GRANT OF RENT-CHARGE. Witnesseth, ure rent-charge to the wife; dower and freebench, as hereinafter mentioned, AND on the said treaty it was also agreed that the said A. B. should, in manner hereinafter mentioned, secure the sum of £ to be paid to the said C. D. within six calendar months next after the decease of him the said A. B., in case of his dying during her lifetime, in full satisfaction of and for any share to which she the said C. D. might in that event become entitled of or in all or any part of the personal estate of him the said A. B. as is hereinafter more particularly mentioned. NOW THIS INDENTURE grant of joint- WITNESSETH, that, in pursuance of the said agreement in this behalf, and in consideration of the said intended marriage, he the said A. B. hath given, granted, and confirmed, and by these presents doth give, grant, and confirm, unto the said C. D. and her assigns, in case the said intended marriage shall be had and solemnized, and the said C. D., shall survive him the said A. B., one annual sum or yearly rent-charge of £ during the life of her the said C. D., to be charged and chargeable upon and yearly issuing and payable out of ALL, &c. [parcels]; AND upon and out of their rights, easements, and appurtenances, and to be paid half-yearly by equal payments on the day of and the day of in every year, without any deduction or abatement whatsoever, And the first half-yearly payment to be made on such of the said days of payment as shall happen next after the decease --and of a pow- of the said A. B.; AND THE SAID A. B. doth hereby er of distress; grant and covenant to and with the said C. D. and her assigns, that when and so often as the said annual sum or yearly rent-charge of £, or any part thereof, shall be unpaid by the space of twenty-one days next after any of the days hereby appointed for the payment thereof as aforesaid, THEN and so often it shall be lawful for the said C. D. and her assigns during her life to enter into and distrain upon the said hereditaments and premises hereby charged with the payment of the said annual sum or yearly rent-charge as aforesaid, or any part thereof, and to dispose of the distress or distresses then and there found according to law, To the intent, that thereby or otherwise GRANT OF RENT-CHARGE. er of entry. the said annual sum or yearly rent-charge of £—, and every part thereof so in arrear and unpaid, And all costs, charges, and expenses occasioned by reason of the nonpayment thereof, shall be fully paid and satisfied (b); AND and of a powFURTHER, that in case the said annual sum or yearly rentcharge of £—, or any part thereof, shall at any time or times be so in arrear and unpaid by the space of forty days next after any of the days appointed for the payment thereof, THEN and so often, although there shall not have been any legal demand made thereof, it shall be lawful for the said C. D. and her assigns to enter into and upon, and hold the said hereditaments and premises hereby charged with the payment of the said annual sum or yearly rentcharge as aforesaid, or any part thereof, and to receive and take the rents, issues, and profits to her and their own use, until she and they shall therewith and thereby, or otherwise, be fully paid and satisfied the said annual sum or yearly rent-charge of £, and the arrears thereof due at the time of such entry, or afterwards to become due during her or their being in possession of the same premises, Together with all costs, charges, and expenses which she or they shall sustain by reason of the nonpayment thereof, such possession, when taken, to be without impeachment of waste (c) AND IT IS HEREBY AGREED and declared between and by the parties to these presents, that the said annual sum or yearly rent-charge of £ is granted to the said C. D. and her assigns as aforesaid, and she doth hereby expressly accept the same, in lieu, bar, and satisfaction of and for the dower and freebench to which by the common law or by custom, or otherwise, she the said C. D. would otherwise be entitled in, from, or out of all or any manors, messuages, lands, tenements, or hereditaments, in (b) With respect to powers of distress, see supra, p. 504, n. (k). (c) With respect to powers of entry, see supra, p. 504, n. (k). It may be observed, that the entry of the jointress under this power gives her an uncertain chattel interest determinable on the payment of all the monies which she is entitled by the terms of the power to recover. (Jemott v. Cowley, 1 Saund. 112; 1 Lev. 170). The jointure to be in bar of dower, &c. GRANT OF RENT-CHARGE. Witnesseth further, covenant by the husband that his representatives shall pay a sum of mo ney to the wife, if she survive; -in lieu of all claims on his personal estate. Great Britain or elsewhere, of which the said A. B. now is, or shall during the said intended coverture be seised or entitled for any estate to which dower or freebench is incident (d). AND THIS INDENTURE ALSO WITNESSETH, that, in pursuance of the said agreement in this behalf, and in consideration of the said intended marriage, he the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said E. F. and G. H., their executors and administrators, that in case the said intended marriage shall take effect, and the said C. D. shall survive him the said A. B., then and in such case the heirs, executors, or administrators of him the said A. B. shall and will, within six calendar months next after his decease, pay or cause to be paid the sum of £- -to the said C. D., her executors, administrators, or assigns, for her or their proper use and benefit (e): AND IT IS HEREBY AGREED and declared between and by the parties to these presents, that the provision made for the said C. D., by the covenant hereinbefore contained, for the payment of the said sum of £ is so made as aforesaid, and she doth hereby expressly accept the same in lieu and full satisfaction of and for any share or shares, interest or interests, to which she the said C. D., her executors or administrators, shall or may, or otherwise might, at common law or by custom, or under or by virtue of the statutes for the distribution of the effects of intestates, or otherwise howsoever, become entitled out of or in any personal estate or property whatsoever, of or to which he the said A. B. may be possessed or entitled at the time of his decease, in possession, reversion, remainder, or expectancy, and which may not be effectually bequeathed or disposed of by the last will and testament of him the said A. B., or any codicil or codicils thereto; And that such share or shares, interest or interests, to which she the said C. D. shall or may, or otherwise might, so become entitled, of or in any (d) See supra, p. 403, n. (n). (e) As to the effect of a covenant of this nature on the husband's becoming bankrupt, and the right of the trustees to prove as a debt, see supra, p. 381, n. (o), p. 396, n.; see too supra, p. 367, n. (a). such personal estate or property whatsoever, shall go and belong to the person or persons who would have been entitled thereto if she the said C. D. had died in the lifetime of the said A. B. (f). IN WITNESS &c. GRANT OF RENT-CHARGE. XX. LIFE ESTATE AND HER JEWELS, &C., SEPARATE USE. FOR HER SETTLEMENT on MARRIAGE for the SEPA- OF THE WIFE'S Recital of the wife's interest, partly for life, and partly ab solutely, under THIS INDENTURE, made &c., BETWEEN C. D., of Parties. ap (f) A provision expressed to be in lieu of dower and thirds at common law, does not bar the widow of her distributive share in her husband's undisposed of personal estate. Colleton v. Garth, 6 Sim. 49; see too supra, p. 403, n. (n). a settlement on a former marriage and the will of a deceased hus baud. LIFE ESTATE AND HER JEWELS, &C., FOR HER SEPARATE USE. OF THE WIFE'S absolutely, and certain other jewels, &c., only for her life— of the death of the husband, and the probate of his will-of the agreement for the marriage, supra, p. 309]: AND WHEREAS, on the treaty for the said intended marriage, it was, among other things, agreed that the said annual sums or yearly rent-charges of £ and £ should be of her jointure limited and settled To the uses, upon the trusts, and in manner hereinafter mentioned; AND upon the same treaty, Recital of the agreement for the settlement rent-charges; - of her life interest in free hold and lease hold estate, jewels, and chattels; -and of her absolute interest in other jewels and chattels; -and of all it was also agreed that the said mansion and other hereditaments in, and the household goods and furniture, pictures, books, and effects therein, to which the said C. D. is entitled for her life under the said will, as hereinbefore is mentioned, and also the said jewels, rings, diamonds, and trinkets to which she is entitled for her life under the same will as aforesaid, should be respectively settled upon the trusts and in manner hereinafter mentioned of and concerning the same respectively; AND upon the same treaty, it was also agreed that the said jewels, rings, diamonds, and paraphernalia to which she the said C. D. is absolutely entitled under the said will, should be settled upon the trusts and in manner hereinafter mentioned; AND on the same treaty, it was also agreed that these presents should contain such covenant as is hereinafter-acquired after contained for the settling of all other the real and personal estate of or to which the said C. D. now is, or she or the said A. B. in her right shall, during the said intended coverture, become entitled. NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of the said intended marriage, she the said C. D. (with the privity and consent of the said A. B., testified by his being a party to and executing these presents) hath granted, released, and assigned, and by these presents doth grant, release, and assign, unto the said E. F. and G. H., (as to such of the freehold parts thereof as consist of corporeal hereditaments (a) in their actual possession &c., ante, Vol. 3, p. 198), and their execu other the wife's present and property. Witnesseth grant and assignment by the wife; (a) The rent-charges being incorporeal hereditaments, need not be included in the lease for a year. |