death of the last one surviving of said annuitants, all that remains of said fund and its accumulations, if any there be, shall be treated and distributed in the same manner. Provided, further, that the expenses of the last illness, and the funeral expenses of each of said annuitants, may be paid from the income of said fund, or from the fund itself, in the discretion of my said Trustee, or his successor, or suc

cessors.

Article Fifth:

I desire to change the method of the distribution of a portion of my estate, as set out in "Article Fifth" of my said last Will, in the following particulars, to-wit:

in

It is my Will, and I hereby direct, that "one equal part or share of my said estate so remaining," which is directed to be paid to my daughter, Sub-paragraph "4th' of said "Article Fifth," be given, surrendered, granted, conveyed and paid over to my son, ..... in trust nevertheless for the following

purposes, to-wit:

1. To manage, control, invest and re-invest the same according to the best judgment of my said Trustee, his successor or successors, hereby giving and granting full power and authority to invest the personal property or moneys, in real estate, to sell real estate, and to do any other act or thing, which may appear to my said Trustee, his successor or successors, to be necessary and for the best interests of said Trust Estate.

2. To pay to my daughter,

such

sum or sums of money, from the income thereof, as my said Trustee, his successor or successors, may

deem best and most expedient, the same to be paid at such time or times each year, as she may desire, for and during her life time, it being my wish that she shall be as liberally supplied with funds, and kept as free from care, worry, or trouble, arising from the care or management of property as she has been during my life time, and I direct that the sum or sums so paid to her shall at least equal the total net annual income from the rents and profits of any and all real estate belonging to said trust estate. 3. Upon the death of my said daughter, it is my will and I hereby direct, that all the rest, residue and remainder of said trust estate, be distributed by my said Trustee, his successor or successors, among my heirs, in the manner provided for the distribution of the residue and remainder of my estate in my said last will, except as changed or modified by this codicil.

Article Sixth:

I wish to have it expressly understood whenever the word "income" is used in my said last will, or in the codicil, that the meaning of said word shall not be understood as including any increase in the value of a fund or investment, to which it may refer, but only the annual net amount actually received from said fund or investment; and I also wish and direct that "Article Ninth" of my said last Will shall be taken, and understood to apply to each and all of the devisees named in this codicil.

I further desire to, and I do hereby cancel and erase that portion of "Article Seventh" of my said Will beginning on line (3) on page (10), and extending to the end of said

Article as follows: "Articles first and Article Second" and to substitute therefore the following, to-wit; "Article Third."

In Witness Whereof, I have hereunto signed my name and affixed my seal, this

A. D. ...

....

...

day of

The foregoing instrument, written upon

paper, was signed, sealed, published and declared by the said .., as and for a codicil to his last Will and Testament, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses thereto.

of .... of ...

I.

Gaskill v. Weeks, 154 Mich. 224. Last part of second paragraph construed so as to mean that the children shall share equally with the children of the brothers and sisters.

of the city of

and State of ... do hereby make and publish this my last will and testament thereby intending to dispose of all my worldly estate of which I shall be possessed at the time of my demise. I direct that all my just debts including funeral expenses and expenses of administration be paid out of my estate. The residue and remainder of my estate, both real and personal, I devise and bequeath to

and ....

during her

my executors, hereinafter named, in trust for the following purposes: First. To my wife, natural life the net income of my estate and in case such income shall not be sufficient to suitably support her to use

...

and appropriate sufficient of the principal of my estate for that purpose.

Second. After the death of my wife and the payment of her funeral expenses to convert my remaining estate into money and divide the same between all the children of my brothers and sisters and .. ... then living share and share alike, and in case any of said children shall die leaving issue living at the time of the distribution of my estate such issue shall take the share of their deceased parent.

I hereby appoint

and

...

executors of this my last will and testament and revoke all other wills by me at any time made.

In witness whereof I have hereto set my hand this day of....

A. D......

Signed by the testator,

.....

for his last will and testament in the presence of us, who, at his request, in his sight and presence and in the presence of each other, have subscribed our names as attesting witnesses this ... A. D......

day of

.....

No. 84. The Ferris Will.

Trustees v. Wood, 145 Mich. 261. The doctrine of precatory trusts has no application in this case.

After the payment of all my just debts and funeral expenses, I give, devise and bequeath to my beloved wife, should she survive me, all my real

and personal property of which I may die possessed, of every kind, name and nature whatsoever.