TO USES OF A ditaments therein particularly mentioned, were conveyed, CONVEYANCE assured, and limited (a), from and after the solemnisation of the said marriage, to the use of the said H. W. and H. H., their executors, administrators, and assigns, for the term settlement. of ninety-nine years, upon trust for securing to the said E. B., during the joint lives of the said A. B. and E. B., an annual sum of £- for her separate use, and from and after the expiration, or other sooner determination of the said term, and in the meantime subject to the said term, and to the trusts thereof, to the use of the said E. B. and her assigns, during the joint lives of herself and the said A. B., without impeachment of waste, with remainder to the use of the said E. F. and G. H., and their heirs, during the joint lives of the said C. B. and A. B., in trust (a) When an estate is intended to be conveyed to the uses of a settlement, or will, it is usual to set forth briefly the limitations, powers, and provisoes of the instrument; but this is not strictly necessary; for it is sufficient to identify the settlement, by stating the date and parties. The recital will then run, that the hereditaments "were conveyed, assured, and limited to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations in the said indenture of release declared, expressed, and contained of and concerning the same." But this method has the inconvenience of not shewing who is the tenant for life consenting to the sale, nor why the donees of the power are intrusted with their authority. And if we state the limitations to the tenant for life, and the trustees to preserve contingent remainders, there is some difficulty in referring with accuracy to the subsequent limitations and powers. If, however, this course be followed, perhaps the best way is, to state the limitations, as far as circumstances require, and then to add "with divers remainders over; and in the said indenture of release were contained divers powers, provisoes, and declarations, including a power for [the power of sale and purchase]." With respect to the order of the recitals, some observations will be found ante, page 242, note (a); and on the subject of recitals of settlements generally, see ante, page 222, note (c). CONVEYANCE TO USES OF A SETTLEMENT. for the said C. B. and her assigns, and to preserve the contingent remainders, with remainder, after the decease of the said A. B., (whether he should happen to survive the said C. B., or not), to the use and intent that, in case the said E. B. should happen to survive the said A. B., the said E. B. and her assigns should receive, during her life, a clear yearly rent-charge or annual sum of £500, to be issuing and payable out of the said manors and hereditaments comprised in and limited by the said indenture of release; and should, after the decease of the said A. B., so long as she should remain his widow, also receive a further clear yearly rent-charge or annual sum of £500, to be issuing and payable as aforesaid; and to the further use and intent, that, in case the said E. B. should happen to survive the said A. B., the said E. B. and her assigns should, after the decease of the survivor of them the said A. B. and C. B., receive, during her life, a further clear yearly rentcharge or annual sum of £500, to be issuing and payable as aforesaid, and should, after the decease of the survivor of them the said A. B. and E. B., so long as she should remain widow of the said A. B., receive a further clear yearly rentcharge of £500, to be issuing and payable as aforesaid, the said yearly rent-charges or annual sums of £500, £500, £500, and £500 respectively, to be payable in such manner, and to be attended with such powers and remedies for recovering and compelling payment thereof when in arrear, by distress and entry upon, and detention of the possession, and perception of the rents and profits of, the said manors and other hereditaments comprised in and limited by the said indenture of release, as in the same indenture are mentioned, and subject to the said yearly rent-charges or annual sums of £500, £500, £500, and £500, and to the powers and remedies for enforcing payment of the same respectively, to the use of the said G. D. and S. H., their executors, administrators, and assigns, for the term of five hundred years, to commence from the day of the decease of the said A. B., without impeachment of waste, upon the trusts in the said indenture of release mentioned for further securing the said yearly rent-charges or annual sums of CONVEYANCE TO USES OF A SETTLEMENT. £500, £500, £500, and £500 respectively; and after the decease of the survivor of the said A. B. and E. B., and whether the said C. B. should be living or not, upon trust to raise for the portions of the children of the said marriage, (except an eldest or only son), the sums therein mentioned, namely, the sum of £ if one child, and, if two or more children, the sum of £, to be vested and payable in such manner, and with such powers of appointment, and provisions for the maintenance, education, and advancement of such children as are in the said indenture of release mentioned, with a proviso for cesser, in the events therein mentioned, of the said term of five hundred years; and from and after the expiration or other sooner determination of the said term, and in the meantime subject thereto, and to the trusts thereof, to the use of the said C. B. and her assigns, for her life, without impeachment of waste, with remainder to the use of the said E. F. and G. H. and their heirs, during the life of the said C. B., in trust for her and her assigns, and to preserve the contingent remainders, with remainder to the use of the said A. B. and his assigns, for his life, without impeachment of waste, with remainder to the use of the said E. F. and G. H. and their heirs, during the life of the said A. B., in trust for him and his assigns, and to preserve the contingent remainders, with remainder to the use of the first and every other son of the body of the said A. B., on the body of the said E. B. to be begotten, severally and successively, according to their respective seniorities, in tail male, with remainder to the use of the first and every other son of the body of the said A. B., on the body of the said E. B. to be begotten, severally and successively, according to their respective seniorities, in tail general, with remainder to the use of all and every the daughters of the said A. B. and E. B., as tenants in common in tail general, with cross remainders between them in tail general, with remainder to the use of the said A. B., his heirs and assigns: AND in the said indenture of Powers of the release was reserved a power to the said A. B., to charge the said manors and other hereditaments with any sum or sums of money not exceeding £5,000, and interest; and to settlement. CONVEYANCE TO USES OF A Power of sale Money arising from sales to be laid out in pur chase of land. raise the same as therein mentioned, and to limit such rentcharge or rent-charges as therein mentioned, to any wife, or wives, with whom he might intermarry, after the death of the said E. B., and to charge such sum or sums of money by way of portions, for the children of any such future marriage as therein mentioned, and also such power of leasing as is therein contained: AND by the said inand exchange. denture of release, powers of sale and exchange, and of partition, were given to the said E. F. and G. H., and the survivor of them, and the executors or administrators of such survivor, to be exercised in manner therein mentioned, and at the request and by the direction of the person or persons therein mentioned (b): AND IT WAS, by the said indenture of release, also provided, that when all, or any part or parcel, parts or parcels of the said manors and hereditaments thereby made saleable as aforesaid, should be sold, in pursuance of the said power, for a valuable consideration in money; and also, when any sum or sums of money should be received for equality of exchange or partition, in pursuance of the said powers thereinbefore contained, then they the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, should, with all convenient speed, (with the consent of the said C. B., during her life, and after her decease, with the consent of the person or persons therein mentioned, to be testified by writing under her, his, or their hand, or respective hands), lay out and invest all and every the sum and sums of money which should arise by such sale or sales, and be paid for equality of exchange or partition as aforesaid, in the purchase of other manors, messuages, lands, or hereditaments in possession, to be situate, being, or arising somewhere in England or Wales, of a clear and indefeasible (b) As the intention in the present deed is to effect a purchase, it is not necessary to go into the particulars of the sale, by which the money to be now laid out was raised. It is enough to shew, that there was a power of sale, and that the trustees sold some land, and received the purchase-money; the power to invest that purchasemoney must be fully set forth, as in the text. CONVEYANCE TO USES OF A estate of inheritance in fee simple, and as well the hereditaments so to be purchased, as all and every the manors and hereditaments so to be received in exchange or on partition as therein before mentioned, should be forthwith settled, conveyed, and assured for and upon such uses, trusts, intents, and purposes, and with, under, and subject to such powers, provisoes, conditions, and agreements as were in and by the said indenture of release limited, expressed, declared, and contained of and concerning the manors, messuages, and other hereditaments therein comprised, or as near thereto as the deaths of parties, and other contingencies, or the circumstances of the case would then permit: AND Recital of conWHEREAS the hereditaments hereinafter particularly mentioned, and intended to be hereby appointed and released, were purchased by the said A. B., at the price of £700, and were, by indentures of lease and release, bearing date respectively the 14th and 15th days of April, 1837, the release being made or expressed to be made between [parties], conveyed and assured [to uses to bar dower in favour of A. B.; see mode of reciting, ante, Precedent XVII. veyances to uses in favour of A. B. of lands pur chased; trustees to a Railway Company; p. 210]: AND WHEREAS, by an indenture, bearing date of sale by the the day of 1837, and made or expressed to be made between the said E. F. and G. H., of the first part; the said C. B. and A. B., of the second part; and the Railway Company, of the third part; in consideration of the sum of £593, to them paid by the said company, the said E. F. and G. H., at the request and by the direction of the said C. B., (testified as therein mentioned), in pursuance of the said power of sale to them given by the said indenture of the 6th day of February, 1837, did limit and appoint, direct, and declare, that the pieces or parcels of land therein mentioned, situate in the parish of, in the county of, containing, or thereabouts, and being part of the hereditaments comprised in the said indentures of the 5th and 6th days of February, 1837, should thenceforth be and remain to the use of the said Railway Company, their successors and assigns for ever: AND WHEREAS the said E. F. and G. H., as trustees of of contract of the said indenture of the 6th day of February, 1837, and in purchase. pursuance of the direction in that behalf therein contained, |