UNDER POWERS OF JOINTURING AND CHARGING PORTIONS. Habendum to trustees for a term of 99 years if both husband and wife so long live. said E. F. and G. H., their executors, administrators, and assigns, ALL &c., [parcels-general words]: To HAVE AND TO HOLD the said manors or lordships and hereditaments, and all and singular other the premises hereby granted and demised, or expressed and intended so to be, unto the said E. F. and G. H., 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, and thenceforth next ensuing and fully to be complete and ended, if the said A. B. and C. D. shall both so long live, nevertheless UPON TRUST that the said E. F. 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, supra, p. 506 et seq.] AND THIS INDENTURE ALSO WITNESSETH, that, in pursuance of the said agreement cise of the pow- in this behalf, and in consideration of the said intended 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 In trust to raise pin-money for the wife. Witnesseth further, appoint ment in exer er of jointuring; 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 of £, to be issuing and payable out of, and charged and chargeable upon, ALL and singular the said hereditaments and premises hereinbefore granted, bargained, sold, and demised, or expressed and intended so to be (d): To HAVE, rent-charge to the wife. (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 UNDER POWERS OF JOINTURING PORTIONS. Habendum ac cordingly; with powers entry. further, ap pointment to trustees of the lands charged with the joint ure. HOLD, receive, and take the said annual sum or yearly rentcharge 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 freebench, &c., and to be paid, &c., and the first payment, &c., [supra, pp. 502, 503]; AND FURTHER, that when and so often &c., [power of distress, supra, p. 503]; AND FURTHER, that in case &c., [power of entry, supra, p. 504]. AND of distress and THIS INDENTURE ALSO WITNESSETH, that, in witnesseth further pursuance of the said agreement in this behalf, and for the better securing the due payment of the said annual sum or yearly rent-charge of £, hereby limited and appointed unto the said C. D. and her assigns as aforesaid, 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 HOLD the said manors or lordships and hereditaments, and 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 permit the person or persons entitled for the time being to the said hereditaments and premises, in remainder or reversion, 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. Habendum for a term of years. In trust for securing the jointure. UNDER POWERS OF JOINTURING PORTIONS. Witnesseth further, charge in pursuance of the power in that behalf; 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 hereditaments and premises, until default &c., [Trust to secure the payment of the jointure rent-charge, supra, p. 509.—Proviso for cesser of the term, supra, p. 510 (e)]. AND THIS INDENTURE ALSO WITNESSETH, that, in pursuance 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 (f), 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 hereinbefore given or created for securing the payment thereof), WITH the raising and payment of the sum of £ for the portion or 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 or only son), the same to be vested in, and to be payable to, such child and children respectively, at such age, day, or 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 . per cent. per annum, to commence and become payable after the decease of the —of a sum of money for the portions of the younger child ren of the settlor, and maintenance for the same as the settlor shall ap point. (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. (ƒ) 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. Gift in default of appointment, if there be but one younger child; 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 subject to, such appointment, if there shall be but one child of the said A. B. by the said C. D., (other than and besides 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 happen, 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 there shall be two or more children of the said intended marriage, (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 if two or more such chil dren. UNDER POWERS OF PORTIONS. Hotchpot clause. 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 respectively, 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., 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 accordingly (h): PROVIDED ALWAYS, that if any child or children 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 Clause of survivorship and accruer. (h) See supra, p. 319, n. (k). |