parties to these presents, that the faid J. Y. or her ANNUITY. trustees refpectively fhall not be intitled to receive any part of the faid yearly rent-charge of £.

till the hufbend

feffion of Tuch

agreed that the

hufband is let

num.

hereinbefore granted, until the faid X. Y. fhall be is let into poflet into the receipt of the income of the refiduum income. of the perfonal eftate of the faid teftor, J. Y. deceased, or of the lands to be purchased therewith, or of fuch part of fuch income as is hereinafter mentioned, Now this INDENTURE further WITNESSETH, that in confideration of all and fingular wife fhall not the premises, it is hereby provided, declared, and have the whole agreed by and between the faid parties to thefe annuity till the presents, that nothing herein contained fhall ex- into the receipt tend to intitle the faid J. Y. or her trustees refpec- of--- per autively to recover and receive the whole of the faid yearly rent of £. hereby granted, until the faid X. Y. fhall, by an order of the court of chancery, or otherwife be let into the receipt of the income of the refiduum of the perfonal eftate of the faid teftator, J. Y. deceased, or of the income of the estates to be purchased with fuch refiduum, or of fo much of fuch income as fhall produce the yearly fum of--, of lawful money of Great nor of any part Britain, nor to recover or receive any part of the the receipt of faid yearly rent-charge of £.. -, until the faid ---- per annum. X. Y. shall be so as aforefaid let into the receipt of fo much of the faid income as fhall produce the clear yearly fum of like lawful money; BUT THAT but when hufif the faid X. Y. fhall be let into the receipt of fo band in receipt much of the faid income as fhall produce the clear num, the wife yearly fum of then, when and fo foon as to have £.---the faid X. Y. fhall have received one year's in- of faid annuity come thereof, amounting to fuch fum of as aforefaid, the said . Y. or her trustees refpectively shall be intitled to recover and receive the faid clear yearly fum of, part of the faiḍ yearly rent-charge of £. hereby granted, together with all arrears which fhall have accrued in refpect of the faid yearly fum of

from

till he is let into

per an

per annum, part

off.

----.

1

when --- per

ANNUITY. the day of the date of these prefents. AND IF THE SAID X. Y. fhall be let into the receipt of fomuch of the faid income as fhall produce the clear yearly annum, then fum of that when and fo foon as the wife to have an faid X. Y. fhall have received one year's income making toge- thereof, amounting to fuch fum off.

addition of

ther

when L.

481

as aforefaid, the faid 7. Y. or her trustees respectively fhall be intitled to recover and receive the further clear yearly fum of, further part of the fame yearly rent-charge of £, together with all arrears which fhall have accrued in refpect of the faid last mentioned yearly fum of, from the day of the date of these presents. AND IF THE SAID X. Y. fhall be let into the receipt of so much per annum then of the faid income as fhall produce the yearly fum of then, when, and fo foon as the faid X. 7. fhall have received one year's income thereof, amounting to fuch fum of- ·; the faid J. Y. or her trustees refpectively fhall be intitled to recover and receive the further clear yearly fum of further part of the faid yearly rentcharge of hereby granted, together with £ all arrears which fhall have accrued in refpect of the last mentioned yearly fum of ——, from

the wife to have

num.

per an

the whole

£ per an

--

num.

;

the day of the date of these prefents. AND IF THE when then SAID X. Y. fhall be let into the receipt of fo much the wife to have of the faid income as fhall produce the clear yearly fum of then when and fo foon as the faid X. Y. fhall have received one year's income thereof, amounting to fuch yearly fum of the faid 7. r. or her trustees refpectively fhall be intitled to recover or receive the further yearly fum of, making in the whole the faid yearly rent-charge of hereby granted, to£.gether with all arrears which fhall have accrued in refpect of the faid laft mentioned yearly fum of from the day of the date of these presents. PROVIDED ALWAYS, that after the faid 7. Y. or apportioning her faid trustees fhall be intitled to recover and

Provifo for

receive the faid yearly fum of hereby granted, ANNUITY. or fome part thereof as aforefaid, the income of

any reduction

come ofthe huf

the faid refiduum of the perfonal eftate of the faid the annuiry to 7. Y. or of the executors, to be purchased there- that may take with, fhall, by reafon of any debt or charge now place in the inaffecting the faid refiduum be reduced by the fums band. of or per annum, then, and in fuch case, and when, and fo often as the fame fhall happen, the yearly fum of ——, for every reduction of £. per annum happening to the faid income of the faid refiduum of the eftates to be purchased therewith, when fuch income shall not exceed the yearly fum of, and all arrears thereon fhall be abated out of the faid annuity or yearly rent-charge hereby granted, and not be received by the faid 7. Y. or her said truftees refpectively, unless the income of the faid refiduum, or of the estates to be purchased therewith, fhall by any means afterwards be increased in the proportion it may have been reduced, any thing hereinbefore contained to the contrary thereof in any wife notwithstanding. AND LASTLY, the faid X. r. doth hereby covenant and agree with the Covenant faid M. C. and S. T. and their heirs, that if any if the lands should prove to meffuages, &c. that are now held or occupied be copyholds, with the freehold hereditaments hereinbefore de- to furrender the scribed under the rents aforefaid, fhall hereafter appear or be difcovered to be copyhold, then, and in fuch cafe he the faid X. Y. fhall and will, whenever thereto required, at his own cofts, furrender fuch copyhold premifes fo as to make the fame fubject and liable, together with the faid freehold hereditaments to the faid annuity or yearly rent-charge of £ hereby granted, as by the counsel of the faid 7. Y. her executors or adminiftrators shall be reasonably advised and required. In witnefs, &c.

fame to the faid

annuity.

OF

A LEASE.

A LEASE may be defined to be a grant or demife of land, or other hereditament, from one person to another, for a lefs period than that which the leffor has in the land demised, and is in the nature of a contract between the leffor and the leffee, for the poffeffion and profits on the one fide, and a recompenfe on the other. Shep. Touch. 267. 2 Blac. Com. 317.

The learning upon the fubject of leafes is much too diffufe to be comprifed, even in the abstract, within the compass of a prefatory effay of the nature of thofe defigned to be introduced in the prefent work. But as it will probably be expected that fome of the leading particulars should be given, I will endeavour to state very fhortly,

I. Who are capable in law of granting leafes.

II. How a leafe must be framed in order to its validity.

1. Who may grant Leafes.

It may be faid, in general, that all perfons feifed or poffeffed of lands or tenements, may grant leases of them for any period less than the duration of their respective (a) interefts. Thus, a tenant in fee fimple having an abfo- Tenants in tail. lute and unlimited intereft, may grant leafes without limitation or reftraint; and tenant in tail, (by ftat. 32 Hen. 8.) may grant leases of his eftate tail for three lives, or 21 years, to commence from the making, or some short time after, provided the lands, &c. leafed, have been usually letten to farm for 21 years past, and the accustomed yearly rent paid within that period be referved, the intent of the ftatute being, that the tenant in poffeffion shall not diminish the value of the eftate to the perfon entitled in reverfion. Anftr. 77.

Hufbands feifed of lands, &c. in right of their wives, Hufband. are, by the same statute of 32 Hen. 8. empowered to make leafes for any term not exceeding 21 years, or three lives in being, to commence from the time of making the lease. In fuch leafes it is, however, neceffary for the wife to join in the leafe; and the fame requifites must be ob ferved, and, for similar reasons, as in leafes made by tenant in tail (b). Co. Lit. 45 b.

Tenants for life, tenants by the curtefy, and tenants in Tenants for dower and in jointure, may alfo grant leafes of their life, &c.

(a) When it is faid that perfons may grant leases for any term less than their intereft, it is not meant that they are reftrained from granting their whole intereft, only in that cafe the conveyance loses the name of leafe, and affumes fome other denomination.

(6) But though the directions of the statute are not strictly complied with, the demise is not absolutely void, but only voidable by the entry of the remainder-man. Doug. 53.