STRICT SETTLEMENT.

and until a apply the rents certain period in manner afrected;

terwards di

books and articles intended to be hereinafter assigned), and do all acts, matters, and things in relation thereto, in such or the like manner as the said trustees or trustee for the time being of the lastly hereinbefore recited indenture of release are or is hereinafter directed to do during the period hereinafter mentioned, in regard to the hereditaments and premises for the time being vested in them or him under or by virtue of the same indenture (x); AND FURTHER, do and shall receive the rents, issues, and profits of the hereditaments and premises comprised in the said term of nine hundred years, and do and shall in the meantime, and until the period shall have arrived when such conveyance as aforesaid is directed to be made, apply and dispose of such rents, issues, and profits, in manner hereinafter directed; AND DO AND SHALL dur--and after that ing such further time (if any) after that period as the said the life of the A. B. shall live, apply and dispose of such rents, issues, and settlor, profits, in manner following, (that is to say), IN THE FIRST to pay anPLACE, in paying and discharging the growing payments to become due for or in respect of any annuity or annuities, or for or in respect of the interest of any mortgages or incumbrances which may then affect the said hereditaments and premises, or any part thereof; AND IN THE NEXT and certain PLACE, in raising, so long as the said A. B. and C. B. shall annual sums; jointly live, for him the said C. B., and after the decease of the said C. B., then so long as the said A. B. and such other person, (if any), being male, as shall for the time being be entitled to the freehold or inheritance in remainder immediately expectant on the decease of the said A. B., of the manors, lands, and hereditaments hereby released, or expressed and intended so to be, shall jointly live, for such other person so being a male, the annual sum of £clear of all deductions for taxes, assessments, or other charges or outgoings whatsoever, by equal half-yearly payments on the in every year, the first payment thereof to be made on such of the said days as shall happen first after the period shall have arrived when

day of and day of

(a) See the power referred to infra, p. 613.

nual incumbrances;

STRICT SETTLEMENT.

-and the surplus to the settlor for life;

-and upon trust to cut

timber needed for repairs;

-and such

other timber as ought to be cut, and sell the same.

such conveyance is directed to be made as aforesaid, at which period the like annual sum of £—, directed to be raised for the said C. B., or such other person as aforesaid, under the provisions hereinafter contained, will cease to be raisable; And do and shall pay and apply the annual sum of £- so to be raised under the trusts of the said term of years, in the manner hereinafter mentioned; AND AS TO so much of the said rents, issues, and profits as shall remain after answering the trusts aforesaid, DO AND SHALL pay such surplus rents, issues, and profits to the said A. B. during his life; but subject nevertheless to the proviso hereinafter contained; AND UPON FURTHER TRUST, that, subject and without prejudice to the trusts aforesaid, the said C. B., E. F., and G. H., and the survivors and survivor of them, and the executors or administrators of such survivor, from time to time, when and as any person or persons subject to impeachment for waste shall, under or by virtue of the limitations herein before contained, be entitled to the said manors, lands, hereditaments, and premises comprised in the said term of nine hundred years in remainder immediately expectant upon the determination of the same term, do and shall mark, allot, and set out, or cause to be marked, allotted, and set out, such timber and other trees to be felled and cut down from off the said manors, lands, hereditaments, and premises as shall from time to time be wanted for the new building, repairing, or amending of all or any of the mansion-houses, messuages, farm-houses, outhouses, edifices, or buildings now standing or being, or hereafter to be erected, and standing and being upon any part or parts of the said manors, lands, hereditaments, and premises, and do and shall permit the same to be felled, cut down, and used by such person or persons, or by his or their agents, workmen, or tenants, for the purposes for which the same shall be so wanted; AND, SUBJECT THERETO, do and shall from time to time, when and as the said trustees, or the survivors or survivor of them, or the executors or administrators of such survivor, shall think proper, fell and cut down, or cause to be felled and cut down, all such timber and other trees as shall be at their full growth and height of improvement, or

STRICT SETTLEMENT.

Proviso that, subject to the preceding trusts, the re

versioner shall

take the profits.

in a state of decay, or which ought to be felled and cut down for the improvement of other timber and trees, And do and shall sell and dispose of the timber and other trees which shall be so felled and cut down as last aforesaid, for the best price that can be reasonably obtained for the same, And do and shall apply the clear monies arising from such sale in such or the like manner as is hereinbefore directed in regard to the monies to be received upon or to arise from any partition, enfranchisement, sale, or exchange which may be made under the powers for those purposes herein before contained: PROVIDED ALWAYS, and it is hereby further agreed and declared between and by the parties to these presents, that the said C. B., E. F., and G. H., and the survivors and survivor of them, and the executors and administrators of such survivor, do and shall, subject and without prejudice to the trusts aforesaid, from time to time permit the rents, issues, and profits of the said hereditaments and premises comprised in the said term of nine hundred years, or so much of the said rents, issues, and profits as shall remain after answering the trusts aforesaid, to be received by the person or persons who for the time being shall be entitled to the same hereditaments and premises in remainder immediately expectant upon the determination of the same term: PROVIDED ALWAYS, and it is hereby further agreed Proviso for cesand declared between and by the parties to these presents, that when all the trusts of the said term of nine hundred years shall have been performed, or have become unneces sary or incapable of taking effect, and the costs attending the execution of such trusts shall have been fully satisfied (y), the same term, and also the said term of one day herein before limited to the said I. K. and L. M., shall, subject and without prejudice to any mortgage or other disposition which shall have been made under the aforesaid trusts, absolutely cease and determine. AND THIS Covenant to INDENTURE ALSO WITNESSETH, &c., [Cove- holds.

ser.

surrender copy

tees.

(y) In the present case the trustees are authorized under the general Costs of trustrusts of the term to raise their costs; but if it were not so, an authority to that effect should be introduced here. See the form, supra, p. 519.

STRICT SETTLEMENT.

Covenants for title.

nant to surrender copyhold hereditaments upon trusts to correspond with the limitations of the freeholds, supra, p. 546]: AND SO FAR AS RELATES to his life estate in the said hereditaments described or mentioned in the

schedule to these presents, with their rights, members, and appurtenances, and so far as relates to the fee-simple in possession of the hereditaments described or mentioned in the schedule to these presents, with their rights, members, and appurtenances, the said A. B. DOTH HEREBY, for himself, his heirs, executors, and administrators, AND so far as relates to the fee-simple in remainder expectant upon the decease of the said A. B. of and in the hereditaments described or mentioned in the — schedule to these presents, with their rights, members, and appurtenances, the said C. B. DOTH HEREBY, for himself, his heirs, executors, and administrators, covenant with the said E. F. and G. H., and their heirs, in manner following, (that is to say), THAT, notwithstanding any act, deed, matter, or thing whatsoever, made, done, committed, permitted or suffered to the contrary by him the said A. B., or his ancestors or testators, or any of them, or the said C. B., (except as hereinafter is mentioned), he the said A. B. is now seised, &c., [that A. B. is seised of the hereditaments in the schedule for life; and of those in the schedule in fee; that C. B. is seised in fee in remainder expectant on A. B.'s life estate of the hereditaments in the schedule; that the power is good; for right to appoint and to convey; for quiet enjoyment; free from incumbrances; and for further assurWitnesseth fur ance, supra, pp. 552-555]. AND THIS INDENTURE ALSO WITNESSETH, that, in consideration of the pretrustees of chat- mises, he the said A. B. HATH assigned, and by these presents DOTH assign, unto the said C. B., E. F., and G. H., their executors, administrators, and assigns, ALL and singular the books, prints, pictures, plate, linen, china, glass, and other household goods and furniture now in or about the capital messuage or mansion called —, (which messuage or mansion is mentioned in the schedule to these presents), AND ALL THE ESTATE &c.: TO HAVE AND TO HOLD the said books and articles hereby assigned, or expressed

ther, assign

ment to the

tels.

Habendum as heirlooms;

and intended so to be, unto the said C. B., E. F., and G. H.,
their executors, administrators, and assigns, UPON the same
trusts, as nearly as may be, as are hereinbefore declared, of
the said term of nine hundred years, and, subject. thereto,
UPON TRUST to permit the same to be held and enjoyed with
the said messuage or mansion-house called
SO far as the
rules of law or equity will permit, by the person or persons
who for the time being will be entitled to the actual pos-
session, or to the receipt of the rents and profits of the
same messuage or mansion-house under or by virtue of the
limitations or provisoes herein before contained (2): PRO-
VIDED NEVERTHELESS, that the same books and articles
shall not vest absolutely in any person hereby made tenant
in tail male or in tail by purchase, unless such person shall
attain the age of twenty-one years (a): AND IT IS HEREBY
FURTHER AGREED and declared between and by the parties
to these presents, that as soon as conveniently may be after
the execution of these presents, a schedule or inventory
shall be made and taken of such books and articles, and two
copies shall be made of such schedule or inventory, and one
of such copies shall be placed and remain in the hands of the
said C. B., E. F., and G. H., or the survivors or survivor of
them, or the executors or administrators of such survivor,
and the other copy shall be left at the said messuage or
mansion-house, and shall from time to time, after the period
shall have arrived when such conveyance as hereinafter is
mentioned is directed to be made, or after the decease of
the said A. B., whichever shall last happen, be signed by
the person who shall for the time being be entitled to the
actual possession, or to the receipt of the rents and profits
of such messuage or mansion-house; AND such person shall
execute and give to the said trustees or trustee for the time
being a bond or obligation in writing, with a sufficient penalty,

(≈) As to the settlement of personal chattels to go in the nature of heirlooms along with lands in strict settlement, see Harg. & Butl. Co. Lit. 18 b., n. 7; 2 Pow. Dev. by Jarman, 642; Williams's Law of Executors, Part 2, bk. 2, ch. xi. s. 11, div. 1.

(a) See supra, p. 543, n. (o).