, his half share shall belong to the widow absolutely, but if has died unmarried, his half share will belong to the other son or his children as the ease may be.
10. If by chance any of my properties
is likely to go as on inteslacy because of any legacy not taking full effect, such property shall be given to such public charity as my trustees shall think fit,
11. My executors and trustees shall pay in priority all my liabilities including my death-bed and funeral expenses and testamentary expenses and expenses incurred in the recovery and administration of the estate. Such liabilities and expenses shall preferably be paid out of my residuary estate, and if it is not sufficient out of the amounts to be set apart for payments mentioned in clause 4 above and in that case the amounts will abate proportionately and if the said amounts are also not sufficient to pay the liability and expenses, the balance will be met by sale of the said ornaments and jewellery mentioned in clause 3 above.
12. I am having a power of appointment under the Will of my brother ... date ... By (he said Will he has directed that on the death of his widow [she being issueless) his remaining property shall be given to such person or persons including any charity as I may think proper. I, therefore, in exercise of the said power direct that on the death of my brother's said widow the properly left out of the estate of my brother shall be given to the Public Charitable Trust known as ... absolutely.
13. 1 have made this Will while I am in sound health and of good understanding and in witness thereof I have put my signature hereunder in the presence of witnesses on this ... day of...
........
Signed by the within
- named Testator ... )
opposite, in the presence of witnesses.
)
opposite in the presence of the
testator and in the presence of 
) TESTATOR
each other have put their signatures hereunder
as witnesses,
)


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