Trust for payment of for wife's separate and wife, All those the said premises To hold to X and Y for the residue of the said term subject to the rent and to the covenants and stipulations reserved and contained in the said indenture of lease Upon the trusts, nevertheless, and subject to the powers rents, &c. and provisions following, that is to say-Upon trust for B until the said intended marriage And from and after the solemnization thereof Upon trust that X and Y shall out of the annual rents and profits of the said premises pay the rent and shall perform and observe the covenants and stipulations by and in the said indenture of lease respectively reserved and contained and on the part of the lessee to be paid, performed, and observed And subject to such payment, performance, use during and observance, shall pay to or permit B to receive the surplus joint lives of husband rents and profits of the said premises during the joint lives of A and B for her separate use for the residue of the said term for survivor in case A and B shall so long live And from and after the for life, death of A or B shall pay to or permit the survivor to receive the same rents and profits during the rest of such survivor's life for the residue of the said term in case the survivor shall so long live And from and after the death of such survivor Upon trust that X and Y shall sell the said premises and invest, &c. [trust to invest and vary investments, at their own discretion, as ante, p. 665] And shall stand possessed of the said net proceeds of sale, investments, and income thereof Upon trust for all or any of the issue of the said intended marriage in such manner, shares, and proportions as B shall notwithstanding coverture by any deed or deeds revocable or irrevocable or by will appoint And in default of appointment [insert trust for children equally, hotchpot and advancement clauses, and provisions for sale and distri bution amongst issue. trust in relating to Conveyancing Act, 1881, as ante, pp. 657, 661, 662] Ultimate AND IT IS HEREBY AGREED AND DECLARED that in case there default of issue. shall be no issue of the said marriage or no issue who shall acquire a vested interest in the said premises as aforesaid X and Y or other the trustees or trustee hereof for the time being shall stand possessed of the said premises, proceeds of sale, investments, and income thereof subject and without prejudice to the trusts herein before declared Upon the trusts following, that is to say-In case B survive A Upon trust for wife's for B, But in case A survive B, Upon trust for such person or persons as B shall notwithstanding coverture by will or codicil appoint and in default of such appointment Upon trust for all and every the persons or person who would have been entitled, under the Statute of Distributions, to claim the said premises in case B had died possessed of the same intestate and without having been married, and, if more than one, in equal shares as tenants in common. In witness, &c. next of kin. LXXXVIII.-SETTLEMENT ON MARRIAGE OF FREEHOLDS, To go as nearly as the law will permit in a uniform course THIS INDENTURE made, &c. [parties and recital of Parties. intended marriage as ante, p. 652] AND WHEREAS it was Recital of agreed upon the treaty for the same that the freehold, copy- for settle (a) Cf. aute, pp. 104, 105, 129, 130, 171, 172. agreement ment. of free holds settlement. hold, leasehold, and chattel property of which A is, respectively, seised and possessed, and described in the five schedules hereto Conveyance should be settled in manner hereinafter appearing NOW to uses of THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the said marriage A as beneficial owner with the consent of B hereby conveys to X and Y All those the freehold hereditaments of inheritance described in the first schedule hereto To hold to X and Y in fee simple To the use of A in fee simple until the said intended marriage And from and after the solemnization thereof To the use, &c. [uses in strict settlement, &c. as in Conveyance Precedents LXXX., LXXXI., ante, pp. 655-662] AND renewable THIS INDENTURE ALSO WITNESSETH that in further cf leaseholds for lives. pursuance of the said agreement and for the consideration aforesaid A as beneficial owner with the consent of B hereby conveys to X and Y All those the freehold hereditaments held by A on leases for lives together with the benefit of the covenant for perpetual renewal thereof and described in the second schedule hereto To hold to X and Y and their heirs during the lives for which the same are now held and for any other lives that may in future be added in pursuance of the said covenant for renewal To the use of A his heirs and assigns until the said intended marriage And from and after the solemnization thereof Upon trust that X and Y shall, &c. [insert trust to pay rent and fines and obtain renewals as ante, p. 672] And subject thereto To such uses, upon such trusts, and subject to such powers and provisions as shall correspond as nearly as the different tenure, the nature of the premises, and the law will permit, with the uses, trusts, powers, and pur to sur copyholds. of leaseholds. provisions hereinbefore declared of and concerning the said freehold estates of inheritance yet so as not to increase portions or multiply charges or powers of charging (a) AND THIS Covenant INDENTURE ALSO WITNESSETH that in further render suance of the said agreement and for the consideration aforesaid A hereby covenants with X and Y that he will as beneficial owner surrender All those the copyhold hereditaments described in the third schedule hereto into the hands of the respective lords and ladies of the several manors of which the same are held according to the custom thereof To the use of X and Y in fee simple Upon such trusts and subject to such powers and provisions, &c. [proceed as in the above declaration as to renewable leaseholds] AND THIS Assignment INDENTURE ALSO WITNESSETH that in further pursuance of the said agreement and for the consideration aforesaid A as beneficial owner with the consent of B hereby assigns to X and Y All those leasehold hereditaments held for the several terms of years described in the fourth schedule hereto To hold to X and Y for the residue of the said terms subject to the rents and to the covenants and stipulations, respectively, reserved and contained by and in the several indentures of lease, respectively, referred to in the fourth schedule hereto Upon the trusts following, that is to say-Upon trust for A until the said intended marriage And from and after the solemnization thereof Upon trust that X and Y shall out of the annual rents and profits, &c. [insert trust to pay rent and perform and observe covenants as ante, p. 674] And subject thereto shall hold the said leasehold (a) Cf. ante, pp. 129, 130. Proviso as to vesting interest in tenant in tail. of chattels as heir. looms. premises upon such trusts, and subject to such powers and provisions, &c. [proceed as in the above declaration as to renewable leaseholds, then add]: PROVIDED ALWAYS, and it is hereby agreed and declared that the beneficial interest in the said leasehold premises shall not vest absolutely in any tenant in tail by purchase under these presents who shall die under the age of twenty-one years but on such death shall devolve as if they were freeholds of inheritance comprised in the first Assignment schedule hereto (a) AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the said agree ment and for the consideration aforesaid A as beneficial owner with the consent of B hereby assigns to X and Y All the goods and chattels described in the fifth schedule hereto To hold to X and Y Upon trust for A until the said intended marriage And from and after the solemnization thereof to permit the said goods and chattels to devolve as heirlooms (b) together with the said freehold estates of inheritance as nearly as the rules of law will permit PROVIDED ALWAYS, &c. [insert proviso shifting ownership from tenant in tail dying under age as above (c)]. In witness, &c. First Schedule. Second Schedule. Third Schedule. Fourth Schedule. (c) Ct. ante, p. 130; 3 Dav. Prec. Pt. I, 3rd ed. 602 et seq. (b) Under the Settled Land Act, 1882, s. 37, a tenant for life is em powered to sell chattels settled as heirlooms. (c) Cf. 3 Dav. Prec. Pt. I, 3rd ed 624 et seq. |