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riage shall be had and solemnized, AND FROM AND AFTER REAL ESTATE the solemnization thereof, To the uses, upon and for the trusts, intents, and purposes, and with, under, and subject = to the powers, provisoes, agreements, and declarations marriage, to the hereinafter declared, expressed, and contained of and con

nd contained of ondeon uses to be subcerning the same: And IT IS HEREBY AGREED and de- clared. clared between and by the parties to these presents, that D

uses to take efthe direction, limitation, and appointment, and grant and fect after the 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 band's fath of 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

the hereditaAND CONCERNING all and singular other the hereditaments and premises hereinbeforé 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 as-n signs, for the term of ninety-nine years, to commence and years, to raise

annuities by be computed from the solemnization of the said intended way of pinmarriage, 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 As to all the said manors, rectories, advowsons, capital and other mes- su

manitol and other mos hereditaments

subject as aforesuages, farms, lands, tenements, hereditaments, and premises said, hereinbefore 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 or created of or in the same respectively, To THE USE To the use of

t the husband for of the said A. B. during his life, without impeachment life.

ments,

WITH USUAL

serve contin gent remains

to

REAL ESTATE of waste, and from and after the determination of that CLAUSES. 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 Remainder to trustees, during heirs and assigns, during the life of the said A. B., upon his life to pre

* trust, to preserve the contingent uses and estates hereinafter

limited, from being defeated or destroyed, and, for that ders.

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 Limitation to and their own use during his life (9), AND IMMEDIATELY the wife of two jointure rent

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 take effect in different during the joint lives of the said C. B. and C. D., she the events; 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 of dower;

annual sum or yearly rent-charge of £— 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

Trusts to preserve contin gent r ders.

(9) 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 Scarborouge, 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.

WITH USUAL
CLAUSES,

to be a

lands:

payment to be

which dower or freebench is incident (h), And to be charge- REAL ESTATE able 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 on the settled 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 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 pa

made immemay be, to be made on such of the said days of payment as diately after

A n the husband's shall happen next after the decease of the said A. B., AND TO 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,

death.

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

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

WITH USUAL

CLAUSES.

REAL ESTATE and all costs, charges, and expenses occasioned by the non

payment thereof, shall be fully paid and satisfied (k); And Power of en

TO AND FOR THIS FURTHER USE, intent, and purpose, that in try.

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

£ o r £- , 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 Limitation of without impeachment of waste, AND SUBJECT and charged a term to secure the join

as hereinbefore is mentioned, To the use of the said S. T. and U. V., their executors, administrators, and assigns, for

ture;

The power and remedies an. nexed to jointure rentcharges.

(1) 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 de terminable 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 18 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.

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 --and of a term Use of the said X. Y. and Y. Z., their executors, adminis- tions for young

to raise por trators, and assigns, for the term of one thousand years, to er children. 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 Limitation to said A. B. on the body of the said C. D. lawfully to be other sons of begotten, severally, successively, and in remainder one after the marriage.

successively in another, in order and course as they shall respectively be tail male. 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 Remainder in survivor of them the said C. B. and A. B., his heirs and tee

vivor of the assigns for ever: AND IT IS HEREBY AGREED and declared husband and between and by the parties to these presents, that the said

hot the void his father.

Trusts of the hereditaments and premises are hereby limited to the said pin-money N. P. and Q. R., their executors, administrators, and as- term; signs, 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 it them, and the executors and administrators of such survi- husband's

father during vor, do and shall, during the joint lives of the said C. B. the joint lives and — [his wife], by and out of the rents, issues, and of herself and

her husband;

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the sur

nnual sum for the wife of the

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