WILL DEVISING IN STRICT WITH LIMITA- MALE AND TO SONS AND DAUGHTERS IN SUCCESSION. PRECEDENT XXII. said one year to take, use, and bear such surname and arms, or to take such steps as aforesaid, or shall at any time afterwards discontinue to use and bear such surname or arms, THEN and in every such case immediately after the expiration of the said one year, or immediately after such discontinuance as aforesaid, as the case may be, if the person who or whose husband shall so for the time being refuse, neglect, or discontinue as aforesaid shall be, (either by himself or herself or together with her husband) tenant for life, the limitation hereinbefore contained to the use of such person and his or her assigns during his or her life shall absolutely determine; and if the person who or whose husband shall so for the time being refuse, neglect, or discontinue as aforesaid shall be tenant in tail male or in tail, then the limitation under which such person shall be tenant in tail male or in tail shall absolutely determine, and in the said respective cases the said premises hereinbefore devised in strict settlement shall immediately go to the person or persons next in remainder under the limitations herein contained in the same manner as if such person being tenant for life were dead, or being tenant in tail male or in tail were dead and there were a general failure of issue inheritable under such limitation in tail male or in tail respectively. PROVIDED ALWAYS, and I hereby declare, that in the event of the determination under the proviso lastly hereinbefore contained of the estate herein before limited to any person who or whose husband shall refuse, neglect, or discontinue as aforesaid, and who shall be tenant for life, the said premises hereinbefore devised in strict settlement shall, from and after such determination, go and remain to the use of L. M. of &c., and N. O. of &c., their heirs and assigns, during the life of the person who or whose husband shall so refuse, neglect, or discontinue, upon trust thenceforth, during the life of such person, to pay the rents and profits of the said premises to or permit the 14. Limitation to trustees in event of life estate being forfeited in trust for remaindermen. WILL DEVISING IN STRICT WITH LIMITA- 15. Declaration as to the receipt and application of rents during minorities. same to be received by the person or persons for the time PRECEDENT XXII. being entitled under the limitations herein before contained, to the first vested estate in remainder expectant on the decease of such person as aforesaid (e). PROVIDED ALWAYS, and I hereby declare, that if any person who under this my will would (but for this proviso) be entitled to the possession or receipt of the rents and profits of the said premises hereinbefore devised as tenant for life or as tenant in tail male or in tail by purchase, shall, being a male, be under the age of twenty-one years, or, being a female, be under that age and not under coverture, the said L. M. and N. O., and the survivor of them, and the executors or administrators of such survivor, shall enter into the possession or the receipt of the rents and profits of the same premises; And shall, during the minority, or minority and discoverture (as the case may be) of such person, continue in such possession or receipt, and manage, &c. [Powers of management, ut supra, p. 397]. AND SHALL, during such minority, or minority and discoverture (as the case may be), by and out of the rents and profits, &c. [Trust for payment of expenses and outgoings, &c., and maintenance of minor and investment and accumulation of surplus rents, ut supra, pp. 397, 398]. AND SHALL stand possessed of the said rents and profits and the said original and accumulated stocks, funds, and securities, and the income thereof respectively upon the trusts following (that is to say), If the person during whose minority the said rents and profits shall have been (e) As to the name and arms clause, see supra, p. 395, note, and the references therein. The form in the text is adapted to the case of estates being limited to women, and of the limitations including estates in tail male and in tail. For the form where estates are limited to trustees for the separate use of women as equitable tenants for life, see Precedent XXIII., infra. As to the objection to enabling the husband to deprive the wife of the estate by refusal to assume her family name and arms, see ante, Vol. iii., p. 353, note. WILL DEVISING IN STRICT WITH LIMITA- MALE AND PRECEDENT XXII. accumulated as aforesaid, being a male, shall attain the age of twenty-one years, or being a female, shall attain that age or marry or have married under that age, then upon trust (unless the interest of such person shall have arisen and shall determine as next hereinafter mentioned) to pay, transfer, or assign the same to such person, his or her executors or administrators, as personal estate; But if such person, being a male, shall die under the age of twenty-one years, or, being a female, shall die under that age and without having been married, or if his or her interest in the said rents and profits shall have arisen under the clause herein before contained, providing for the destination of the said rents and profits after the forfeiture of a tenant for life, and during a vacancy or contingency of issue of such tenant for life, and shall determine previously to such person, being a male, attaining the age of twenty-one years, or, being a female, attaining that age or marrying, by such issue coming into existence, then from and after the decease of such person, or the birth of such issue as aforesaid, upon the trusts and with and subject to the powers, provisoes, and declarations hereinafter declared and contained of and concerning the monies to arise from a sale in pursuance of the power of sale hereinafter contained, and the stocks, funds, and securities in or upon which such monies are hereinafter authorised to be invested, and the income thereof respectively. PROVIDED NEVERTHELESS, that it shall be lawful for the said L. M. and N. O., and the survivor of them, and the executors or administrators of such survivor, at any time. or times during any such minority, or minority and discoverture (as the case may be) as aforesaid, to apply any part of the accumulations of such minority in such manner for the permanent improvement of the property, as they or he shall think fit (f). PROVIDED ALWAYS, and I 16. Power of leasing. (ƒ) As to the clause providing for the receipt and application of WILL DEVISING IN STRICT WITH LIMITA- hereby declare, that it shall be lawful for every person PRECEDENT XXII. hereby made tenant for life of the said premises hereinbefore devised in strict settlement, when he or she shall be entitled to the possession or the receipt of the rents and profits of the same premises, and also for the said L. M. and N. O., and the survivor of them, and the executors or administrators of such survivor, during the minority of any person who, under this my will, shall or if of full age would be entitled to the possession or the receipt of the rents and profits of the same premises by deed to appoint by way of lease all or any of the same premises for any term of years, &c. [power of leasing for twenty-one years, as at p. 52, supra, substituting "lease" for "demise." Proviso enabling allowance to be made for the value of a surrendered lease, p. 92] (g). PROVIDED ALWAYS, and I hereby declare, that it shall be lawful for the said L. M. and N. O., and the survivor of them, and the executors or administrators of such survivor, during the life of any person hereby made tenant for life who shall be entitled to the possession or the receipt of the rents and profits of the said premises hereinbefore devised in strict settlement, with his or her consent in writing, and also during the minority of any person who shall or if of full age would be entitled to the possession or the receipt of the rents and profits of the same premises as tenant for life or tenant in tail male or in tail by purchase under this my will, at the discretion of the said trustees or trustee for the time being, to sell, &c. [power of sale and exchange, with ancillary clauses, the rents during minorities, see supra, p. 399, note, and the references therein. The form in the text is adapted to the case of there being limitations in tail to daughters (as well as sons) in succession. For a shorter form, see supra, p. 401, note. (g) For other leasing powers, see the last Precedent and the notes thereto, pp. 413, et seq.; for a short general power by refer ence to the Settled Estates Act, see p. 420, note. 17. Power of change. sale and ex REAL ESTATE IN STRICT SETTLEMENT WITH LIMITATIONS IN TAIL PRECEDENT XXII. supra, pp. 425 et seq., the forms being adapted to the case WILL DEVISING of females as well as males taking estates by purchase, and to there being limitations in tail as well as in tail male (h). General devise and bequest of copyholds and leaseholds upon trusts corresponding to the uses of the freeholds, supra, pp. 434, et seq. General bequest of personal estate to L. M. and N. O., upon trust for conversion and payment of debts, legacies, and annuities, and for application of residue as monies arising under the power of sale, and remaining clauses, as in last Precedent, mutatis mutandis]. IN WITNESS, &c. MALE AND DAUGHTERS IN PRECEDENT WILL DEVISING IN STRICT TIONS TO DAUGHTERS AS TENANTS IN COMMON IN TAIL. (a). XXIII. WILL of REAL and PERSONAL ESTATE. GENERAL DEVISE of REAL ESTATE to TRUSTEES for one thousand years. LIMITATION of a RENT-CHARGE for LIFE, with powers of DISTRESS and ENTRY, and of another RENT-CHARGE to TRUSTEES during the life of a MARRIED WOMAN, with powers of DISTRESS and ENTRY by reference, in trust to pay it to her for her SEPARATE USE WITHOUT ANTICIPATION. LIMITATION to TRUSTEES for five hundred years, followed by a limitation for LIFE, remainder to the first and other SONS of the tenant for life in TAIL MALE, remainder to his first and other sONS in TAIL, remainder to his DAUGHTERS as TENANTS in COMMON in TAIL, with CROSS REMAINDERS in TAIL, remainder to the use that the above-mentioned annuitant may (h) For a short statutory power of sale and exchange, see supra, p. 433, note (ƒ). (a) See p. 387, note (a), supra. |