« ForrigeFortsett »
hand; and after the decease of the survivor of them, at such time or times as to the trustees or trustee, for the time being, shall seem expedient, absolutely sell and dispose of, &c. (See first form in page 54.) And it is hereby agreed and declared, that the trustees or trustee, for the time being, of these presents, shall stand and be possessed of the clear moneys to arise or be produced by any sale or sales which shall be made in pursuance of the trusts hereinbefore contained, and of the rents and profits of the said hereditaments and premises, until the same shall be sold as aforesaid, after payment of all the costs, charges, and expenses which shall be occasioned by or incident to the execution of the trusts of these presents, upon and for such trusts, intents, and purposes, and subject to such powers, provisoes, declarations, and agreements, as are or shall be expressed concerning the same, in and by an indenture already prepared and engrossed, and bearing, or intended to bear, even date with these presents, and made, or intended to be made, between, &c. [Add power to trustees to give receipts, see p. 57, and (where it is not intended to sell the premises immediately) power to lease, and a power of changing trustees similar to the one given in the contemporaneous settlement, see p. 69.] In witness, &c.
Settlement before Marriage of real Estates upon the
Gentleman and Lady for their Lives, with remainder (subject to appointment by them) to their Children in tail.
This indenture, made, &c., between J. C. OI the first part; H. T. of the second part; and E. C. and H. B. of the third part. Whereas the said J. C. is seised or entitled in fee-simple of or to the messuage, farm lands, and hereditaments hereinafter described, and intended to be hereby granted and released; and whereas a marriage hath been agreed upon, and is intended to be shortly had and solemnized between the said J. C. and H. T., aud upon the treaty for the said intended
marriage, it was agreed that the said messuage, farm lands, and hereditaments, should be conveyed and assured to the said E. C. and H. B., and their heirs, to the several uses upon and for the several trusts, intents, and purposes hereinafter expressed and declared, of and concerning the same. Now, this indenture witnesseth, that, in pursuance of the said recited agreement in this behalf, and in consideration of the said intended marriage, and also in consideration of the sum of five shillings of lawful British money, by the said E. C. and H. B. to the said J. C. in hand now paid, the receipt whereof is hereby acknowledged, he, the said J. C., with the privity and consent of the said H. T., his said intended wife, testified by her executing these presents, hath granted, bargained, sold, released, and confirmed, and by these presents doth, &c., unto the said E. C. and H. B., (in their actual possession, &c., see p. 38,) and to their heirs, all, &c., together with all houses, &c., and the reversion, &c., and all the estate, &c., (see p. 41.) To have and to hold the said messuage, farm lands, and other hereditaments hereby granted and released, or intended so to be, with their appurtenances, unto the said E. C. and H. B., their heirs and assigns, to the use of the said J. C., his heirs ånd assigns, until the said intended marriage shall be had and solemnized, and from and after the solemnization thereof, to the use of the said J. C. and his assigns, for the term of his natural life, without impeachment of or for any manner of waste, and from, &c., [add limitation to E. C. and H. B. during the life of J. C. to support contingent remainders, see p. 50,] and immediately after the decease of the said J. Č., to the use of the said H. T. and her assigns for the term of her natural life, without impeachment of or for any manner of waste, as and for her jointure, and in lieu, bar, and fullsatisfaction of and for all dower and thirds at the common law, &c., [see ante, p. 639,] and from, &c., [add limitation to the same trustees during the life of H. T. to support contingent remainders, ante, p. 50,) and immediately after the decease
of the survivor of them, the said J. C. and H. T. his intended wife, to the use [of children, according to appointment of gentleman and lady, or survivor, see p. 53,) and in default of such direction, limitation, or appointment, and, in the meantime, subject thereto, and to such part or parts of the said messuage, farm lands, and hereditaments, whereof no such direction, limitation, or appointment shall be made, to the use (if it is intended to give the estate in default of appointment to the first and other sons in tail, with remainder to the daughters as tenants in common, the forms in p.51 will come in here ; but if it is intended that, in default of appointment, all the sons, or all the children, should take jointly in tail or otherwise, the form of limitation to the daughters may be used by substituting for daughters the word“ sons” or “children,” and his for her, &c.;] and in default of such issue, to the use of the said J. C., his heirs and assigns for ever, (if the property be the lady's, and it is intended that, in default of issue, it should return to her family, or be at her disposal, the limitation in default of issue should be to such uses as she may appoint, see p. 52, and in default of appointment to her in fee.] Provided always, &c. ČAdd power to lease, see p. 63; to sell or exchange, see p. 65 ; and lay out the moneys to arise thereby, p. 67 ; to give receipts, pp. 57,58; and power to appoint new trustees, p. 69; and proviso for indemnity of trustees, p. 77 ;' and covenants by gentleman with trustees for quiet enjoyment, and for further assurance, see pp. 87 and 88.] In witness, &c.
Trust in a Settlement of the Property of the Lady, for Gentleman, till Bankruptcy, Insolvency, or attempt to alienate. Upon trust, that they, the said (trustees,] or other
This proviso may be omitted, if brevity is desired, trustees being entitled to all proper indemnities in the absence of such a provision.
the trustees or trustee, for the time being, of these presents, shall and do pay unto, or permit and suffer the said A. B. to receive and take for his own use and benefit, [the interest, dividends, and annual produce of the said trust-moneys, stocks, and premises ; (or, in case of real estate,) the rents and profits of the said messuages, lands, and hereditaments,] during his life, or until he shall be found and duly declared a bankrupt, or shall take the benefit of any act or acts of Parliament now in force, or at any time hereafter to be made for the relief of insolvent debtors, or shall make, do, execute, permit, or suffer any act, deed, matter, or thing whatsoever, whereby, or by reason or means whereof, [the same interest, dividends, and annual produce, (or) the said messuages, lands, and hereditaments, or the rents and profits thereof,] or any part thereof, would or might, if hereby (vested in him, or] made payable to, or receivable by himself, be forfeited to, or become vested in, any other person or persons, or become subject to the debts of him, the said A. B., in any wise soever, and from and after the decease of the said A. B., or any such other earlier determination of the trust hereinbefore declared, for the benefit of the said A. B., as aforesaid. Upon trust, &c.
Trusts for renewal of Leaseholds, and the Payment
of Rent, and performance of Covenants. Upon trust, that they, the said (trustees,] or other the trustees or trustee, for the time being, of these presents, shall and do, from time to time, during the continuance of the trusts hereby created, by, with, and out of the improved yearly rents and profits of the said leasehold premises, hereby assigned, or intended so to be, pay and satisfy the yearly rent and rents, ["or a proportionate share of the yearly rent or rents,] which shall, for the time being, become
within brackets would be proper if the parties had not the entirety of the premises.
payable in respect of the same leasehold premises ; and do and shall perform and keep all and singular the covenants and agreements contained in the ori. ginal lease or leases to be obtained of the said leasehold premises, or any part thereof, and on the lessee's part to be performed and kept, and pay all charges and expenses attending the same; and also do and shall, in the next place, from time to time, during the continuance of the trusts hereby declared, when and as the same shall be necessary, or the trustee or trustees, for the time being, of these presents, shall deem it expedient or proper, but not otherwise, apply for and procure (or join and concur with the owners or proprietors for the time being, of any other part or share, parts or shares, of the said leasehold premises, in applying for and procuring] a new lease or new leases of the said leasehold premises, or such of them, or such part or parts thereof as are or shall be of a renewable nature, or which the said trustees or trustee for the time being shall, in their or his discretion, think advisable or proper to renew; and also shall and do make and execute [or join and concur with such owners or proprietors as aforesaid in making and executing] all such surrenders, acts, matters, and things, as shall be necessary or expedient for procuring such renewed lease or leases ; and do and shall, out of the improved yearly rents and profits of the said leasehold premises, or by mortgage thereof, levy and raise all such sums of money as shall, from time to time, be found necessary or proper for the payment and satisfaction of the fines, fees, and other charges for or attending the procuring such new lease or leases; and in case any money shall, at any time or times, be raised by mortgage, for the purpose of obtaining such new lease or leases as aforesaid, then shall and do thenceforth, until the principal money so to be raised by mortgage shall be paid off, or until some person or persons shall become entitled to the absolute property and interest of and in the said leasehold premises, under the trusts