XXVI. WILL WITH TWO DISTINCT SETTLEMENTS ESTATES PRECEDENT XXVI. WILL of REAL and PERSONAL estate. DEVISE of certain REAL estate to the intent that WIFE may take Two RENTCHARGES during different periods with a proviso for CESSER of the second; SUBJECT thereto to trustees for a TERM of years in trust to raise PORTIONS for testator's YOUNGER CHILDREN; SUBJECT thereto to testator's issue male in STRICT SETTLEMENT. SHIFTING CLAUSE to take effect on a devisee succeeding to a certain title with a proviso for REVERTER on another event. DEVISE of an estate in REVERSION to testator's issue general in STRICT SETTLEMENT, including a limitation to his DAUGHTERS as TENANTS in COMMON in TAIL. TRUSTEES to PRESENT to LIVINGS during MINORITIES of devisees in possession. RESIDUARY PERSONALTY to be laid out in the PURCHASE of LANDS to be SETTLED, but actual investment not to be compulsory unless upon requisition of a person entitled. TRUSTEES may constitute HEIRLOOMS and allow the widow to use them during the minorities of devisees. APPOINTMENT of monies and funds in exercise of a POWER in the testator's marriage settlement among his CHILDREN other than the FIRST or ONLY SON with provisions for burdens on the inheritance, is prevented from being made by the tenant for life and the tenant in tail when it would in ordinary practice be made, that is, on the majority or marriage of the tenant in tail, the probable consequence will be afterwards, and when there is no one to check his dealings with the estate, to admit the tenant in tail to unrestricted ownership, so that, in the result, the consecutive chain of settlement, by which the stability of families is preserved, is exposed to more risk when a protector is specially appointed than when the protectorship is left to the ordinary operation of law. £ ADVANCEMENT and MAINTENANCE by REFERENCE to PRECEDENT XXVI. the Settlement. WILL WITH TWO DISTINCT SETTLEMENTS OF DIFFERENT ESTATES AND VARIOUS estate in certain 2. to the use testator's mother 3. and after herself and may receive I, A. B., of &c., hereby revoke, &c. [supra, p. 26. Bequest to testator's wife of chattels in mansion-house, supra, p. 376, and of an immediate legacy. General SPECIAL CLAUSES. devise of freehold estate in certain parishes and town- 1. General ships, see supra, p. 448]. To THE USE and intent that devise of real my said wife C. B., and her assigns, may during the joint places; lives of herself and my mother M. B., receive the yearly that testator's rentcharge of £; AND TO THE FURTHER USE and wife during the joint lives of intent, that in case my said wife shall survive my said herself and mother, she my said wife and her assigns, may after the may receive a death of my said mother during the joint lives of herself rentcharge ; and my brother O. B., receive the yearly rentcharge of wards during the same rentcharges of £ and £- to be joint lives of respectively charged upon the said hereditaments and testator's brother premises lastly hereinbefore devised, and to be payable another rentwithout any deduction except legacy duty and income- charge. tax (a) by equal half-yearly payments, on the twentyfourth day of June, and the twenty-fifth day of December in every year, the first half-yearly payment of the said first-mentioned rentcharge of £ to be made on such of the said days of payment as shall happen next after my decease, and the first half-yearly payment of the said secondly hereinbefore mentioned rentcharge of £-to be made on such of the said half-yearly days of payment as shall happen next after the decease of my said mother, or next after my decease if my said mother shall die in my lifetime, and as to each such rentcharge the first payment to be an apportioned payment corresponding to the interval which shall have elapsed from the event on which the same is respectively to commence as aforesaid; AND TO THE FURTHER use and intent, &c. [powers of distress and entry to the testator's wife and her assigns for the (a) See as to these words, supra, p. 402, note (k). WILL WITH TWO DISTINCT SETTLEMENTS OF DIFFERENT ESTATES 4. Power to wife to appoint a term for further securing the rentcharges. 5. Proviso for cesser in certain events of the second rentcharge. £ it PRECEDENT XXVI. recovery of "the said annual rentcharge of £— or as the case may be," supra, pp. 458, 459, mutatis mutandis.] AND TO THE FURTHER USE and intent, that may be lawful for my said wife, or her executors or administrators within one year after her death, if she or they shall so think fit, to appoint all or any part of the said hereditaments and premises so as aforesaid charged with the payment of the said yearly rentcharges of £-- and £to any person or persons for any term of years, upon and for such trusts and purposes as she or they shall think proper for further securing the payment of or raising the said rentcharges or either of them and the arrears thereof, and all costs and expenses in relation thereto, and any such term may be without impeachment of waste (b); PROVIDED ALWAYS, and I hereby declare, that if the said O. B. shall have issue male living at the death of my said mother, or afterwards to be born during the life of my said wife, then and in such case the said rentcharge of £ shall from time to time during so long as any issue male of my said brother shall be living, absolutely sink for the benefit of the person or persons who for the time being under this my will shall be entitled to the possession or the receipt of the rents and profits of the said hereditaments and premises lastly herein before devised, and so toties quoties whenever for the time being there shall be issue male of my said brother in existence during the joint lives of my said brother and wife. AND I DECLARE, that subject and charged as hereinbefore is mentioned, the said hereditaments and premises hereinbefore devised shall remain and be To THE USE of E. F. of &c., and G. H. of &c., their executors, administrators, and assigns, for the term of nine hundred years, to commence from my decease, without impeachment of waste, upon the trusts, and with and subject to the 6. Limitation of the devised estates (subject to the rentcharges) to trustees for 900 years; (b) As to this form, see ante, Vol. iii., Settlements, p. 319. PRECEDENT XXVI. WILL WITH TWO DISTINCT SETTLEMENTS OF DIFFERENT ESTATES WITH VARIOUS SPECIAL CLAUSES. 7. and sub issue male in powers, provisoes, and declarations hereinafter declared and expressed concerning the same; And from and after the expiration or determination of the same term and in the meantime subject thereto, and to the trusts thereof, TO THE USE of &c. [Limitation to the testator's eldest son for life, remainder to his first and other sons successively in tail male. Similar limitations to the testator's ject thereto to second son and to his sons, see supra pp. 387, et seq. Re- the testator's mainder to the testator's after-born sons successively for life with remainder to their sons successively in tail male, see p. 519;] AND AFTER the failure or determination of and subject to the uses and estates herein before limited, TO THE USE of my own right heirs for ever. I HEREBY DECLARE, that the said hereditaments and pre- 900 years; mises are herein before limited to the said E. F. and G. H. their executors, administrators, and assigns, for the said strict settle ment. AND 8. Trusts of the term of dren of the testator; term of nine hundred years, UPON TRUST, that if there 9. to raise portions for the shall be any child or children of mine living at the time of younger chilmy decease, or born in due time afterwards (other than the first or only son, or any other son or sons who before his or their respectively attaining the age of twenty-one years shall become entitled under this my will to the said hereditaments and premises herein before devised in strict settlement for the first estate of freehold in remainder immediately expectant on the said term of nine hundred years) who being a son or sons attain the age of twenty-one years, or being a daughter or daughters attain that age or marry, then the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, shall by mortgage of the said hereditaments and premises or any of them for all or any part of the same term, or by the sale of timber or minerals, or by and out of the rents and profits of the same hereditaments and premises, or any of them, or by all or any of the ways and means aforesaid, or by any other reasonable ways or means, raise for the portion or portions of such child or children of mine as WILL WITH TWO DISTINCT SETTLEMENTS OF DIFFERENT ESTATES AND VARIOUS SPECIAL CLAUSES. 10. -varying according to the number of such children. PRECEDENT XXVI. aforesaid (other than a first or only or other son or sons so entitled as aforesaid) such sum of money as is hereinafter mentioned (that is to say), IF THERE SHALL be but one such child (other than as aforesaid) the sum of £— to be paid to such child, being a son, at his age of twentyone years, or being a daughter at her age of twenty-one years or day of marriage, which shall first happen or have happened if the same shall happen after my decease, but of the same shall have happened in my lifetime, then to be paid immediately after my decease; AND IF there shall be but two such children (other than as aforesaid) the sum of £ AND IF there shall be but three such, children (other than as aforesaid) the sum of £—. AND IF there shall be four or more such children (other than as aforesaid) the sum of £, THE SAID sum of £, £, or £ Lor £, as the event may happen, to be divided between the children for whose portions the same shall be raised as aforesaid, in equal shares, to be paid to them respectively, being a son or sons, at his or their age or respective ages of twenty-one years, or being a daughter or daughters at her or their age or respective ages of twenty-one years, or day or respective days of marriage, which shall first happen or have happened, if the same respectively shall happen after my decease, but if the same respectively shall have happened in my lifetime then to be paid immediately after my decease (c); AND UPON FURTHER TRUST that the said trustees or trustee for the time being shall by and out of the rents and 11. Maintenance clause. As to trusts for raising por tions. (c) As to the general subject of trusts for raising portions, see ante, Vol. iii., Settlements, pp. 405–458. As to the frame of the clause defining the class of children to take, and the amount of the portions according to the number of the children, see Vol. iii., pp. 406-410; as to the construction of parental provisions for younger children, see pp. 411-445; and as to the mode and costs of raising portions and the interest on portions, see Vol. iii., pp. 446-452. |