next before the day of the date of the fame indenture of bargain and fale, and by force of the ftatute for transferring uses into poffeffion) and to their heirs; (here defcribe the eftates) General words, or, howfoever otherwife the faid meffuage or tenement, pieces or parcels of land and hereditaments now are or late were, or at any time heretofore have been called or known, abutted, divided or defcribed, tenanted or enjoyed, together with all ways, paths, paffages, waters, watercourses, drains, hedges, ditches, mounds and fences, rails, pales, timber, and other trees, common of pasture, and turbary and other commons, feedings, lights, eafements, profits, privileges, advantages, emoluments, and appurtenances whatsoever, to the faid meffuage or tenement, pieces or parcels of land and hereditaments or any of them belonging, or in any wife appertaining, or therewith, or with any of them, or any part thereof usually occupied or enjoyed or accepted, reputed, deemed, taken, or known as part, parcel or member thereof, or of any part thereof; and the reverfion and reverfions, remainder and remainders yearly, and other rents, iffues and profits thereof, and of every part thereof, and all the estate, right, title, interest, use, trust, inheritance, property, poffeffion, claim, and demand whatfoever, both at law and in equity, of her the faid Intended Wife of, in,to or out of the fame every or any part or parcel thereof TO HAVE AND TO HOLD the faid meffuage or tene- Habendum. ment, pieces or parcels of land and hereditaments, and all and fingular other the premifes hereby granted and released, or mentioned, or intended fo to be as aforefaid, with their and every of their appurtenances unto the faid Trustees, their heirs and affigns for ever, to and for the uses, intents and purposes upon the truft, and with, under, and fubject to the powers, provifoes, declarations and agreements hereinafter mentioned, expreffed and declared, of, and concern- To the ufe of ing the fame, that is to fay, TO THE USE of the faid the lady till Intended Wife and her heirs, until the faid intended marriage fhall be had and folemnized, and from and after To her for life the folemnization thereof TO THE USE of the faid or as the by any Intended Wife for and during the term of her natural ftanding the inwriting, notwithlife, to and for her own fole and separate use and benefit, tended coverture, or to the use of such person or perfons as fhe, the said shall appoint. Intended Wife, by writing under her hand fhall, at any time during the faid intended coverture, direct or appoint; and in default of fuch direction or appointment THEN For want of apIN TRUST to pay the rents, iffues and profits of the her the rents, &c. faid hereditaments and premises into the proper hands of for her own fepe marrriage. pointment to pay the rate ufe. And after her decease, to the ufe of the chil the faid faid Intended Wife for and during her life, to and for her fole and feparate ufe, wholly independent of the faid Intended Husband, and not fubject to his debts, controul or engagements and the receipts of the faid Intended Wife alone; and notwithstanding her coverture, it is hereby declared fhall be a good and fufficient difcharge for fo much of the faid rents and profits as fhall be therein acknowledged or expreffed to be received, and from and after the decease of the faid Intended Wife then TO THE USE of all and every the child and children of the said Intended Wife by the faid Intended Husband to be begotten, for dren as the by, fuch eftate and eftates, and in fuch proportions, and to be deed or will fhall appoint. vefted in fuch children or child at fuch respective age or ages, time or times, and in fuch manner as fhe, the said Intended Wife, alone, and notwithstanding her coverture, by any deed or inftrument in writing, to be fealed and delivered by her, in the prefence of, and attefted by two or more credible witneffes, or by her laft will and teftament in writing, or any writing in the nature of her lat will and teftament to be figned and published by her, in the prefence of three or more credible witneffes, fhall direct or appoint, and for want or in default of fuch direction or appointment, or in cafe any fuch fhall be when and as the eftates thereby limited fhall refpectively end and deterRemainder to the mineTO THE USE of all and every the child and children of the faid Intended Wife by the faid Intended Husband to be begotten, their respective heirs and affigns for ever, if more than one to take as tenants in common and not as jointenants, and if there fhall be only one fuch child, then to the use of fuch one or only child, his or her heirs and asfigns for ever; and in default of iffue of the faid intended marriage of the faid Intended Wife with the faid Intended Husband, TO THE USE of fuch person or perfons and for fuch eftate and eftates, intereft and interefts, ends, intents. and purposes, and with, under and fubject to fuch powers, provifoes, declarations and agreements as the faid Intended Wife, alone, and notwithstanding her faid intended coverture, by any deed or inftrument in writing, to be fealed and delivered by her in the prefence of two or more credible witneffes, or by her laft will and teftament in writing, or any codicilor writing in the nature of her laft will and teltament, to be figned and published by her in the presence of three or more credible witneffes, fhall direct or appoint and for want or in default of fuch laft mentioned direction children as tenants in common. In default of iffue to fuch ufes as the lady shall appoint.. OF or appointment, or in cafe any fuch fhall be, when, and as the eftates fo directed and appointed fhall refpectively end and determine to the ufe of the faid Intended Wife, her heirs and affigns for ever, and to and for no other use, intent, or purpose whatfoever. (Here add the common Provisions and Claufes of Indemnity.) IN WITNESS, &c. Settlement whereby the Property of the Lady, confifting of a THIS INDENTURE of four parts, made, &c. Parties. gentleman is the Intended Wife of the fecond part; the Lady's Mother of the third part; and Three Trustees of the fourth part; WHEREAS the faid Intended Wife is intitled under and Recites that the by virtue of the marriage fettlement, and laft will and tef- Lady is intitled to a reverfionary tament of her late deceafed father, to a pecuniary fortune, fortune in the confifting of a moiety of divers confiderable fums of Stocks. money in the public ftocks or funds, expectant on the deceafe of her grand-mother and her mother: AND And that the WHEREAS the faid Intended Hufband is feifed in fee feifed in fee of fimple of and in certain lands, tenements, farms, farm- certain heredita houses, and hereditaments, fituate, lying, and being in the ments. County of : AND WHEREAS a marriage And that a mar◄ hath been agreed upon, and is fhortly intended to be had riage has been and folemnized between the faid Intended Hufband and the tween the Lady agreed upon befaid Intended Wife, with the confent of her Mother, teftified by her being a party to and executing thefe prefents, whofe confent is required by the faid will of the Father, herein before referred to; and upon the treaty for the faid intended marriage it was agreed, that the faid lands, tenements, farms, farm-houfes, and hereditaments, of which the faid Intended Hufband is feifed and intitled to as aforefaid, fhould be conveyed, fettled and affured to the uses upon the trufts, and to and for the intents and purposes, and with, under and fubject to the powers, provifoes, declarations and agreements hereinafter limited, expreffed and declared, of, and concerning the fame; and that the faid Intended Husband, and alfo the faid Intended Wife, should make and enter into fuch covenants and agreements touching and gentleman with the confent mother, &c. of the Lady's The fettlement of the gentleman's property. touching the faid moiety of the faid ftocks and funds to which the fame Intended Wife is intitled in expectancy as aforefaid as hereinafter are expreffed and contained. NOW THIS INDENTURE WITNESSETH, that in purfuance of and for effectuating the faid agreement entered into upon the faid intended marriage in regard to the faid eftates of which the faid Intended Husband, is feifed and in-. titled to as aforefaid, and for and in confideration of the faid intended marriage, and of the covenants and agreements hereinafter made and entered into in regard to the faid moiety of the faid ftocks and funds to which the said Intended Wife is intitled in expectancy as aforefaid, and for making fome provifion for the faid Intended Husband and Intended Wife, and the iffue of the faid intended marriage, and for fettling and affuring the lands, tenements, farms, farm-houfes and hereditaments hereinafter described, and mentioned, or intended to be hereby granted and released to the ufes upon the trufts and for the intents and purposes, and with, under and fubject to the powers, provifoes, declarations and agreements hereinafter mentioned, expreffed and declared, of, and concerning the fame; and alfo, for, and in confideration of the said fum of ten fhillings of lawful money of Great Britain to the said Intended Husband in hand paid by the faid Trustees, on or before the fealing and delivery of these prefents, the receipt whereof is hereby acknowledged; he, the faid Intended Operative words. Husband, HATH granted, bargained, fold, aliened, releafed and confirmed, and by these presents DOTH grant, bargain, fell, alien, releafe and confirm unto the faid Trustees in their actual poffeffion now being, by virtue of a certain indenture of bargain and fale to them thereof made by the faid Intended Husband for five fhlilings confideration by indenture, bearing date the day next before the day of the date of these prefents for one whole year, commencing from the day next before the day of the date of the fame indenture of bargain and fale, and by force of the Statute for transferring ufes into poffeffion, and to their heirs, affigns, (bere defcribe the eftates); and alfo all other the lands tenements, farms, farm-houfes and hereditaments of him the faid Intended Husband, or whereof or wherein he or any other perfon or persons in truft for him, hath, or have any eftate of freehold or inheritance whatfoever, in poffeffion, reversion, use, remainder or expectancy, fituate, lying and being in the faid county of - together Mention of bar gain and fale. with all and fingular houses, outhoufes, edifices, barns; General words tables, yards, orchards, gardens, lands, meadows, paftures, feedings, ways, waters, watercourfes, paths, paffages, mines, delfs, quarries, woods, underwoods and the ground, and foil thereof, timber and other trees, commons, common of pasture and turbary and other commons, lights, cafements, profits, privileges, advantages, emoluments and appurtenances whatsoever to the faid hereditaments, or any of them, belonging or in any wife appertaining, or therewith, or with any of them, or any part thereof usually occupied or enjoyed or accepted, reputed, deemed, taken or known as part, parcel or member thereof, or of any part thereof; AND the reverfion and reverfions, remainder and remainders, yearly and other rents, iffues and profits thereof and of every part thereof; AND all the eftate, right, title, intereft, use, truft, inheritance, property, poffeffion, claim and demand whatsoever, both at law and in equity, of him the said Intended Husband, of, in, to, or out of the fame, every or any part or parcel thereof: TO HAVE AND TO HOLD the faid lands, tenements, Habendum farms, farm-houses and hereditaments, and all and fingular other the premifes hereby granted and released, or mentioned or intended fo to be as aforefaid, with their and every of their appurtenances unto the faid Trustees, their heirs and affigns, to the ufes upon trufts and for the intents purposes and with and under and fubject to the powers, provifoes, declarations and agreements hereinafter mentioned, expreffed and declared, of and concerning the fame, that is to lay, TO THE USE of the faid Intended Huf- To the ufe of the band and his heirs, until the faid intended marriage fhall gentleman till be had and folemnized, and from and after the folemniza- marriage. tion thereof, then TO THE USE of the faid Intended Then to him Husband and his affigns, for and during the term of his for life. natural life without impeachment of or for any manner of waste (voluntary wafte only excepted) and to permit and fuffer him and them to receive and take the rents, illues and profits thereof to his and their own use and ufes; and from and after the decease of the faid Intended Husband, TO THE USE of the faid Intended Wife and her affigns, Afterwards to the in cafe the fhall furvive the faid Intended Husband, for and lady for life. during her natural life, without impeachment of wafte, except voluntary, for her jointure and in bar of all dower or By way of jointhirds at common law, which the the fame Intended Wife, ture and in bar might otherwife have or claim, in, or out of all of any of the of dower. |