Habendum,

subject to

prior uses;

rentcharge.

hereto, together with, [general words, supra, p. 61, omitting the estate clause]. TO HOLD the said premises SUBJECT to the uses and estates which under or by virtue of the subsisting settlement or settlements of the said premises are subsisting or capable of taking effect, prior to the estate in tail of the said A. B. in the same premises, and to the powers annexed to such prior uses and estates, so far as the same are now subsisting or capable of taking effect, AND also -and to the subject to the said yearly rentcharge of £, and the powers and remedies for enforcing payment thereof, UNTO the said F. G., H. I., and K. L., their executors, administrators, and assigns, for the term of years, to commence from the For a term. death of the survivor of the said A. B. and C. B., without impeachment of waste, UPON TRUST Upon trusts that the said F. G., H. I., and K. L., and the rentcharge. survivors and survivor of them, and the executors and administrators of such survivor, shall permit the person or persons entitled in reversion, immediately expectant on the said term of

years, to receive the rents and profits of the said premises, until default shall be made for sixty days in payment of the said rentcharge of £, or some part thereof, at the times and in manner aforesaid, AND if any part of the said rentcharge shall be unpaid for sixty days after any of the times hereinbefore appointed for payment thereof, then and so often shall by and out of the rents and profits of the same premises, or

to secure the

by mortgage thereof, or by the sale of timber, or minerals, or by all or any of the ways aforesaid, or by any other reasonable ways or means, raise and pay the said rentcharge, and all arrears thereof, and all costs, damages, and expenses incurred by reason of the non-payment thereof, AND shall pay the surplus of the monies, to be raised as aforesaid, to the person or persons entitled to the reversion immediately expectant on the same term, AND subject to the trusts herein before declared, shall permit the rents and profits of the same premises to be received by the person or persons entitled as aforesaid. Mortgagees AND no mortgagee advancing money upon any propriety of mortgage purporting to be made under any of the trusts herein before declared, shall be bound to see that the money raised is wanted, or that no more than is wanted is raised, or otherwise as to the propriety of such mortgage (a) [power to appoint new trustees to be exerciseable by D. E. alone, supra, p. 281]. AND the said A. B. doth grantor for hereby for himself, his heirs, executors, and administrators covenant with the said F. G., H. I., and K. L., their executors, administrators, and assigns, that notwithstanding anything by the said A. B. done or knowingly suffered, he now hath power to charge and grant the said

not to see to

mortgages.

Coven int

by the

right to charge and grant.

(a) As to the propriety or advantage of inserting here a declaration to bar dower, see Davidson's Prec. Conv. Vol. III. 2nd ed. p. 695.

further assurance.

premises to the effect and in manner aforesaid. AND FURTHER that he and every person And for claiming through or in trust for him will, at all times, at the cost of the said A. B., or his heirs, execute and do all such assurances and things for further and better assuring all or any of the said premises, to the effect and in manner aforesaid, as by the said F. G., H. I., and K. L., or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, shall be reasonably required. IN WITNESS &c. (a).

THE SCHEDULE referred to in the abovewritten INDENTURE.

(a) This deed must be enrolled in Chancery within six calendar months after its execution by A. B. and C. B.

LXXXIII.

SETTLEMENT, on MARRIAGE, of REAL ESTATE (FREEHOLD and COPYHOLD) upon the HusBAND and WIFE successively for Life, with REMAINDER to the ISSUE of the Marriage, as the Husband and wife, or the Survivor, shall APPOINT; and, in Default, to the Children in equal Shares in TAIL as TENANTS IN COMMON, with CROSS REMAINDERS. POWERS of MANAGEMENT during MINORITIES, of LEASING, and of SALE and EXCHANGE (α). THIS INDENTURE, made &c., BETWEEN A.B., of &c. [intended husband], of the first part, C. D., of &c. [intended wife], of the second part, and E. F., of &c., and G. H., of &c. [trustees], of the Witnesseth. third part, WITNESSETH, that, in consideration of a marriage intended to be shortly solemnised be

Parties

(a) When real estate is desired to be settled upon the children as the parents shall appoint, and, in default, equally, the best way is to convey the estate to the trustees, upon trust to sell and hold the money produced upon trusts to be declared by a settlement of even date. See Precedents infra, pp. 348, 353. For when real eatate is settled as in the Precedent in the text, the ordinary provisions for hotchpot and advancement cannot be applied, nor those for maintenance and accumulation, conveniently, and there is difficulty in dealing with the estate when it becomes divisible among the children.

of freeholds.

To the use marriage; after marriage to uses in favour of band, wife,

of settlor till

the hus

and chil

dren;

tween the said A. B. and C. D., he the said A. B., with the approbation of the said C. D., doth hereby grant unto the said E. F. and G. H., and Conveyance their heirs [parcels in the first schedule-general words, supra, p. 109], TO HOLD the said premises Habendum. UNTO the said E. F. and G. H. and their heirs, TO THE USE of the said A. B. and his heirs until the said intended marriage; AND AFTER the solemnisation thereof, TO THE USE of the said A. B. and his assigns, during his life, without impeachment of waste; AND AFTER his death TO THE USE of the said C. D. and her assigns, during her life, without impeachment of waste; AND AFTER the death of the said C. D., TO THE USE of all or such one or more of the issue of the said intended marriage, for such estates or estate and in such manner as the said A. B. and C. D. shall by deed appoint; AND IN DEFAULT of and until any such appointment, and so far as no such appointment shall extend, as the survivor of the said A. B. and C. D. shall, by deed, or by will or codicil, appoint; AND IN DEFAULT of and until any such appointment, and so far as no such appointment shall extend, IF there shall be

And it is evident that the effect of a settlement in trust for sale, (such sale, during the lives of the tenants for life, to be with their consent,) and a declaration that the rents till a sale shall go as the income of the funds would go, is tantamount to the settlement of the real estate in specie, with the ordinary power of sale. The Precedent in the text, however, is given because a settlement of this kind is sometimes insisted on.