CONVEYANCE TO SECURE see that such provision is of the nature and value herein before UNDER POWER AND CHARGE Parties. No. XXX. SETTLEMENT upon MARRIAGE of tenant for life in possession in exercise of a PowER of JOINTURING and CHARGING with PORTIONS for younger Children. POWER to HUSBAND if he MARRIES AGAIN to admit CHILDREN of SUBSEQUENT MARRIAGE to SHARE in SUM provided for PORTIONS. THIS INDENTURE, made the day of BETWEEN A. B., of, &c. (intended husband), of the first part, C. D., of, &c. (intended wife), of the second part, and E. F., of, &c., and G. H., of, &c. (trustees), of the third part (Recite settlement under which intended husband has a power to charge the settled estates with a jointure in favour of wife, and with portions for younger been sold, and children): AND WHEREAS some of the hereditaments comprised Recital of settlement, and that some of the settled lands have other lands purchased. Recital of intended marriage. Agreement to exercise powers. in the said indenture of settlement have been sold under a power of sale therein contained, and other hereditaments have been purchased with the proceeds of such sale and have been settled to the uses of the said indenture: AND WHEREAS a marriage is intended shortly to be solemnized between the said A. B. and the said C. D.: AND WHEREAS upon the treaty for the said intended marriage it was agreed that the said A. B. TO JOINTURE should exercise, in the manner hereinafter expressed, the powers UNDER POWER of jointuring and charging with portions so as aforesaid vested in him by the said indenture of settlement: NOW THIS INDENTURE, made in consideration of the said intended mar- Witnessing riage, WITNESSETH as follows: PORTIONS. part. wife. 1. THE said A. B., as settlor, in exercise of the power for this Husband appoints purpose given to him by the said indenture of settlement as jointure to aforesaid, and of all other powers (if any) him hereunto enabling, hereby appoints that the said C. D., if she shall survive the said A. B., shall receive during her life a yearly rent-charge of £for her jointure, to be issuing out of all the hereditaments now subject to the uses of the said indenture of settlement (hereinafter called "the settled hereditaments") (a), and to be paid by equal half-yearly payments, the first payment thereof to be made at the expiration of six calendar months after the death of the said A. B. children. 2. THE said A. B., as settlor, in exercise of the power for this Husband charges with purpose given to him by the said indenture of settlement as portions for aforesaid, and of all other powers (if any) him hereunto enabling, younger hereby appoints that the settled hereditaments shall be charged, &c. (charge of £15,000 for portions for younger children to be divided, &c., with proviso for reducing amount charged in the event of there being only one, two, or three younger children, as in Precedent No. XXVI., Art. 2, suprà, pp. 347, 348, substituting the words "the said indenture of settlement" for "these presents," and the words "the settled hereditaments" for "the hereditaments hereby settled "). ditaments to 3. THE said A. B., as settlor, in exercise of the power for this Husband appoints purpose given to him by the said indenture of settlement and settled hereof all other powers (if any) him hereunto enabling, hereby ap- trustees for points the settled hereditaments (b) unto the said E. F. and term. G. H. (hereinafter called "the trustees of these presents "), for the term of 1,000 years computed from the decease of the said A. B. without impeachment of waste: UPON TRUST, &c. (to raise (a) If a part only of the settled hereditaments is charged, substitute "the hereditaments described in the schedule hereto, being part of the hereditaments subject to the uses of the said indenture." (b) Or, "the hereditaments described in the schedule hereto." UNDER POWER portions, and costs and expenses, and also to raise interest on un TO JOINTURE WITH AND CHARGE paid portions and annual sums for maintenance, and to permit rents to be received by reversioner as in Precedent No. XXVI., Article 3, suprà, p. 349). PORTIONS. Power to husband to appoint that children of a subsequent share in sum provided for portions. But in such case the children of a subsequent to take a 4. (Power of advancement, suprà, p. 350.) 5. Ir the said A. B. shall marry again it shall be lawful for him by any deed or deeds or by his will to appoint and declare that his children by any such subsequent marriage or marriages marriage shall (being daughters or younger sons) shall share in the sum hereby provided for portions: AND in such case the foregoing provisions shall take effect in all respects as if the children of such subsequent marriage or marriages had been children of the now intended marriage: PROVIDED ALWAYS that the part of the sum hereby provided for portions to which the issue of a subsequent marriage not marriage or marriages shall become entitled under any appointment to be made by the said A. B. pursuant to the power in that behalf given to him by Article 2 as extended by this Article or otherwise, shall not bear a greater proportion to that part of the same sum which the issue of the now intended marriage shall take between them than the number of children of such subsequent marriage or marriages who being younger sons shall attain the age of twenty-one years, or being daughters shall attain that age or marry, shall bear to the number of children of the now intended marriage, who being younger sons shall attain the age of twenty-one years, or being daughters shall attain that age or marry (c). larger proportion than children of intended marriage. Settlement to be void if marriage not within twelve months. 6. THESE presents shall be void if the said intended marriage is not solemnized within twelve calendar months from the date hereof. IN WITNESS, &c. (c) The power in the text to admit children of a future marriage to participate in the sum provided for portions may reasonably be required on the part of the husband where he has no other means of making a provision for such children. No. XXXI. TO JOINTURE SETTLEMENT on MARRIAGE by a TENANT for LIFE in UNDER POWERS PORTIONS. BY SON. recitals. THIS INDENTURE, &c. (Parties as in last Precedent. Recite Parties and Settlement under which W. B., father of A. B., is tenant for life in possession with remainder to A. B. for life, with remainder to sons of A. B. successively in tail-male, and with power to A. B. to jointure a wife and charge with portions for younger children. Recite also that marriage is intended, and agreement to exercise powers as in last Precedent.) NOW THIS INDENTURE, made in consideration of the said intended marriage, WITNESSETH as follows: with usual 1. THE said A. B., as settlor, in exercise of the power for Appointment of jointure to this purpose given to him by the said indenture of settle- intended wife ment and of all other powers (if any) him hereunto enabling, powers. hereby appoints that if the said C. D. shall survive the said A. B., she the said C. D. shall from and after the death of the said A. B. receive for her jointure the yearly rent-charge next hereinafter mentioned (that is to say): Ir the said W. B. shall survive the said A. B. then during the joint lives of the said W. B. and C. D. a yearly rent-charge of £: AND if the said W. B. shall die in the lifetime of the said A. B., or having survived the said A. B. shall die in the lifetime of the said C. D., then from and after the decease of the survivor of the said W. B. and A. B. a yearly rent-charge of £, the said yearly rentcharge payable for the time being as aforesaid to be issuing out of the hereditaments described in the schedule hereto, and to be paid by equal half-yearly payments, the first thereof to be made at the expiration of six calendar months after the commencement of the said rent-charge. portions for 2. THE said A. B., as settlor, in exercise of, &c. (as before), Husband hereby appoints that, subject to the yearly rent-charge herein- charges with before limited to the said C. D., the hereditaments described in younger the schedule hereto shall be charged with the sum of £15,000 children. TO JOINTURE AND CHARGE WITH PORTIONS BY SON. UNDER POWERS (reducible as hereinafter is mentioned) for the portions of the children of the said marriage, who being younger sons shall attain the age of twenty-one years, or being daughters shall attain that age or marry, and for this purpose the expression "younger sons" shall be deemed to mean and include every son not being at his birth or becoming during his minority an eldest or only son entitled for the time being under these presents to the hereditaments settled by the said indenture of settlement for an estate in tail-male in possession or in remainder immediately expectant on the decease of the survivor of the said W. B. and A. B. AND the sum of money charged as aforesaid shall be divided, &c. (as in Precedent No. XXVI., suprà, p. 347, down to the directions as to time of payment), the portion of each child who attains a vested interest after the death of the survivor of the said W. B. and A. B. to be payable to him or her upon the vesting thereof, and the portion of every child who attains a vested interest therein during the lives of the said W. B. and A. B. or the life of the survivor of them to be payable to him or her upon the death of such survivor. (Hotchpot clause and proviso for reducing amount charged if there are only one, two, or three younger children, suprà, p. 348.) Time of payment of portions. Appointment to trustees for a term. Maintenance clause. Advancement clause. 3. THE said A. B., as settlor, in exercise, &c. (as before), hereby appoints the hereditaments described in the schedule hereto unto the said E. F. and G. H. (hereinafter called "the trustees of these presents"), for the term of 1,000 years, computed from the decease of the survivor of the said W. B. and A. B. without impeachment of waste, UPON TRUST, &c. (to raise portions and interest on unpaid portions, as in Precedent No. XXVI., suprà, p. 349); And upon further TRUST that if at the decease of the survivor of the said W. B. and A. B., any child entitled in expectancy to a portion, &c. (trust to raise annual sums for maintenance of infant younger children, and to permit rents to be received by reversioner, suprà, p. 349). 4. (Advancement clause as in Precedent No. XXVI., suprà, p. 350, adding the following proviso at the end): PROVIDED ALWAYS that no money shall be raised under this power during the life of the said W. B. without his consent in writing. IN WITNESS, &c. THE SCHEDULE ABOVE REFERRED TO. |