APPOINTMENTS. Jointure (before marriage). Covenant that husband has &c. or they shall be put unto, or sustain, or become liable to pay by reason of the non-payment thereof, which possession when taken, shall be without impeachment of waste, other than wilful and malicious waste (1). AND the said (intended husband) doth hereby for himpower to grant, self, his heirs, executors, and administrators, covenant and declare to and with the said (trustee), his executors, administrators, and assigns, that he the said (intended husband), hath at the time of the sealing and delivery of these presents, good right, full power, and lawful authority, under or by virtue of the said in part recited indenture of settlement or otherwise, to grant, limit, and appoint, unto and to, and for the benefit of the said (intended wife), for her life, and for her jointure as aforesaid, the said annual sum or yearly rent-charge of L and to make the same issuable out of and chargeable upon the aforesaid hereditaments and premises, in the manner hereinbefore Quiet enjoyment expressed. AND further, that she the said (wife) and her assigns, shall by wife. Present appointment not to preclude further appointment. and may at all times during the term of her life (in case the said intended marriage shall take effect, and she shall happen to survive the said (intended husband) her said intended husband, peaceably and (1) If the jointure appointed to the wife be less than the sum authorized by the power, there may here be added a proviso enabling the husband to increase it to that amount, in which case say, "PROVIDED ALWAYS, and it is hereby declared, that the grant, limitation, and appointment hereby made of the said yearly rent or annual sum of L to the said (intended wife) as aforesaid, or any clause, matter, or thing, herein contained, shall not extend, or be construed to extend, to prevent or hinder the said (intended husband), at any time or times after the said intended marriage shall take effect, from granting, limiting, and appointing any further yearly rent or annual sum to the use of the said (intended wife), in case she shall survive him, to be issuing out of and chargeable upon the lands and hereditaments, to be hereby charged with the said yearly rent or annual sum of £ , so that such further yearly rent, or annual sum, do not together with the said yearly rent or annual sum, so already granted, limited and appointed, exceed such yearly rent-charge or annual sum of £ he the said (intended husband) is empowered to grant, limit, and appoint, under or by virtue of the hereinbefore in part recited indenture of release, so that such future rent-charge or rent-charges do not, together with the said rent-charge of £ hereby granted, exceed such annual sum as he the said (intended husband) is by the said in part recited indenture empowered to grant, limit, or appoint, to or for the usc or benefit of any woman he might marry.” as APPOINTMENTS. Jointure (before marriage). surance. quietly have, hold, receive, perceive, take, and enjoy, the said annual sum or yearly rent-charge of £ , so granted, limited and appointed to her jointure as aforesaid, to and for her and their own proper use and benefit, according to the true intent and meaning of the said indenture and of these presents, without any lawful eviction, interruption, hindrance, or disturbance whatsoever, of, from, or by any person or persons whomsoever, and that free and clear, and freely and clearly acquitted, exonerated, and discharged, of, from, and against all former and other grants, limitations, appointments, jointures, charges and incumbrances whatsoever. AND further, that the said (intended Further ashusband) and his heirs, and all and every other person and persons whomsoever, lawfully or rightfully claiming, or to claim, by, from, or under him or them, or by, from, or under the said deceased, shall and will at the request of the said ( ) at his and their own proper costs, make, do, and execute, or cause and procure to be made, done, and executed, whether by fine, common recovery or otherwise, all and every act, deed, matter or thing whatsoever, for the further, better, and more perfectly and satisfactorily granting, limiting, appointing and assuring, the said annual sum or yearly rent-charge of L unto or for the benefit of the said (intended wife) and her assigns, during her life, in case the said intended marriage shall take effect, and she shall happen to survive the said (intended husband) her intended husband, for her jointure as aforesaid, and for the further and better enabling her, the said (intended wife) and her assigns, to receive the same, and all arrears thereof, by all or any of the ways or means aforesaid, as by him the said (trustee), his executors, administrators or assigns, or his or their counsel in the law shall reasonably require. IN WITNESS, &c. APPOINTMENTS. Jointure (after marriage). No. CI. *Appointment of Lands (1) by way of Jointure after marriage (2), in pursuance of a covenant contained in a marriage settlement (3). Recital of marriage settlement. THIS INDENTURE of day of BE TWEEN (the husband) of, &c., of the first part, (wife) his wife, late , over and above all reprises and outgoings (parliamentary taxes only excepted), or in lieu thereof one annuity or yearly rent-charge of £ free from all taxes and deductions whatsoever, to be issuing out and charged upon (1) See ante, p. 311. n. (1). (2) Although the jointure be made after the marriage, yet if it be in pursuance of covenant before the marriage to which the wife assented, it will be a bar to her dower notwithstanding. Sec. 7 of the stat. 27 Hen. VIII. c. 10. (3) See a covenant to jointure, post. COVENANT. APPOINTMENTS. marriage). freehold messuages, lands and hereditaments, for each L which he the said (husband) should so become possessed of, or enti- Jointure (after tled to in right of the said (wife) [over and above (if so) an augmentation of the jointure or provision made for her in or by the same indenture] (as relation being thereunto had, will more fully and at large appear). And whereas the said intended marriage was shortly after solemnized. And whereas the said (husband) hath lately become possessed of or entitled to the sum of L WITNESS. Husband grants in right of his said wife, under or by virtue of the last will and testament of, &c., or as next of kin of, &c., deceased [as the case may be]. And is desirous, and has agreed to settle and assure the lands and hereditaments hereinafter described, to the use of his said wife during the term of her natural life in augmentation of her jointure from and after the decease of him the said (husband), in pursuance and satisfaction of the aforesaid covenant in that behalf. Now THEREFORE THIS INDENTURE WITNESSETH, that to the end, intent and purpose of making &c. lands to a provision for [or of augmenting the jointure of] the said trustees. his wife, and in consideration of the sum of ten shillings of lawful and current money of England to him the said (husband), in hand paid by the said (trustees), at or before the scaling and delivery of these presents, (the receipt whereof is hereby acknowledged); he the said (husband) HATH granted, bargained, sold, aliened and released, and by these presents DOTH grant, bargain, sell, alien, release and confirm unto the said (trustees), ALL that &c. &c., TOGETHER with all houses, buildings, yards, gardens, orchards, ancient and other lights, ways, water-courses, rights and privileges of common of every kind, and all and all manner of other privileges, easements, advantages, appendages and appurtenants whatsoever to the said hereditaments and premises, or any part thereof, belonging or with the same or any part thereof now or heretofore holden, occupied or enjoyed (all which said messuages, lands and hereditaments are now in the possession of or legally vested in the said (trustees) by virtue of a bargain, shall for a year to them thereof made by the said (husband) for five shillings consideration, by an indenture bearing date on the day next before the date of these presents, and by force of the statute made for transferring uses into possession), and the reversion and reversions and remainder and remainders, of and in the said hereditaments and premises, and the rents, issues and proceeds thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of him the said (husband) in, to or respecting the said hereditaments and premises, or any part thereof. TO HAVE AND TO HOLD the said messuages, lands, hereditaments, and all and singular To hold for use of husband for life. Jointure (after marriage). Remainder to use of wife for life. APPOINTMENTS. other the premises hereby granted and released or otherwise assured or intended so to be, with their and every of their rights, members and appurtenances unto the said (trustees) and their heirs, to the use and behoof of him the said (husband) and his assigns, for and during the term of his natural life, without impeachment of or for any manner of waste, and from and after the decease of him the said (husband) to the use and behoof of the said his wife, for and during the term of her natural life, in case she shall survive the said (husband) her said husband, and from and after the decease of her the said (wife) to the use and behoof of the said (husband), his heirs and assigns for ever. AND it is hereby declared and agreed by and between all and every the parties to these presents, that the conveyance or assurance hereby made to the use of the said (wife), in the event of her surviving the said (husband), shall, when the same shall take effect, be deemed and construed, and is meant and intended to be in pursuance, satisfaction and performance of the hereinbefore recited covenant, to the extent and amount of the money, personal estate, property and effects to which the said (husband) has already became possessed of or entitled unto in right of the said (wife) his wife since their said marriage, and in lieu of dower and thirds at common law to the same extent or amount, but not further or otherwise. AND the said (husband) for himself, his heirs, executors and administrators, doth hereby covenant, promise and agree, to and with the said (trustees), their heirs and assigns, that (1) he the (husband) and his heirs, all and every other person and persons, now or hereinafter having or lawfully claiming any estate, right, title, trust or interest of, in, to or out of the messuages, lands, hereditaments and premises hereby granted and released, or otherwise assured or intended so to be as aforesaid, or any part thereof, by from or under, or in trust for him, shall and will from time to time and at all times hereinafter, at the request of the said (trustees), their heirs or assigns, but at the costs and charges of him the said (husband) his heirs, executors or administrators, make, do, acknowledge, levy, suffer and execute, or cause or procure to be made, done, acknowledged, levied, suffered and executed, all and every such further and other lawful acts, deeds, things, fines, recoveries, conveyances and assurances in the law whatsoever, for the further, better, more perfectly, or satisfactorily granting, conveying, assuring and confirming Covenant by husband for further assurance. (1) As this provision will not be a bar of dower if the title be defec tive or encumbered, covenants for the title need not be inserted. |