the same may be, which shall belong to me at the time of my death; and, without prejudice to the generality foresaid, all debts or sums of money, heritable or moveable, cash or bank notes, household furniture, and other means and estate, with the vouchers and securities of my said means and estate. AND for carrying these presents into effect, whichever of us may predecease the other, the predeceaser does hereby bind his or her respective heirs to implement his or her part of this agreement, and to execute all necessary deeds for carrying the obligation on the party predeceasing into effect; and we respectively NOMINATE and APPOINT the SURVIVOR of us to be sole executor, universal legator and intromitter with the whole goods, gear, debts, sums and effects, that shall belong to the per.. şon predeceasing, at the time of his or her death; WITH POWER to the survivor to intromit with, and dispose of the whole estate of the deceased, and to pursue for, and receive the same, to grant discharges thereof, and to complete titles thereto as accords. RESERVING ALWAYS to each of us, our liferent rights over the subjects and effects respectively conveyed by us in manner above written; with full power and liberty to us, or either of us, while we remain in liege poustie, and with the knowledge of the other, to alter and revoke these presents; AND we dispense with the DELIVERY hereof, and declare that these presents, though found lying by either of us at the time of our death, or in the custody of any other person,

undelivered, shall be as valid and effectual to the survivor, as if the same had been duly delivered. AND WE CONSENT to the REGISTRATION hereof in the books of Council and Session, or other books competent, therein to remain for preservation; and for that purpose we cONSTITUTE our procurators, &c.

In witness whereof, &c.

6. Mutual General Disposition by Strangers. We, A B and C D, do hereby, severally, and each for his own part, GIVE, GRANT, and DISPONE to the survivor of us, and to his heirs and assignees whomsoever, ALL and SUNDRY lands and heritages, goods, gear, debts and effects, heritable and moveable, wherever situated, or of whatever description, or which shall pertain and belong to the party predeceasing at the time of his death, with the whole title deeds, vouchers, and instructions thereof; dispensing with the generality hereof, and admitting and declaring these presents to be equally effectual, to all intents and purposes, as if each particular of our respective estates, heritable and moveable, were herein expressly described. In which lands and other heritages we BIND and OBLIGE ourselves respectively, our heirs and successors, to infeft and sease the survivor, his heirs and successors, to be held by him or them blench of the party predeceasing, or of his superiors therein, in the same manner that the party predeceasing held or might have held the same,

and for that purpose to grant all necessary deeds, with procuratories or precepts, and all other necessary claims; and we do further appoint the said survivor to be the sole executor and universal legatory of the person predeceasing, debarring all others from the office. BUT PROVIDING ALWAYS, as it is hereby expressly PROVIDED and DECLARED, that these presents are granted under the burden of the payment of our respective debts and funeral expenses; RESERVING ALWAYS full power and liberty to either of us at any time, and even on death-bed, to burden the right of the survivor with legacies to the extent of Sterling, payable at the first term of Whitsunday or Martinmas after the death of the person predeceasing, and reserving also power to either of us, while in liege poustie and in perfect health, to REVOKE and ANNUL the rights hereby constituted, PROVIDED ALWAYS such revocation shall have been instantly intimated to the other party; but RENOUNCING all power of revocation under any other circumstances, and DECLARING this deed, in so far as not altered, in terms of this power, to be valid and effectual, though lying in the custody of either of us, or in the hands of any one to whom we or either of us may entrust the same, undelivered; DISPENSING with the DELIVERY hereof, and revoking all previous settlements that may in any shape interfere herewith. AND WE CONSENT to the REGISTRATION hereof in the books of Council and Session, or other Judges' books competent, therein to remain

for presesvation; and for that purpose CONSTITUTE our respective procurators, &c. In witness whereof, &c.

In a deed of this kind, it may perhaps be proper to consider what ought to be stipulated in the event of children; and, whether either of the parties having heirs of his own body, ought not of itself to put an end to the settle

ment.

SECT. III.

OF CONVEYANCES IN TRUST FOR AN HEIR.

WHEN a proprietor, in distributing his property, means to constitute a liferent interest in his estate, or to provide for those who may afterwards exist, he finds it necessary, in many situations that may be supposed, to resort to the medium of a trust for attaining his object. In this way he avoids all questions depending on the vesting of the fee; and the acts and deeds of those he means to favour, can operate no farther than to affect that precise interest in the succession which is conferred on them by the testator. It shall be my object, in this section, to give examples of Trust Settlements, and of the manner in which these Trusts are closed.

1. OF THE TRUST SETTLEMENT.

In the Trust Settlement, the corporate capacity of the trustees is pointed out by the dispositive clause where the trustees are named and designed. After the subjects are described, the purposes of the trust are expressed, and then the powers given to the trustees enumerated. This seems to afford a plain and perspicuous arrangement; and it is this order which is most generally followed. I proceed to give examples.

1. Disposition and Settlement in the form of a Trust, conveying the whole property of the Grantor for the use of his Grandson, and for securing provisions to his other Grandchildren, as well as to unmarried Daughters, &c.

I, A B, CONSIDERING that my only son JB died lately, leaving three children, C B, D B, and E B, and that I have one daughter in life, F B; and being now resolved to settle my affairs, by conveying my estate, heritable and moveable, to trustees, for behoof of my eldest grandson, under the burden of provisions to my daughter, and to my other grandchildren; THEREFORE I, WITH CONSENT OF L M, my spouse, and I the said LM for myself, and we both with mutual ADVICE and