the day of and so that his powers of join trustees of portions years. turing and charging portions thereby given may remain in full force, And after the decease of the said A. TO THE To use of eldest son USE of the said H. and his assigns during his life without for life, impeachment of waste, And after the decease of the said To use of H. TO THE USE of the said B. C. and D. their executors administrators and assigns for the term of 1000 years to for 1000 commence from the death of the survivor of the said A. and H. without impeachment of waste, upon the trusts and with and subject to the powers provisions and declarations hereinafter declared and contained of and concerning the same; And subject as aforesaid To THE USE of the Remaining uses. first and every other son of the said H. &c. (see p. 192). AND IT IS HEREBY AGREED AND DECLARED that the said Trusts of term of manor hereditaments and premises are hereby limited to 1000 years. the said B. C. and D. their executors administrators and assigns for the term of 1000 years as aforesaid, Upon trust that if there shall be any child or children of the said H. whether by the said W. or by any after-taken wife (x), (other than an eldest or only son for the time being under the limitations hereinbefore contained entitled in possession or remainder to the first estate in tail male or in tail), who being a son or sons shall attain the age of twenty-one years or being a daughter or daughters shall attain that age or marry, then the said B. C. and D. or other the trustees or trustee for the time being of the said term shall after the death of the survivor of the said A. and H., or during their lives or the life of the survivor of them with their or his consent in writing, by and out of the rents and profits of the said hereditaments and premises, or by the sale of timber or minerals, or by mortgage of the same hereditaments and premises or any part thereof for all or any part of the said term, or by all or any of the means. (x) The settlement is sometimes framed so as to give the sum charged for portions to the younger children of the first marriage alone; and a provision is added enabling the husband in the event of his marry- for mainte nance. aforesaid or by any other reasonable means, raise the sum of £ for the portion or portions of such child or children (other than such eldest or only son as aforesaid), such portion or portions &c. (see p. 195, to the end of Provision the hotchpot clause). PROVIDED ALWAYS (y) and it is hereby agreed and declared that it shall be lawful for the trustees or trustee of the said term at any time or times after the death of the said H., but not during the life of the said A. unless with his consent in writing, by and out of the rents and profits of the said hereditaments and premises to raise such yearly sum or sums of money &c. Advance (provision for maintenance and education, see p. 201). ment. aforesaid to go according to settlement. PROVIDED ALWAYS and it is hereby agreed and declared that it shall be lawful for the trustees or trustee of the said term at any time or times after the death of the said A., but not during the life of the said H. unless with his consent in writing, to raise &c. (provision for advanceSubject as ment, see p. 202). AND IT IS HEREBY DECLARED. that rents &c. subject to the trusts hereinbefore declared the rents and profits of the said hereditaments and premises comprised in the said term of 1000 years shall be received by the person or persons for the time being entitled to the same, hereditaments and premises in reversion immediately expectant upon the same term. PROVIDED ALWAYS &c. (provision for releasing the hereditaments comprised in the term upon any sale exchange partition or mortgage, see Power to p. 203). PROVIDED ALWAYS and it is hereby agreed and declared that it shall be lawful for the said H. if he shall survive the said W. and marry again, and also for every person hereby made tenant for life of the said manor hereditaments and premises hereby settled, other than the said A., either before or after becoming entitled to the possession or to the receipt of the rents and profits thereof (but subject and without prejudice to the uses and estates and powers prior to the estate of the person for the time being exercising this power and to the uses or estates tenants for life to jointure wives. (y) See note to s. 43 of the Conveyancing Act, 1881, p. 289. tenants for and lease limited in exercise of such powers), at any time or times. by any deed or deeds with or without power of revocation or by will or codicil to appoint to any woman whom he may marry or have married &c. (power to jointure with provisions for limiting the number of jointures and their total amount, see pp. 193, 194). PROVIDED ALWAYS and it Power for is hereby agreed and declared &c. (power for tenants life to for life, "other than the said A. and H.," to charge the charge portions. settled estates with portions for their younger children, and to appoint terms, with provisions for releasing the hereditaments comprised therein and for limiting the total amount of the portions, see pp. 194-196. Appoint- Copyholds ment of copyholds and assignment of leaseholds upon holds. corresponding trusts and declaration as to trusts of capital moneys, as in Prec. XC. pp. 196, 197). AND IT IS AppointHEREBY LASTLY AGREED AND DECLARED that the said A. during his life and after his death the said II. or other trustees. the tenant for life for the time being under this settlement shall have the power of appointing new trustees of this settlement and that the said H. shall have the power of appointing new trustees of the said term of 1000 years, and the said B. C. and D. and all other trustees of this settlement shall be trustees thereof for the purposes of the Conveyancing Acts, 1881, 1882, and of the Settled Land Act, 1882, and for all other purposes (y). IN WITNESS &c. (y) See Conveyancing Act, 1881, s. 42, and Settled Land Act, 1882, s. 2, subs. 8, and notes thereto, ment of new Devise of freeholds. To use of nephew for life, To use of nephew's eldest son for life, To use of XCIII. WILL devising FREEHOLDS in STRICT SETTLEMENT, with name and arms clause. COPYHOLDS, LEASEHOLDS and HEIRLOOMS upon corresponding Trusts. THIS IS THE LAST WILL of me J. S. of &c. I DEVISE all my freehold messuages lands and hereditaments situate &c. and known as -- And all other freehold hereditaments of or to which I may at my death be seised or entitled or over which I may at my death have a general power of appointment or disposition by will (except such parts thereof as I may otherwise dispose of by this my will or by any codicil thereto), with their appurtenances, To THE USE of my nephew A. of &c. and his assigns during his life without impeachment of waste, And from and after his decease To THE USE of H. the eldest son of the said A. and his assigns during his life without impeachment of waste, And from and after his decease TO THE USE his sons in of the first and every other son of the said H. successively tail male, according to their respective seniorities in tail male, With To use of remainder To THE USE of J. the second son of the said A. nephew's and his assigns during his life without impeachment of for life, waste, And from and after his decease To THE USE of the To use of first and every other son of the said J. successively accordtail male, ing to their respective seniorities in tail male, With To use of remainder To THE USE of the third and every other son hereafter to be born of the said A. successively according to their respective seniorities in tail male, With remainder TO THE USE of the first and every other son of the said H. eldest son's successively according to their respective seniorities in tail, With remainder &c. (to the use of the daughters of H. in tail), With remainder To THE USE of the first and every other son of the said J. successively according to son's sons their respective seniorities in tail, With remainder &c. (to daughters the use of the daughters of J. in tail), With remainder in tail, TO THE USE of the third and every other son hereafter to nephew's be born of the said A. successively according to their respective seniorities in tail, With remainder &c. &c. second son his sons in nephew's future sons in tail male, To use of sons and daughters in tail, To use of second and To use of future sons in tail, testator's tenants in testator's life. arms (as desired), With remainder To THE USE of my own To use of PROVIDED ALWAYS that if any right heirs. right heirs for ever. person or persons hereby made tenant or tenants in Proviso for tail male and in tail by purchase of the hereditaments reducing hereby devised is or are now born or shall hereafter tail born in be born in my lifetime then the estates in tail male lifetime to and in tail respectively of such person or persons shall tenants for not take effect, and in lieu of such estate in tail male I devise the said hereditaments To the use of every such person during his life without impeachment of waste, And after his decease To the use of his first and other sons successively according to their respective seniorities. in tail male, And in lieu of such estate in tail I devise the said hereditaments To the use of his first and other sons successively according to their respective seniorities in tail, With remainder &c. (to the use of his daughters in tail). PROVIDED ALWAYS AND I HEREBY DECLARE Name and that every person who under the limitations of this my clause. will shall become entitled to the possession or to the receipt of the rents and profits of the hereditaments hereby devised as tenant for life or tenant in tail male or in tail by purchase and who shall not then bear the surname and arms of S. shall within twelve calendar months after he or she shall have become so entitled or if he or she shall then be under the age of twenty-one years then within twelve calendar months after attaining that age and if such person shall be a female and shall marry then that her husband also shall within twelve calendar months after she shall have become so entitled or after their marriage whichever shall last happen assume the surname and arms of S. and apply for a license for that purpose, And if the person so becoming entitled and in the case of a married woman her husband shall not comply with the direction lastly herein before contained or shall afterwards discontinue to use and bear the surname or arms of S. then the estate of such person under this my will shall cease and determine, And if the person whose estate shall so determine shall be a tenant for life the said hereditaments shall P |