I, CODICIL. of Michigan, having made my last will and testament, bearing date the day of .. ... do now make this codicil to be taken as a part of the same: First. I do hereby ratify and confirm said will in every respect, save as far as any part of it is inconsistent with this codicil. Second. I hereby direct that the royalties and other moneys received from leases of mineral lands, whether such leases be made by me during my life, or by my executors and trustees after my death, shall be considered as a portion of the capital of my estate, and shall be invested as such by my executors and trustees. The income derived from such capital to be paid to my children as in my will provided. The accumulation from this source not to continue longer than the minority of my grandchildren now living, after which the royalties and income from mineral lands shall be paid to my children. .... Third. I hereby remove the restriction in my will directing the executors and trustees to invest and re-invest the proceeds of my estate and lands in the city of and interest and dividend paying securities, and hereby authorize my said executors and trustees to make such investments as in their judgment may be for the best interests of my estate. Fourth. If either of my children contests this codicil to my will, and seeks to have the same declared invalid, such child shall receive no portion of my estate, and in such a case I direct that the whole net income thereof be paid to my other child during his or her life. Fifth. It is my wish that my executors and trustees be not required to give bonds. In witness whereof, I, have, to this codicil to my last will and testament, subscribed my name this at said day of .... Signed and declared by the said ... as and for a codicil to his last will and testament, in the presence of us (both being present at the same time), who, at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. Michigan. Michigan DEFECTIVE WILLS. No. 97. The Dean Will. No. 99. The Holmes Will. Dean v. Mumford, 102 Mich. 512. Provisions in a will which are not valid when made and when the will takes effect cannot thereafter be made valid by the election of the widow to take under the statute. Provision against statute of perpetuities. No. 97. The Dean Will. us, No. ... First. I give and bequeath to my beloved wife, the use of the homestead now occupied by street, together with all the furniture and other personal property thereon and connected therewith, to be used and enjoyed by her during her natural life as a home for herself, and for such of my children as shall remain unmarried, and shall be agreeable to her; the taxes and repairs upon said homestead to be paid by my executors from my estate. Second. I also give and bequeath to my said wife the sum of $..... per annum, to be paid to her quarterly or monthly by my executors, as she may desire; to be received, used, and enjoyed by her during her natural life. Third. All the rest, residue, and remainder of all the goods, chattels, real and personal estate, of whatsoever kind or nature, or wheresoever the same may be situated, I desire to be divided equally between my children,aged ... aged ... aged. and or to the survivors of them, excepting in case any of them shall die leaving child or children surviving; then, in such case, the respective interests of my sons and daughter above named shall go to and belong to the child or children surviving them, respectively. and Fourth. Whereas, I have advanced to my sons certain sums of money, which will appear charged to them upon my books, and if I shall advance to them, or either of them, or others of my children, during my lifetime, other sums, all such sums in money or property which I shall advance to or pay for and shall charge to them, respectively, shall be deducted from the respective portions above designated to go to my said children. Fifth. I hereby will and direct that the portions hereinbefore designated for my said sons and ... be held in trust by my executors, as trustees for my said sons, their wives and children, and the interest, income, and profit thereof be used and paid as in the judgment of my said executors shall be best for the support and maintenance of my said three sons, their wives and children, during the lives of my said sons and their wives; and, upon the decease of said sons and their wives, the portion so held in trust by my said executors shall become the property of and go to the child or children of said sons, severally, and their heirs and assigns forever. No. 98. The Niles Will. Niles v. Nason, 126 Mich. 482. The will in this case is a copy of the Palms will with a bequest added, as shown in paragraph four. This bequest was a charge against the whole estate and therefore rendered void the other two subsequent I hereby grant, devise, and bequeath all my estate, real and personal and mixed, to of said city of as trustee, and in trust for the uses and purposes herein below set forth, to wit: 1. To collect all rents, profits, insurance, and other moneys due the estate upon all real and personal property; to buy, sell, lease, repair, and assign any and all of my estate, both real and personal; to invest and re-invest the proceeds thereof in any manner he may deem fit; and to do all acts and pay all necessary expenses for the care, protection, and management of my estate in my stead. 2. To pay all my just debts and funeral expenses. 3. To pay the sum of .... ... dollars to if he makes himself known in person to said within years from the date of my demise. 4. To pay the sum of dollars to upon the first day of each and every month during her life, contingent upon her remaining unmarried. Upon the event of her marriage the said legacy to cease, and to become part of the income hereinafter provided for. 5. To pay annually one-half of the income from my entire estate, real, personal, and mixed, after the payments above set forth, to my son during his life, and the other half of said income to my daughter, during her lifetime. ... to pay one 6. Upon the death of my son.. half of the principal of my estate to his children in equal proportions. If no issue survive him, then the same to be |