A. B. and C. D., his executors, administrators, and assigns; and if such first son shall depart this life in the lifetime of both or either of them the said A. B. and C. D., without leaving any issue of his body lawfully begotten living at the death of the survivor of the said A. B. and C. D., or if such son shall survive the said A. B., and also the said C. D., and shall afterwards depart this life under the age of twenty-one years, and without leaving any issue of his body lawfully begotten living at his death, Then in trust for the second, third, fourth, fifth, and all and every other son and sons of the said intended marriage of the said A. B. and C. D., severally and successively, in order and course one after the other as they respectively shall be in seniority of age and priority of birth, and their several and respective executors, administrators, and assigns, every elder of such sons to be preferred before every younger of the same sons, yet, nevertheless, so that the interest of each and every son who shall depart this life in the lifetime of both or either of them the said A. B. and C. D., without leaving any issue of his body lawfully begotten living at the death of the survivor of the said A. B. and C. D., or who shall survive the said A. B. and also the said C. D., and shall afterwards depart this life under the age of twenty-one years, without leaving any issue of his body lawfully begotten living at his death, may determine in favour of his next brother, his executors, administrators, and assigns, To the intent and so that the same stocks, funds, and securities, dividends, interest, and income may be taken and enjoyed by each son in succession, according to his seniority, in case his elder brother shall depart this life in the lifetime of both or either of them the said A. B. and C. D., without leaving any issue of his body lawfully begotten living at the death of the survivor of the said A. B. and C. D., or having survived the said A. B. and also the said C. D., shall afterwards depart this life under the age of twenty-one years, without leaving any issue of his body lawfully begotten living at his death; And in case there shall be no son of the said intended marriage, or no son who shall be living at the death of the survivor of the said A. B. and C. D., or shall leave issue of his body lawfully begotten living at the death of the survivor of the said A. B. and

Of leasehold (by

reference), cor

wards depart this life under the age of twenty-one years, and no issue of any such son shall be living at his death, Then in trust for the daughter if only one, and if more than one, then all the daughters of the said intended marriage between the said A. B. and C. D., to be equally divided between such daughters if more than one, share and share alike, as tenants in common and not as joint tenants, and her or their executors, administrators, and assigns; And if any one or more of the said daughters (in case there shall be more than one) shall depart this life in the lifetime of both or either of them the said A. B. and C. D., without leaving any issue of her or their body or respective bodies, lawfully begotten, living at the death of the survivor of the said A. B. and C. D.; or in case any one or more of the said daughters who shall be living at the death of the survivor of the said A. B. and C. D. shall afterwards depart this life under the age of twenty-one years, and without leaving any issue of her or their body or respective bodies, lawfully begotten, living at her or their death or several deaths; Then as to and concerning the original share or shares of and in the said sum of £, and the stocks, funds, and securities in and upon which that sum shall from time to time be invested, and of the dividends, interest, and income thereof which shall belong to the daughter or daughters respectively so dying, and also as to the share or shares of and in the same trust monies, stocks, funds, and securities, dividends, interest, and income which the same daughter or daughters respectively shall take under and by virtue of this present provision, In trust for the other, or, if more than one, the others of the same daughters, to be equally divided between them if more than one, share and share alike, and her and their executors, administrators, and assigns, or several and respective executors, administrators, and assigns.

CXX. Nevertheless in trust for the said A. B., his responding with executors, administrators, and assigns, in the meantime and until the solemnization of the said intended marriage; and after the solemnization thereof, Upon trust, and to the end,

trusts of free

hold lands in strict settle

ment.

intent, and purpose that the same messuages, lands, tenements, and premises may go along with the freehold hereditaments hereby released or otherwise assured, or intended so to be, and by way of aid only, and only if wanted for the purpose, after the said freehold and copyhold hereditaments shall have been applied for that purpose, be subject to the same charges and payments; and subject and without prejudice to such charge, to be held and enjoyed by the same persons, and for the same uses, intents, and purposes, and be subject to the same or the like powers of leasing, selling, exchanging, and other powers, provisoes, and agreements, uses, trusts, and limitations as are hereinbefore limited, expressed, and declared of and concerning the said freehold hereditaments, or as near thereto as may be, and the nature or tenure of the property, and the rules of equity, will permit; Yet nevertheless so that the said messuages, lands, tenements, and premises of a leasehold tenure, or held for a chattel interest, shall not vest absolutely in any person or persons to be tenant or tenants in tail of the said freehold hereditaments under this settlement, unless such person or persons respectively shall attain the age of twenty-one years, or die under that age, leaving issue living at his or their death or respective deaths, but as far as the rules of law and equity will admit, shall belong to the person or persons to whom the same, if lands of inheritance and hereby settled as such, would in that event have belonged, descended, devolved, or remained.

CXXI. Upon trust that the same leasehold messuages &c., household goods &c., may go along with the said freehold manors &c. hereinbefore devised, and be held and enjoyed, and the rents of the said leasehold messuages, lands, tenements, &c. received and taken by the same persons, and applied to the same uses, and subject as to the leasehold estates to the same or the like powers of leasing, and subject as to all the said property, including leasehold estates, to all other powers, provisoes, agreements, uses, trusts, charges, and limitations as are hereinbefore and hereinafter limited, expressed, and declared concerning the said manors &c., or as near thereto as may be, and the

Of leasehold and personal property corresponding with

uses of real es

tate in strict set

tlement. (In wills).

Of leasehold (by reference), to

trusts of free

holds. (In

wills).

nature or tenure of the property, and the rules of equity, will permit; Yet nevertheless so that the same shall not vest absolutely in any person or persons, being tenant or tenants in tail under this my will, unless he, she, or they respectively shall attain the age of twenty-one years, but, as far as the rules of law and equity will admit, shall belong to the person or persons to whom the same, if lands of inheritance and hereby settled as such, would in that event have belonged, descended, devolved, or remained.

CXXII. Upon such trusts, and for such intents and correspond with purposes, and with, under, and subject to such powers, provisoes, and declarations as, allowing for the different natures of the estates, will best and nearest correspond with the uses, trusts, intents, and purposes, powers, provisoes, and declarations hereinbefore by me declared of the fee-simple estates hereinbefore by me devised, so that the same may go along and be enjoyed with the said fee-simple estates, so far as the rules of law and equity, and the different tenures of the estates, will admit of; Yet so that the same leasehold manors, lands, and other hereditaments, shall not, for the effect of transmission, vest absolutely in any person hereby made tenant in tail of my said feesimple estates, unless and until such person shall attain the age of twenty-one years, or depart this life under that age, leaving lawful issue of his body, entitled under the limitations hereinbefore contained to the said fee-simple estates, living at the time of his decease, or born in due time afterwards, but nevertheless such person to be entitled to the rents, issues, and profits thereof during such suspense of absolute vesting.

Trusts for per

the description of heir-at-law. (In wills).

CXXIII. In trust for and for the benefit of the person sons answering or persons who, on the determination or failure of the several estates hereby limited to the said A. B. and C. D. respectively, shall be the heir or co-heirs of the said E. F., and his, her, or their heirs, executors, administrators, and assigns; and if there shall be several persons who shall be coheirs, they shall take as tenants in common and not as joint tenants, and in the same shares and proportions,

either equally or unequally, as they would have been entitled to a real estate descending from me, and vesting in them at that time as my co-heirs (a).

CXXIV. And I declare that in the leasehold estates and in the heir looms the ultimate trust, instead of being to my right heirs, shall be for the person or persons who at my death shall answer the description of being my right heir, and that the principle shall extend as well to leasehold estates to be purchased or acquired after my death, as to estates belonging to me at my death.

Another form.

(In wills).

be entitled as

heirs of real

estate.

CXXV. Upon trust that they the said A. B. and C. D., of personal and the survivors of them, and the executors, administra- sons who would tors, and assigns of such survivor, do and shall pay, transfer, and assign the said [personal property] unto the person or persons who at the decease of the said A. B. shall be her heir or co-heirs at law, as and for his, her, or their own absolute property; and if there shall be co-heirs, then do and shall divide the same between them as tenants in common and not as joint tenants, and in the same shares and proportions (either equally or unequally) as they would be entitled to a real estate descending from the said A. B., and vesting in them at her death by descent as her coheirs.

CXXVI. Upon trust that they the said A. B. and C. D., and the survivor of them, his executors and administrators, do and shall insure, and from time to time keep insured, the said messuages &c., in the sum of £—, against loss or damage by fire; and do and shall from time to time apply the money which shall be received by him or them by virtue of such insurance, in rebuilding or repairing such part or parts of the said premises respectively as shall have been destroyed or damaged by fire; and do and shall from time to time, with the consent in writing of the said E. F. G. H., or the survivor of them, and after the death of

and

such

and wife; 6th,

(a) For Form of Uses to the same purpose, vide Tit. vi. art. 50.

for wife for life; 7th, husband for

life.