REAL ESTATE

WITH USUAL

CLAUSES.

marriage, to the

uses to be subsequently declared. Declaration of fect after the marriage.

uses to take ef

band's father

riage shall be had and solemnized, AND FROM AND AFTER the solemnization thereof, To THE USES, upon and for the trusts, intents, and purposes, and with, under, and subject and after the to the powers, provisoes, agreements, and declarations hereinafter declared, expressed, and contained of and concerning the same: AND IT IS HEREBY AGREED and declared between and by the parties to these presents, that the direction, limitation, and appointment, and grant and release hereinbefore contained, shall respectively operate and enure from and immediately after the solemnization of the said intended marriage, 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, (that is to say), AS TO, FOR, AND CONCERNING the said advowsons of As to advowthe churches and rectories of &c., and the said advowsons sons, to the husof the said chapels of &c., with their respective rights, for life. members, and appurtenances, To THE USE of the said C. B. and his assigns during his life: AND AS TO, FOR, As to all other AND CONCERNING all and singular other the hereditaments and premises herein before directed, limited, and appointed, and granted and released respectively, or expressed and intended so to be, To THE USE of the said To the use of N. P. and Q. R., their executors, administrators, and assigns, for the term of ninety-nine years, to commence and be computed from the solemnization of the said intended marriage, without impeachment of waste, Upon and for the money. trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter expressed and declared of and concerning the same: AND AS TO, FOR, AND CONCERNING all and singular the said manors, rectories, advowsons, capital and other mes- subject as aforesuages, farms, lands, tenements, hereditaments, and premises said, herein before directed, limited, and appointed, and granted and released respectively, or expressed and intended so to be, from and after the determination of, and in the meantime subject to, the uses or estates hereinbefore limited

the hereditaments,

trustees for ninety-nine

years, to raise annuities by way of pin

As to all the

hereditaments

or created of or in the same respectively, To THE USE To the use of of the said A. B. during his life, without impeachment life.

the husband for

REAL ESTATE

WITH USUAL

CLAUSES.

Remainder to

trustees, during his life to pre

serve contin

gent remainders.

Limitation to

of waste, and from and after the determination of that estate, by forfeiture or otherwise, in the lifetime of the said A. B., TO THE USE OF the said I. K. and L. M., their heirs and assigns, during the life of the said A. B., upon trust, to preserve the contingent uses and estates hereinafter limited, from being defeated or destroyed, and, for that purpose, to make entries and bring actions as occasion shall require, but, nevertheless, to permit and suffer the said A. B. and his assigns to receive and take the rents, issues, and profits of the said hereditaments and premises, for his and their own use during his life (g), AND IMMEDIATELY from and after the decease of the said A. B., To the use, intent, and purpose, that in case the said A. B. shall die during the joint lives of the said C. B. and C. D., she the said C. D. and her assigns shall and may thenceforth, during her life, receive and take the annual sum or yearly rent-charge of £, and that in case the said C. B. shall die during the joint lives of the said A. B. and C. D., and the said C. D. shall survive the said A. B., she the said C. D. and her assigns shall and may, from and after the decease of the said A. B., receive and take, during her life, -to be in bar the annual sum or yearly rent-charge of £—, the said annual sum or yearly rent-charge of £

the wife of two jointure rentcharges, to

take effect in different

events;

of dower;

Trusts to preserve contingent remainders.

or £- (as the case may be,) to be in full for the jointure of the said. C. D., and in lieu, bar, and satisfaction of all dower and freebench, which, at common law or by custom, or otherwise, she might have, claim, or demand, in or out of all or any lands or hereditaments whatsoever, of which he the said A. B. now is, or shall, during the said intended coverture, be seised for an estate of inheritance or any other estate to

(g) The object of this limitation is expressed in itself, viz. to preserve the subsequent contingent uses from being defeated by the destruction of the prior estate of freehold on which they depend. For the learning on this point, see Burton's Law of Real Property, arts. 775 et seq.; Harg. & Butl. Co. Litt. 290. b., n. (1), V. 4; Fearne on Conting. Rem. 326 et seq.; Lewin on the Law of Trusts and Trustees, chap. xviii.; ante, Vol. 1, Art. SETTLEMENTS; Doe d. Lumley v. The Earl of Scarborough, 3 Adol. & Ell. 1; the same case on appeal, Id. 897; and particularly the learned and elaborate arguments which were given in writing, and are stated Id. 942.

REAL ESTATE

WITH USUAL

CLAUSES.

to be charged on the settled

lands;

which dower or freebench is incident (h), AND to be chargeable upon and yearly issuing and payable out of all and singular the said hereditaments and premises hereinbefore directed, limited, and appointed, and granted and released respectively, or expressed and intended so to be, by EQUAL -and paid QUARTERLY PAYMENTS, on the 25th day of March, the 24th quarterly; day of June, the 29th day of September, and the 25th day of December in every year, without any deduction or abatement whatsoever on account or in respect of any taxes, charges, assessments, or impositions, [already taxed, charged, assessed, or imposed, or to be hereafter taxed, charged, assessed, or imposed, on the said hereditaments and premises, or any of them, or on the said annual sum or yearly rentcharge of £ or £as the case may be, or any part

payment to be diately after

made imme

the husband's death.

thereof, or on the said C. D. or her assigns, in respect of the same by authority of Parliament,] (i), or otherwise howsoever, THE FIRST quarterly payment of the said annual of the first sum or yearly rent-charge of £- or £, as the case may be, to be made on such of the said days of payment as shall happen next after the decease of the said A. B., AND ΤΟ AND FOR THIS FURTHER USE, intent, and purpose, that when Power of disand so often as the said annual sum or yearly rent-charge tress. of £or £ as the case may be, or any part thereof, shall at any time or times be unpaid by the space of twenty-one days next after any of the days hereby appointed for the payment thereof as aforesaid, then and so often it shall be lawful for the said C. D. and her assigns to enter into and distrain upon the said hereditaments and premises hereinbefore directed, limited, and appointed, and granted and released respectively, or expressed and intended so to be, or any part thereof, and to dispose of the distress or distresses then and there found according to law, to the intent that thereby, or otherwise, the said annual sum or yearly rent-charge of £ or £, as the case may be, and every part thereof so in arrear and unpaid,

(h) As to settlements in bar of dower, see supra, p. 403, n. (n).

(i) The words in brackets, although usual, are superfluous, and may be omitted.

WITH USUAL

CLAUSES.

Power of entry.

REAL ESTATE and all costs, charges, and expenses occasioned by the nonpayment thereof, shall be fully paid and satisfied (k); AND TO AND FOR THIS FURTHER USE, intent, and purpose, that in case the said annual sum or yearly rent-charge of £— or £, as the case may be, or any part thereof, shall at any time or times be unpaid by the space of forty days next after any of the days hereby appointed for the payment thereof as aforesaid, then and so often (although there shall not have been any legal demand made thereof) it shall be lawful for the said C. D. and her assigns to enter into and upon, and to hold the said hereditaments and premises hereinbefore directed, limited, and appointed, and granted and released respectively, or expressed and intended so to be, or any part thereof, and to receive and take the rents, issues, and profits thereof, for her and their own use and benefit, until she and they shall therewith and thereby, or otherwise, be fully paid and satisfied the said annual sum or yearly rentcharge of £ or £, as the case may be, and the arrears thereof due at the time of such entry, or afterwards to become due during her or their being in possession of the same premises, Together with all costs, charges, and expenses which she or they shall sustain by reason of the nonpayment thereof, and such possession, when taken, to be without impeachment of waste, AND SUBJECT and charged as herein before is mentioned, TO THE USE of the said S. T. and U. V., their executors, administrators, and assigns, for

Limitation of

a term to se

cure the jointure;

The power and remedies an

nexed to join

ture rentcharges.

(k) The power of distress is now by statute incident to rent-charges; (3 Cru. Dig. by White, p. 285); but it is, nevertheless, usual expressly to limit a power of distress to the grantee of a rent-charge. The right of entry arises only when expressly granted, and in settlements is usually given by the operation of the Statute of Uses, as in the text. (See 3 Cru. Dig. by White, pp. 286, 287). It gives the party a chattel interest determinable on satisfaction of his arrears and costs. (Burton's Law of Real Property, Art. 867). In addition to these powers and remedies, a term of years is nearly always limited (as in the text) to trustees upon trust by sale or mortgage, or other reasonable means, to secure the payment of the jointure. It is, however, very seldom that the jointress is obliged to have recourse to her powers, as the reversioner usually pays the jointure in due course to save himself annoyance; and the remedy under the term is so very seldom called into action, that there will be no impropriety in dispensing with that additional security when brevity is an object.

WITH USUAL

CLAUSES.

--and of a term tions for younger children.

to raise por

the term of two hundred years, to commence and be com- REAL ESTATE puted from the decease of the said A. B., without impeachment of waste, 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 same, AND FROM and after the expiration or other determination of the said term of two hundred years, and in the meantime subject thereto and to the trusts thereof, To THE USE of the said X. Y. and Y. Z., their executors, administrators, and assigns, for the term of one thousand years, to commence and be computed from the decease of the said A. B., without impeachment of waste, 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 same, AND FROM and after the expiration or other determination of the said term of one thousand years, and in the meantime subject thereto, and to the trusts thereof, To THE USE of the first and every other son of the said A. B. on the body of the said C. D. lawfully to be begotten, severally, successively, and in remainder one after another, in order and course as they shall respectively be in priority of birth, and the heirs male of the body and respective bodies of all and every such son and sons issuing, the elder of such sons and the heirs male of his body issuing being always to take before and be preferred to the younger of such sons and the heirs male of their respective bodies issuing, AND IN DEFAULT of such issue, To THE USE of the survivor of them the said C. B. and A. B., his heirs and assigns for ever: AND IT IS HEREBY AGREED and declared between and by the parties to these presents, that the said hereditaments and premises are hereby limited to the said N. P. and Q. R., their executors, administrators, and assigns, for the said term of ninety-nine years, UPON TRUST, to raise an that they the said N. P. and Q. R., and the survivor of them, and the executors and administrators of such survivor, do and shall, during the joint lives of the said C. B. [his wife], by and out of the rents, issues, and

and

Limitation to other sons of the marriage successively in tail male.

the first and

Remainder in fee to the surhusband and

vivor of the

his father.

Trusts of the pin-money

term;

annual sum for husband's

the wife of the

father during

the joint lives of herself and

her husband;