REAL ESTATE CLAUSES. Parties, General observ XVI. SETTLEMENT on MARRIAGE, of FREEHOLD and COPYHOLD Estates by Appointment and Lease and Release, and Covenant to surrender. DECLARATION of USES-AS TO an Advowson for the Husband's Father for Life—AS To the other Hereditaments to the Use of Trustees for a Term to raise an ANNUITY by Way of PINMONEY AS TO all the Hereditaments, (subject as aforesaid), to the HUSBAND for LIFE-Remainder to TRUSTEES to preserve CONTINGENT REMAINDERS LIMITATIONS to the Wife of TWO JOINTURE RENT-CHARGES, (to take Effect in different Events), with Powers of DisTRESS and ENTRY-of a TERM to secure the same-of a TERM to raise PORTIONS for Younger Children, with the usual Clauses as to such Portions-to the FIRST and OTHER SONS of the Marriage in TAIL MALE-with REMAINDER IN FEE. POWER for the Husband to LIMIT a JOINTURE and CHARGE PORTIONS on any subsequent Marriage. PowERS to grant MINING LEASES-LEASES for Twenty-one Years-BUILDING AND REPAIRING LEASES and LICENSES to COPYHOLDERS to demise and do other ACTS-POWERS of ENFRANCHISEMENT and of SALE and EXCHANGETRUSTEE CLAUSES-COVENANTS for TITLE (a). THIS INDENTURE, made &c., BETween C. B., of &c., and his wife, of the first part; A. B., of &c., [the (a) For some general observations on the progress and nature of settleations on settlements of real property, see Harg. & Butl. Co. Litt. 290. b., n. (1), V.; Id. REAL ESTATE WITH USUAL CLAUSES. intended husband], (the eldest son and heir apparent of the said C. B.), of the second part; E. D., of &c., and C. D., of &c., (the third daughter of the said E. D., an infant under the age of twenty-one years (b)), [the intended wife], of the third part; I. K., of &c., and L. M., of &c., [releasees and trustees to preserve contingent remainders], of the fourth part; N. P., of &c., and Q. R., of &c., [trustees of the pin-money term], of the fifth part; S. T., of &c., and U. V., of &c., [trustees of the jointure term], of the sixth part; and X. Y., of &c., and Y. Z., of &c., [trustees of the portions term], of the seventh part: WHEREAS, under and by virtue of an indenture of bargain and sale duly enrolled in his Majesty's Court of Common Pleas at Westminster, bearing date the and made or expressed to be made between [parties], and of three common recoveries duly suffered in pursuance of the same indenture in Easter term, in the year of the reign of his late Majesty King, before his Majesty's jointly appoint; justices of the Court of Common Pleas at Westminster, and of certain indentures of lease and release bearing date. respectively the — and days of day of ―, the release being made or expressed to be made between [parties], the several manors of &c., in the counties of and, and with their re Recital of assurances, by virtue of which certain heredit aments stand limited to such uses as the husfather shall band and his 271. b., n. (1), V.; Butl. Fearne on Conting. Rem., 562, n. (h), 9th ed.; ments of real IV. Cru. Dig. by White, Tit. XXXII. chap. xxiv. s. 6 et seq.; ante, estate; Vol. I. Art. SETTLEMENTS, and supra, p. 308. simplest The precedent in the text, in spite of its length, is very nearly of the simplest description; for, with the exception of the partial provision for the form of. father and mother of the intended husband, it provides only for the husband and wife and the children of the marriage. It provides an annuity by way of pin-money for the wife during the joint lives of herself and her husband, and a jointure for her, if she survive the husband. It limits only one life estate-that of the husband-and one estate tail, viz. an estate in tail male for the first son of the marriage. Portions are provided for the younger children, and the husband is enabled to provide for a future wife and children should he survive his present wife and marry again. The other powers and clauses relate to the management and disposition of the estate. (b) As to settlements on the marriages of infants, see supra, p. 455, n. (a). WITH USUAL CLAUSES. REAL ESTATE Spective rights, members, and appurtenances, and the site of the late monastery or abbey of - in the same county, and the rectories of &c., in the same county, and the advowsons of the churches and rectories of &c. and of the churches and vicarages of &c., and of the chapels of &c., in the said county of; and also, all such and so many and such part or parts of the capital and other messuages, farms, lands, tenements, tithes, and other hereditaments particularly mentioned in the schedule hereunder written or hereunto annexed, as are not vested in the said C. B. for an estate of inheritance in fee-simple, or for a customary estate of inheritance to him and his heirs, with their appurtenances, are and stand limited, To the use of such person or persons, and for such estate and estates, interest and interests, and in such sort and manner and form, as the said C. B. and A. B. shall during their joint lives, by any deed or deeds, instrument or instruments in writing, to be by them sealed and delivered in the presence of, and attested by, two or more credible witnesses, from time to time direct, limit, and appoint; AND WHEREAS a marriage has been agreed upon, and is intended to be shortly had and solemnized, between the said A. B. and C. D.; AND WHEREAS, upon the treaty for the said intended marriage, it was agreed that the said several manors of &c., with their respective rights, members, and appurtenances, and the said site of the said late monastery and the said rectories of &c., and the said advowsons of the said churches and rectories of &c., and of the said churches and vicarages of &c., and of the said chapels of &c., and all the said capital and other messuages, farms, lands, tithes, and other hereditaments particularly mentioned in the schedule hereunder written or hereunto annexed, with their appurtenances, And all other the hereditaments, if any, in the said county of, or in that part of the parish of which lies in the said county of over which they the said C. B. and A. B. have a joint power of appointment, or which are vested in the said C. B. for an estate of inheritance in feesimple, or for a customary estate of inheritance to him and his heirs, should be respectively appointed, conveyed, surrendered, settled, and assured, To the uses, upon and for the -of the agree- WITH USUAL CLAUSES. trusts, intents, and purposes, and with, under, and subject REAL ESTATE to the powers, provisoes, agreements, and declarations hereinafter expressed, declared, and contained of and concerning the same respectively. NOW THIS INDEN- Witnesseth, apTURE WITNESSETH, that, in pursuance of the said the husband agreement, and in consideration of the said intended mar- and his father; riage, and pursuant to and by force and virtue and in exercise and execution of the power or authority, or powers or authorities, in the said C. B. and A. B. for this purpose vested as hereinbefore is mentioned, and of every or any other power or authority in anywise enabling them in this behalf, they the said C. B. and A. B., with the privity and approbation of the said E. D. and C. D., (testified by their severally being parties to and executing these presents), do, by this present deed or instrument in writing, by them sealed and delivered in the presence of, and attested by, the two credible persons whose names are intended to be hereupon indorsed as witnesses attesting the sealing and delivery of these presents by them the said C. B. and A. B., jointly direct, limit, and appoint (c), THAT the said manors of &c., and the said site of the said late monastery or abbey of, and the said rectories of &c., and the said advowsons of &c. &c., and all such and so many and such part and parts of the said capital and other messuages, farms, lands, tenements, tithes, and other hereditaments particularly mentioned and comprised in the said schedule hereunder written, or hereunto annexed, as are not vested in the said C. B. for an estate of inheritance in fee-simple, or for a customary estate of inheritance to him and his heirs; And also, all and singular other hereditaments whatsoever, if any, in the said county of or in that part which lies in the said county of which they the said C. B. and A. B. jointly have power in anywise to direct, limit, or appoint, TOGETHER WITH, &c. [general words](d), SHALL, FROM AND AFTER of the parish of (c) As to the mode of executing powers, see ante, Vol. 3, p. 211, n. (e). (d) The estate clause is omitted in appointments. (See ante, Vol 3, p. 232, n. (n)). of the free hold hereditaments subject to their power; REAL ESTATE the solemnization of the said intended marriage, go, re WITH USUAL CLAUSES. -after the marriage; -to the uses to be subse ed. Witnesseth ance by the husband's father; -of freehold hereditaments of which he is seised in fee. main, and be (e), To THE USES, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations, hereinafter expressed, declared, and contained of and concerning the quently declar- same respectively. AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said further, convey- agreement, and in consideration of the said intended marriage, he the said C. B., with the privity and approbation of the said A. B., and also of the said E. D. and C. D., (testified by their severally being parties to and executing these presents), hath granted, released, and confirmed, and by these presents doth grant, release, and confirm, unto the said I. K. and L. M., (in their actual possession, &c., ante, Vol. 3, p. 198), and their heirs, ALL such and so many and such part and parts of the said capital and other messuages, farms, lands, tenements, tithes, and other hereditaments particularly mentioned and comprised in the said schedule hereunder written or hereunto annexed, and not of copyhold or customary tenure (f), as are not herein before directed, limited, and appointed, or expressed and intended so to be; And also, all and singular other hereditaments whatsoever, if any, in the said county of, or in that part of the said parish of which lies in the said county of, or to which he the said C. B. is seised or in anywise entitled, for an estate of inheritance in fee-simple, TOGETHER WITH, &c. [general words]: To HAVE AND TO HOLD the said capital and other messuages, farms, lands, tenements, tithes, hereditaments, and all and singular other the premises hereby granted and released, or expressed and intended so to be, UNTO the said I. K. and L. M. and their heirs, To THE USE of the said C. B., his heirs and assigns, in the meantime, until the said intended mar Habendum. To the relea sees. To the use of the grantor until marriage; (e) The appointment is made to take effect only on marriage, thereby avoiding the necessity of limiting the estate to the old uses until marriage, as must be done when there is an immediate conveyance. See infra. (ƒ) See ante, Vol. 3, p. 354, n. (e). |