Testament in favour of a Person to whom the Property of the Effects, as well as the Office of Executor, is given.

I, A B, do hereby LEAVE and BEQUEATH all the moveable property that may belong to me at the time of my death, to C D, whom I hereby NOMINATE and APPOINT to be my sole executor and universal legatory; BUT under the burden always, of the just and lawful debts that shall be due by me at the time of my death, and of my funeral charges-(If there be legacies you will say, And also under the burden of the following legacies, payable against the first term of Whitsunday or Martinmas after my death, with interest thereof from that term during the not payment thereof, viz. to E F &c.) AND THIS I DECLARE to be my LAST-WILL and TESTAMENT; RESERVING nevertheless full power to innovate or revoke, or further to burden the same at pleasure; DISPENSING with the DELIVERY hereof, and DECLARING these presents to be valid, though found in my custody undelivered at the time of my death. AND I CONSENT to the REGISTRATION hereof in the books of Council and Session, or other judges' books competent, therein to remain for preservation; and for that purpose I CONSTITUTE

my procurators, &c.

In witness whereof, &c.

When a perfon has made a fettlement in this form, and is defirous of making an addition to it, it is by a Codicil the addition is made.

Codicil.

The Codicil conftitutes legacies without appointing anexecutor. It fuppofes that an executor has already been named by a regular will, and it contains new obligations incumbent on him, without recalling those of the original will. But although the codicil be thus, in fome degree, a relative deed, the want of a previous will does not deftroy its powers, nor render ineffectual the legacies which are thereby appointed to be paid.

The codicil is conftituted by the fame folemnities with the will itself, though, in the Roman law, the will was a more formal deed, and thence generally contained a clause, declaring that if it should be ineffectual as a will, it might still remain good as a codicil; with us, this is unneceffary: The fame folemnities are required in both.

my

Form of the Deed.

1, A B, in addition to the legacies contained in latter-will and testament, of date, &c. (or, if the codicil be written on the back of the will say, 'in • addition to the legacies contained in the foregoing will,') Do hereby LEGATE and BEQUEATH to the persons following, the sums of money and articles after expressed, viz. to R S the sum of 100l. Sterling; to TW the sum of 50l. Sterling; and to J Y the whole silver plate that shall belong to me at the time of my death. WHICH Sums of money, I ORDAIN the executor of my said will to PAY to the said legatees against the first Whitsunday or Martinmas after my death, with interest from that time during the not payment thereof. AND I ORDAIN them to DELIVER the articles legated to the said JY within ten days after my death. AND I DECLARE, that my said latter-will and testament (under this addition thereto) shall stand in full force; and I CONSENT to the REGISTRATION hereof in the books of Council and Session, or other judges' books competent, therein to remain for preservation; and for that purpose

CONSTITUTE

my procurators, &c. IN WITNESS WHEREOF, &C.

Examples of the Terms in which Legacies are Constituted.

A General Legacy.

1. When a general legacy is given, it is conftituted in thefe terms, viz. to C. D. the fum of 1001. Sterling.' In this cafe, if the legatee predecease the teftator, the legacy falls; therefore, wherever it is meant to give the legacy to the legatee's heirs, in the event of his predeceasing the teftator, the legacy will be expreffed in this manner, viz. to CD, or to his heirs, the fum of 1001. Sterling.

2. The teftator, in place of giving the legacy to the heirs of the legatee, may chuse to give it to another perfon; in which cafe, the fubftitution will be thus expreffed, viz. to CD, whom failing, to E F, the fum of 1001. Sterling.' Or, as there may be fome doubt as to the effect of this form of legacy, perhaps it would be proper to express, in words, that it is the teftator's intention to appoint E F as a conditional institute merely, or as a substitute to CD, and, according to the intention of the teftator, to exprefs it in one or other of the ways following:

Nomination of a Conditional Institute.

• To C D, whom failing, to E F, the fum of 100l. Sterling; and I declare E F to be merely a conditional institute, who fhall, as such, have right to the legacy, only in the event that it never fhall have vested in the faid C D.'

Substitution.

To C D, whom failing, to E F, the fum of 1001. Sterling. And I declare it to be my intention in this bequeft, to constitute the said E F, the fubftitute of the faid C D, fo that on the death of the faid C D, before his receiving payment of the above fum, whether it shall have vefted or not, and whether he fhall have completed any title to it or not, the faid E F fhall fucceed as fubftitute.'

3. It often happens in fubftitutions, that, failing a legatee, the legacy is given to the children of other legatees, or of other perfons. Wherever children are in this manner called, it ought to be expreffed, whether the teftator means to call those children only who shall be alive at the time that the fucceffion opens, or the whole children that were alive at the