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AND CHARGING.
PORTIONS.

of twenty-one years without being or having been married; Under

m , . , • POWERS OF

Ihen and m every such case, as well the share hereby ori- Jointuring ginally provided for, as the share or shares by virtue of this present clause or proviso surviving or accruing to, each such son so dying or becoming an eldest or only son for the time being entitled as aforesaid, and each such daughter so dying as aforesaid, shall from time to time go, accrue, and belong to the survivors and survivor, or others or other of the said children, (not being an eldest or only son so for the time being entitled as aforesaid), and shall be equally divided between and among them, (if more than one), share and share alike, and, as far as circumstances will admit, shall become vested in and be paid to him, her, or them, at such age, day, or time, or respective ages, days, or times, and in such manner as is hereinbefore directed, provided, and declared concerning his, her, or their original share or shares

of the said sum of £ (f). AND THIS INDEN- Witnessed,

TURE LASTLY WITNESSETH, that, in pursuance menf'of the""' and further performance of the said agreement in this be- ^gTM""t0 half, and for further and better securing and providing for trustees.

the raising and paying of the said sum of £ , hereby

charged on the said hereditaments and premises, for portions as aforesaid, and such interest, by way of maintenance 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, limit and appoint unto the said N. O. and P. Q., their executors, administrators, and assigns, All and singular the said hereditaments and premises hereinbefore particularly mentioned, and hereinbefore charged with such portion or portions and maintenance as aforesaid, or expressed and intended so to be: To Have Habendum for And To Hold the said hereditaments and premises lastly a erm ° years' hereinbefore limited and appointed, or expressed and intended so to be, (but subject and without prejudice to the

said annual sum or yearly rent-charge of £ , and the

powers and remedies and term of years for securing the

(i) See supra, p. 437, n. (c).

UNDER POWERS OP JOINTURING AND CHARGING PORTIONS.

In trust to raise the portions.

Advancement clause.

No sale or mortgage to be made under the trusts of the term till some portion become payable.

same), unto the said N. O. and P. Q., their executors, administrators, and assigns, for the term of one thousand five 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, but upon the trusts, and for the intents and purposes, hereinafter declared of and concerning the same, (that is to say), Upon Trust, that in case, and from time

to time when and as the said sum of £ , or any part

thereof, or any interest for the same by way of mainte-
nance, shall become raisable or payable under or by virtue
of the charge hereinbefore contained, and hereby made as
aforesaid, They the said N. O. and P. Q., and the sur-
vivor oj" them, and the executors and administrators of
such survivor, do and shall, (but subject and without pre-
judice as aforesaid), by mortgage, sale, or other disposi-
tion of the hereditaments and premises comprised in the
said term of one thousand five hundred years, or any of
them, or any part thereof, for all or any part of the same
term, or by and out of the rents, issues, and profits of the
same premises, or by bringing actions against the tenants
or occupiers thereof for the rents then in arrear, or by more
than one, or by all the ways and means aforesaid, or by any
other reasonable ways or means, levy and raise the said sum
of £ , or so much thereof as shall become payable, to-
gether with all such interest for the same as aforesaid, and
pay or apply the same respectively to, between, or among,
or for the maintenance and education, or otherwise for the
benefit of the younger son or sons, daughter or daughters
of the said A. B. by the said C. D., in such manner as the
same respectively are and ought to be payable or appli-
cable under or by virtue of the charge hereinbefore con-
tained, and hereby made as aforesaid of the portiou or por-
tions and interest by way of maintenance respectively, [Ad-
vancement clause, supra, p. 516]: Provided Always, an
it is hereby agreed and declared between and by the partie
to these presents, that the said N. O. and P. Q., or the
survivor of them, or the executors or administrators of such
survivor, shall not sell or mortgage any part or parts of the

said hereditaments and premises comprised in the said Dsder term of one thousand five hundred years, until some one ,o"nturino of the said portions shall become payable by virtue of or And Charging

under the trusts hereinbefore expressed, And that the

rents, issues, and profits of the said hereditaments and premises shall, until some one of such portions shall become payable as aforesaid, be received and taken (but subject and without prejudice as hereinbefore is mentioned) by the person or persons who for the time being shall be entitled to the hereditaments and premises comprised in the said term of one thousand five hundred years, in reversion or remainder immediately expectant on the determination of the same term, to and for his and their own proper use and benefit: Provided Always nevertheless, and it Proviso for is hereby agreed and declared between and by the parties term*'°f the to these presents, that, in case there shall be no child of the said intended marriage, who is by these presents intended to have or to be provided with a portion as aforesaid, or, there being any such child or children, if such child, or all such children, if more than one, shall die before any of them, being a son or sons, shall attain the age of twentyone years, or, being a daughter or daughters, shall attain that age or marry, or before such other times as shall or may be appointed for the vesting of his, her, or their portion or portions respectively as aforesaid, or if the person or persons to whom the next estate of and in the said hereditaments and premises comprised in the said term of one thousand five hundred years, in remainder or reversion expectant on the determination of the same term, shall from time to time belong, do and shall pay, or cause to be paid, the portion or portions and maintenance hereinbefore provided, or intended to be provided, for such child or children respectively, or so much thereof as shall be remaining unpaid, and when the said N. O. and P. Q., their executors, administrators, and assigns, shall have been fully paid and satisfied all costs, charges, and expenses, (if any), to be occasioned by or relating to the trusts of the said term of one thousand five hundred years, the same term shall, as to such of the hereditaments and premises com

Under prised therein as shall not have heen mortgaged or sold for Jointuring tne purposes aforesaid, cease and determine; and as to such And Charging of the hereditaments comprised therein as shall have been

■ — mortgaged for the purposes aforesaid, shall, subject to such

mortgage or mortgages, wait upon and attend the freehold Covenants for and inheritance of the premises so mortgaged (k): And The tult' Said A. B. doth hereby, for himself, his heirs, executors,

and administrators, covenant with the said E. F. and G. H., their executors, administrators, and assigns, and also as a separate covenant with the said I. K. and L. M., their executors, administrators, and assigns, and also as a separate covenant with the said N. O. and P. Q., their executors, administrators, and assigns, that, for and notwithstanding &c, [for right to demise, supra, p. 553; for the due creation and validity of the powers, supra, p. 552; for the right to charge and appoint, supra, p. 553; and for further assurance, supra, p. 554]. In Witness &c.

(£) See supra, p. 508, n. (m). The introduction of a proviso for cesser is usually required by the terms of the power. As to powers to charge portions, see supra, p. 524, n. (ar).

XIX.

GRANT of a Jointure Rent-charge to an Orant Op
Intended Wife, with Powers of Distress and RENT CHARGE-
Entry (a). Covenant by Intended Hus-
Band that a Sum of Money shall be paid out
of his Personal Estate to his Intended Wife,
in the Event of her surviving him, to be in Bar
of all Claims thereon.

THIS INDENTURE, made &c, Between A. B., of Parties
&c, [intended husband], of the first part; C. D., of &c,
[intended wife], of the second part; and E. F., of &c., and
G. H., of &c, [trustees], of the third part: Whereas a Recital of the
marriage hath been agreed upon, and is intended to be short- marriage"'
ly had and solemnized, between the said A. B. and C. D.;

And Whereas, upon the treaty for the said intended mar of the agree

riage, it was agreed that the said A. B. should, in manner ^*dement16 hereinafter mentioned, grant and secure an annual sum or yearly rent-charge of £ to the said C. D. and her assigns during her life, by way of jointure and in bar of

(a) When it is intended to create a rent-charge with powers of distress Manner of creand entry, but without a term of years for securing the rent-charge, (see ating a jointure supra, p. 504, n. (&)); it is sufficient to create the rent-charge, and confer ^'"securing the powers by way of grant. (Burton's Law of Real Property, Arts, the payment of 1102—1112). But if a term of years be required, the settlement must 1'> whei1 110 furbe made by lease and release, and the estates created by way of use in is mten(iej the usual manner. A life estate must be limited to the husband, followed by a limitation of the rent-charge, powers, and term, as in Precedent XVI., p. 501 et seq., with an ultimate limitation to the husband in fee. Powers of leasing and of sale and exchange must be added, which may overreach the jointure and the powers and terms, so as to give the husband the same control over the estate as he gets under an ordinary settlement. If the jointure be considerable, the latter method is to be followed; but otherwise, the short form in the text may be conveniently adopted.

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