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POWERS OF

PORTIONS.

ment in exer

UNDER said E. F. and G. H., their executors, administrators, and JOINTURING assigns, All &c., [parcels-general words]: TO HAVE AND AND CHARGING TO HOLD the said manors or lordships and hereditaments,

and all and singular other the premises hereby granted and Habendum to trustees for a demised, or expressed and intended so to be, unto the said term of 99 years E. F. and G. H., their executors, administrators, and asif both husband and wife so long signs, for the term of ninety-nine years, to commence and live.

be computed from the solemnization of the said intended marriage, and thenceforth next ensuing and fully to be

complete and ended, if the said A. B. and C. D. shall both In trust to raise so long live, nevertheless UPON Trust that the said E. F. pin.money for the wife.

and G. H., and the survivor &c., [trust to raise an annual sum by way of pin-money, and pay the same to the wife for

her separate use, with an ultimate trust for the reversioner, Witnesseth fur- supra, p. 506 et seq.] AND THIS INDENTURE ALSO ther, appoint

: WITNESSETH, that, in pursuance of the said agreement cise of the pow- in this behalf, and in consideration of the said intended er of jointuring;

marriage, and pursuant to, and by force and virtue, and in exercise and execution of, the power or authority to the said A. B. for this purpose, by the said indenture of the

day of — , [the original settlement], given or limited, as hereinbefore is mentioned, and of every or any other power or authority in anywise enabling him in this behalf, he the said A. B. doth, by this deed or writing, sealed and delivered by him 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 him the said A. B. (c), grant, limit, and appoint, to and to the use of the said C. D., (in

case the said marriage shall take effect, and she shall survive -of a jointure him the said A. B.), ONE ANNUAL SUM or yearly rent-charge rent-charge to the wife.

of £4 , to be issuing and payable out of, and charged and chargeable upon, ALL and singular the said hereditaments and premises herein before granted, bargained, sold, and demised, or expressed and intended so to be (d): To have,

(c) As to the manner of exercising powers, see ante, Vol. 3, p. 211, n. (e), supra, p. 331, n. (e).

(d) If there be no prior demise the parcels had better be set out in the

POWERS OF JOINTURING

PORTIONS.

entry

pointment to

HOLD, receive, and take the said annual sum or yearly rent- UNDER charge of £- , from the time of the death of the said ; A. B., unto the said C. D. and her assigns during her life, for AND CHARGING her jointure, and in full satisfaction and bar of dower or

Habendum acfreebench, &c., and to be paid, &c., and the first payment, cordingly: &c., [supra, pp. 502, 503]; AND FURTHER, that when and so often &c., [power of distress, supra, p. 503]; AND FURTHER, —with powers that in case &c., [power of entry, supra, p. 504]. AND of distress and THIS INDENTURE ALSO WITNESSETH, that, in Wit further pursuance of the said agreement in this behalf, and further, ap-. for the better securing the due payment of the said annual trustees of the sum or yearly rent-charge of £- , hereby limited and landscharged

with the jointappointed unto the said C. D. and her assigns as aforesaid, ure. and pursuant to &c., [reference to power, ut supra], he the said A. B. doth by this deed or writing, so sealed and delivered by him, and intended to be so attested as aforesaid, grant, limit, and appoint unto the said I. K. and L. M., their executors, administrators, and assigns, All and singular the said hereditaments and premises hereinbefore charged with the payment of the said annual sum or yearly rentcharge of £- , or intended so to be: TO HAVE AND TO Habendum for HOLD the said manors or lordships and hereditaments, and a to all and singular other the premises hereinbefore granted, limited, and appointed, or expressed and intended so to be, (subject to the said annual sum or yearly rent-charge of £- , and the powers and remedies hereinbefore limited for enforcing the payment thereof when in arrear), unto the said I. K. and L. M., their executors, administrators, and assigns, for the term of three hundred years, to commence and be computed from the decease of the said A. B., and thenceforth next ensuing and fully to be complete and ended, without impeachment of waste, upon the trusts and subject to the proviso hereinafter declared and contained of and concerning the same, (that is to say), IN TRUST, to per- In trust for semit the person or persons entitled for the time being to the in said hereditaments and premises, in remainder or reversion,

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recital of the original settlement, and the reference be altered accordingly. Perhaps, too, this is the best method even when there is a demise of the life estate.

POWERS OF JOINTURING

PORTIONS.

UNDER immediately expectant upon the determination of the said

term of three hundred years, to receive and take the rents, AND CHARGING issues, and profits of all and singular the same heredit

aments and premises, until default &c., [Trust to secure the Witnesseth further, charge payment of the jointure rent-charge, supra, p. 509.-Proin pursuance of viso for cesser of the term, supra, p. 510 (e)]. AND THIS the power in that behalf; INDENTURE ALSO WITNESSETH, that, in pursu

ance of the said agreement in this behalf, and in consideration of the said intended marriage, and pursuant to &c., [reference to the power, ut supra], he the said A. B. doth by this deed or writing, so sealed and delivered by him, and intended to be so attested as aforesaid (s), subject and charge ALL and singular the said hereditaments and premises hereinbefore particularly mentioned, and granted, bargained, sold, and demised, and also charged, limited, and appointed, or expressed and intended so to be, and the rents, issues, and profits thereof, and of every part and parcel thereof, (but subject and without prejudice to the said annual sum or yearly rent-charge of £- , hereinbefore limited to the said C. D. and her assigns for her life as aforesaid, and the

powers and remedies and term of years herein before given -of a sum of or created for securing the payment thereof), with the money for the raising and

raising and payment of the sum of £m for the portion or portions of the younger child- portions of all and every the child or children of the said

A. B. by the said C. D., (other than and except an eldest tlor, and maintenance for the or only son), the same to be vested in, and to be payable to, same as the settlor shall ap

such child and children respectively, at such age, day, or point.

time, or respective ages, days, or times, and with such provision for the maintenance and education (g) of such children respectively, not exceeding the interest of their respective portions at the rate of -l. per cent. per annum, to commence and become payable after the decease of the

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(e) With respect to powers of jointuring, see the references supra, p. 521, n. (w). The proviso for cesser of the term is usually required by the terms of the power.

(f) This mode of reference can be used only when the powers of jointuring and charging portions are to be exercised with the same formalities. See ante, Vol. 3, p. 211, n. (e).

(g) It must be seen that the power authorizes a charge for maintenance. 2 Sugd. Pow. 304.

UNDER POWERS OF JOINTURING

PORTIONS.

said A. B., and with such clauses of survivorship and accruer, and with such provisions for their respective preferment and advancement in the world, or benefit out of and CHARGING their respective portions, previously to the vesting thereof respectively, as the said A. B., at any time or times during his life, by any writing or writings, with or without power of revocation, to be sealed and delivered by him in the presence of, and to be attested by, two or more credible witnesses, or by his last will and testament in writing, or any codicil thereto, shall appoint: AND IN DEFAULT of, and Gift in default

:of appointment, subject to, such appointment, if there shall be but one child

1 if there be but of the said A. B. by the said C. D., (other than and besides one younger an eldest or only son), the said sum of £- to be for the portion of such only child, and to be an interest vested in such only child, being a son, at his age of twenty-one years, or, being a daughter, at her age of twenty-one years or day of marriage, which shall first bappen, and to be paid to him or her on or at the same age, day, or time, if the same shall happen after the decease of the said A. B., with interest for the same after the rate of -l. per cent. per annum from the decease of the said A. B., by way of maintenance, to be payable half-yearly, the first half-yearly payment thereof to be made at the expiration of six calendar months next after the decease of the said A. B., and a proportional payment of interest to be made for any less time than half a year; but if the same shall happen in the lifetime of the said A. B., then immediately after his decease; And in case if two or there shall be two or more children of the said intended more such chilmarriage, (other than or besides an eldest or only son), then the sum of £— to be for the portions of such two or more children, and to be divided between or amongst them in equal shares and proportions, the share or shares of such of them as shall be a son or sons to be an interest vested or interests vested in him or them respectively, at his or their age or respective ages of twenty-one years, and the share or shares of such of them as shall be a daughter or daughters to be an interest vested or interests vested in her or them respectively, at her or their age or respective ages of twenty-one years, or day or respective days of marriage, which shall first happen, and to be paid to him, her, or

dren.

UNDER POWERS OP

PORTIONS.

clause.

UNDER them respectively, at the same ages, days, or times respecJOINTURING tively, if the same respectively shall happen after the deAND CHARGING cease of the said A. B., with interest for the same respec

tively, after the rate aforesaid, from the decease of the said A. B., by way of maintenance, to be payable half-yearly, the first half-yearly payment thereof to be made at the expiration of six calendar months next after the decease of the said A. B., and a proportional payment of interest to be made for any less time than half a year; but if the same

respectively shall happen in the lifetime of the said A. B., Hotchpot then immediately after his decease: PROVIDED ALWAYS

nevertheless, and it is hereby agreed and declared between and by the parties to these presents, that, in default of any such direction or appointment as aforesaid by the said A. B. to the contrary, no child or children taking any part of the said sum of £- , under or by virtue of any direction or appointment to be made by the said A. B. in pursuance of the power or authority hereinbefore given or reserved to him for that purpose, shall be entitled to any further or other share of or in that part of the said sum of £— , of which no such direction or appointment shall have been made, without bringing his, her, or their appointed share or

shares into hotchpot, and accounting for the same accordClause of sur- ingly (h): PROVIDED ALWAYS, that if any child or children vivorship and

for whom a portion or portions is or are intended to be hereby provided as aforesaid, being a son or sons, shall, before he or they shall attain the age of twenty-one years, die or become an eldest or only son for the time being entitled, under the limitations mentioned in the said indenture of appointment and release, [the original settlement), to the said hereditaments and premises for an estate in tail male in possession or in remainder expectant upon such of the uses or estates limited or created by the same indenture, and which are precedent to the estates in tail male thereby limited to the first and other sons successively of the said A. B. as shall be then subsisting, or, being a daughter or daughters, shall depart this life under the age

accruer.

(k) Sec supra, p. 319, n. (k).

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