UNDER POWERS OF JOINTURING PORTIONS. of twenty-one years without being or having been married; THEN and in every such case, as well the share hereby originally provided for, as the share or shares by virtue of this AND CHARGING 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 £- (i). AND THIS INDEN- Witnesseth lastly, appointTURE LASTLY WITNESSETH, that, in pursuance ment of the and further performance of the said agreement in this be- premises half, and for further and better securing and providing for 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 herein before charged with such portion or portions and maintenance as aforesaid, or expressed and intended so to be: TO HAVE Habendum for a term of years. AND TO HOLD the said hereditaments and premises lastly herein before 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). charged to trustees. UNDER POWERS OF JOINTURING PORTIONS. same), unto the said N. O. and P. Q., their executors, administrators, and assigns, for the term of one thousand five AND CHARGING 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, In trust to raise (that is to say), UPON TRUST, that in case, and from time the portions. to time when and as the said sum of £or any part thereof, or any interest for the same by way of maintenance, 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 survivor of them, and the executors and administrators of such survivor, do and shall, (but subject and without prejudice 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 applicable under or by virtue of the charge hereinbefore contained, and hereby made as aforesaid of the portion or portions and interest by way of maintenance respectively, [Advancement clause, supra, p. 516]: PROVIDED ALWAYS, an mortgage to be it is hereby agreed and declared between and by the partie made under the to these presents, that the said N. O. and P. Q., or the survivor of them, or the executors or administrators of such portion become survivor, shall not sell or mortgage any part or parts of the Advancement clause. No sale or trusts of the term till some payable. UNDER POWERS OF JOINTURING PORTIONS. cesser of the said hereditaments and premises comprised in the said term of one thousand five hundred years, until some one 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. 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 herein before 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 POWERS OF JOINTURING PORTIONS. Covenants for title. prised therein as shall not have been mortgaged or sold for the 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 and inheritance of the premises so mortgaged (k): AND THE 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. (k) 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. (x). XIX. GRANT of a JOINTURE RENT-CHARGE to an GRANT OF RENT-CHARGE. THIS INDENTURE, made &c., BETWEEN A. B., of Parties. G. H., of &c., [trustees], of the third part: WHEREAS a Recital of the ment for the settlement. ther settlement is intended. (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. (k)); it is sufficient to create the rent-charge, and confer rent-charge, and 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 it, when no furbe made by lease and release, and the estates created by way of use in 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. |