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and exchange.

Also to and for the said E. F., G. H., and I. K., and the sur- or Real, Esvivors or survivor of them, and the executors or administra- amono The tors of such survivor, from time to time and at all times Children. during the minority of any child or children, who under and by virtue of the limitations aforesaid shall be entitled to any estate of freehold or inheritance of and in the same hereditaments, or of or in any undivided part or share thereof, by any indenture or indentures, &c.; [Power of leasing for twenty-one years, supra, p. 531 (jf)]: Provided Always, Power of sale and it is hereby agreed and declared between and by the parties to these presents, that it shall be lawful for the said E.F., G. H., and I. K., and the survivors and survivor of them, and the executors or administrators of such survivor, at the request and by the direction of the said A. B. and C. D., during their joint lives, and after the death of either of them, then at the request and by the direction of the survivor of them, testified by some writing under their, his, or her hands and seals, or hand and seal, attested by two or more credible witnesses, to dispose of and convey; [Power of sale and exchange, supra, p. 539]: Provided Always, and it is Proviso that the hereby expressly agreed and declared between and by the exUtbg'settleparties to these presents, that nothing herein contained ment shtt" ,

in- • it- i , overreach the

shall in anywise prejudice or affect the powers of leasing uses of this setand of sale respectively contained in the hereinbefore recited indenture of release and settlement, or either of them, And that the uses and estates limited or created by this present indenture, shall and may from time to time be overreached by any exercise of the said powers of leasing and of sale, or either of them, in such and the same manner as if the same uses and estates had been limited or created in and by the said indenture of release and settlement, And that the lands or hereditaments to be purchased with the monies to arise by any sale or sales to be made under any exercise of the said last-mentioned power of sale, shall be settled and assured to the uses, upon and for the trusts,

tlement.

{g) The powers of granting mining and building leases, and the other powers given in the last precedent, may be adapted to this settlement in the same way as the powers in the text.

OF REAL ESTATE EQUALLY AMONO THE CHILDREN.

Witnesseth further, covenant to surrender copyholds;

—the parcels being mixed with the freeholds.

To the use of the trustees, subject to the preceding estates.

intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations, which shall for the time being be subsisting or capable of taking effect underor by virtue of the said indenture of release and settlement, and this present indenture, and the interest, dividends, or annual produce of any stocks, funds, or securities in or upon which the same monies shall or may be laid out or invested, shall be paid or applied accordingly (h). AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreement, and in consideration of the said intended marriage, the said N.D. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said E. F., G. H., and I. K., their heirs and assigns, that in case the said intended marriage shall be solemnized, he the said N. D. or his heirs shall and will, at the next or some subsequent court or courts to be holden in and for the manor or manors of which the copyhold hereditaments hereinafter mentioned are respectively holden, at his or their own costs and charges, well and effectually surrender, or cause to be surrendered, into the hands of the lord .or lady, lords or ladies of the same manor or manors respectively, according to the custom or customs thereof, All such and so many, and such part or parts of the said messuages, lands, tenements, hereditaments, and premises mentioned and comprised in the said indenture of release and settlement, as are or is of copyhold tenure (i), with their rights, easements, and appurtenances, To The Use of the said E. F., G. H., and I. K., their heirs and assigns, from and after the respective deaths of him the said N. D. and the said P. D., according to the custom or customs of the

(A) With respect to the reason for inserting this proviso, see 1 Sued, priorsettlement Fovt. 74; Roper v. Halifax, 2 Sugd. Pow. 549; S. C. 8 Taunt . 845; lord may be kept on Jersey v. Deane, 5 B. Si Aid. 569; see, too, Doe d. Lumley v. The Earl srttkme'nt of of Scarborough, 3 Adol. & Ell. 2; The Earl of Scarborough v. Doe a. the same estate. Saville, 3 Adol. & Ell. 898. In the present case, however, the estate for life under the original settlement is not conveyed; the new settlement is of the reversion alone.

The powers of a

(i) See ante, Vol. 3, p. 354, n. (e).

OF REAL ESTATE EQUALLY AMONG THE

said manor or manors respectively, And to be holden by and under the rents, fines, suits, and services therefore due

and of right accustomed, But upon and for such trusts, Chu.dhen.

intents, and purposes, and with, under, and subject to such Upon trusts to

i i i i i correspond with

powers, provisoes, and agreements, as shall or may as nearly tne us'es de_ correspond with and be similar to the uses, trusts, intents dared of tbe

, . , freeholds.

and purposes, powers, provisoes, and agreements, to, upon, for, with, under, and subject to which the said freehold hereditaments comprised in the said indenture of release and settlement are or shall stand limited and settled under or by virtue of the said indenture of release and settlement, and this present indenture, as the different natures and qualities of the same several estates, and the rules of law and equity, will permit (k): And The Said N. D., So far as re- Covenants for lates to his own acts and deeds, and the acts and deeds of ti!le,b? th_e

'wife a father;

his ancestors, heirs, executors, and administrators, and of all and every the persons claiming by, from, under, or in trust for him, them, or any of them, doth hereby, for himself, his heirs, executors, and administrators; And The Said C. D., —and the wife, so far as relates to her own acts and deeds, and the acts and deeds of her heirs, executors, and administrators, and of all and every the person and persons claiming by, from, under, or in trust for her, them, or any of them, doth hereby, for herself, her heirs, executors, and administrators, covenant with the said E. F., G. H., and I. K., their heirs and assigns, by these presents in manner following, (that is to say), That for and notwithstanding any act, deed, matter, or thing, by them the said N. D. and C. D., or either of them, or any of the ancestors of the said N. D., made, done, &c.; [Covenants for rightby C. D. to convey the freehold, supra, p. 553; and for N. D. to surrender the copyholds, lb.for quiet enjoyment, supra, p. 554—-free from incumbrances, lb.and for further assurance, lb.]. In Witness &c.

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XVIII.

DNDER SETTLEMENT made in Pursuance O/powers

Powers Of of Jointuring and Charging Portions given

And Charging to a Tenant for Life. Demise of the Life

Portions. Estate to secure an Annuity as Pin-money

for the Wife.

Parties. TlilS INDENTURE, made &c, Between A. B., of &c, [intended husband], of the first part; C. D., of &c, [intended wife], of the second part; E. F., of &c., and G. H., of &c., [trustees of the pin-money term], of the third part; I. K., of &c., and L. M., of &c., [trustees of the jointure term], of the fourth part; and N. O., of &c, and P. Q., of &c., [trustees of the portions term], of the fifth Recital of a part: [Recital of the settlement containing the power— ing'powers^fv" limitations being recited down to and including the life jointuring and estate of the intended husband, (see ante, Vol. 3, p. 222, tionsto a tenant n- (c)), and the powers of jointuring and charging portions for life; being set forth at length; Redial of the subsequent events so

as to shew that A. B. is tenant for life in possession; and —of the agree- of the agreement for the marriage, supra, p. 309]: And ment for the Whereas, on the treaty for the said intended marriage it

present settle- ' » _ ° _

ment. was agreed that the said A. B. should, in manner hereinafter mentioned, secure the annual sum of £ , from and

after the solemnization of the said intended marriage, for the separate use of the said C. D. by way of pin-money during the joint lives of them the said A. B. and C. D.; And upon the said treaty it was also agreed that the said A. B. should exercise, in manner hereinafter mentioned, the powers of limiting a rent-charge by way of jointure and of charging portions for younger children, so by the said indenture

of the day of [the original settlement] given

or limited to him the said A. B., as hereinbefore is men

Witnesseth.de- tioned (o). NOW THIS INDENTURE WITNESS

Variation in (<*) In well-drawn settlements the powers of jointuring and charging

case of a settle- portions are made exercisable either before or after the marriage of the ETH, that, in pursuance of the said ageement in this be- Under half, and in consideration of the said intended marriage, ,o°nturinq and in consideration of the sum often shillings to the said And Charging A. B. paid by the said E. F. and G. H., at or immediately PORTIONsbefore the sealing and delivery of these presents, (the re- "state? "'6 ceipt whereof is hereby acknowledged), he the said A. B. hath granted, bargained, sold, and demised, and by these presents doth grant, bargain, sell, and demise (b), unto the

donee. In the precedent in the text the powers are exercised before ment made marriage, but no very material alteration will be necessary when they a"daft«a mar are to be exercised after marriage. The introductory recital in such case riage. may be as follows :—

"And Whereas, in consideration of the natural love and affection which he the said A. B. bears for the said C. D. his wife, and for divers other good causes and considerations, the said A. B. is desirous of exercising in manner hereinafter mentioned the said power of jointuring by the said indenture of release and settlement limited to him, as hereinbefore is mentioned; And in consideration of the natural love and affection which he the said A. B. bears for his children now living or hereafter to be born, and for divers other good causes and considerations, he the said A. B. is desirous of exercising, in maimer hereinafter mentioned, (but subject to such power of revocation as is hereinafter contained), the said powers by the said indenture of release and settlement limited to the said A. B., of charging with portions for his child and children other than and except an eldest or only son so entitled as aforesaid."

The several witnessing parts will express the exercise of the respective powers to be for " effectuating the said desire in this behalf," and the considerations will be natural love and affection for the wife or children, (as the case may be), stated as in the recital, and " divers other good causes and considerations." The reasons assigned for introducing the general Use of the statement of " divers good causes and considerations" are, that these words " divers words let in the averment of other considerations not appearing on the fnd^consridVr deed, and that they deter purchasers and mortgagees from dealing with ations." the feoffor on the assumption that the settlement is voluntary within the statute, 27 Eliz. c. 4.

(4) As to the insertion of a nominal consideration in a bargain and sale for years, see ante, Vol. 3, p. 579, n. (e).

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