upon all and singular the said hereditaments and premises herein
before devised, or into any part thereof in the name of the whole,
to enter, and the same, with the appurtenances, to hold and enjoy,
and the rents, issues and profits thereof to receive and take, to and
for her and their own use and benefit, until she or they shall
thereby or therewith, or otherwise, be fully paid and satisfied
the said annual sum or yearly rent-charge of £
and the
arrears thereof due at such time of entry, or afterwards to grow
due during the time that she or they shall by virtue of such entry
or entries be in possession of the said hereditaments and premises,
together with all costs incurred by reason of the nonpayment
thereof; such possession, when taken, to be without impeachment
of waste;

WILLS.

No. XLIII. will, creating a Rent-charge for Testator's Widow for

Life, &c.

freehold estate

and subject to

rent-charge.

5. AND AS TO, FOR AND CONCERNING my said freehold lands, As to testator's hereditaments and premises hereinbefore devised, subject charged with the said annual sum or yearly rent-charge of £ and the remedies for the recovery and enforcing the payment of the same;

trustees of term

6. TO THE USE of (trustees of term), their executors, adminis- Limitation to trators and assigns, from henceforth for the term of 1,000 years, for 1,000 years. without impeachment of waste; upon the trusts, and for the ends, intents and purposes hereinafter expressed and declared; and after the expiration or sooner determination of the said term of 1,000 years, and in the meantime subject thereto, and the trusts thereof,

testator's eldest

7. TO THE USE of my eldest son (name), and his assigns during To the use of his life, without impeachment of waste; and after the determination of that estate by any means during his lifetime;

trustees to preserve

remainders.

8. TO THE USE of (two trustees to preserve contingent remainders), Limitation to and their heirs, during the life of my said eldest son (name), UPON TRUST to preserve the contingent remainders hereinafter limited, contingent but to permit my said son (name), and his assigns, during his life, to receive the rents and profits of the said hereditaments and premises, for his and their own use and benefit; and from and immediately after the decease of my said eldest son (name),

WILLS.

9. TO THE USE of the first and every other son of my said No. XLIII. eldest son (name), successively, according to their respective Will, creating a priorities of birth, and the heirs male of the body of every such Rent-charge son: and in default of such issue,

for Testator's

Widow for
Life, &c.

10. TO THE USE of my second, and every other subsequent son successively, according to the priority of his birth, during his life, without impeachment of waste; AND after the determination son in tail male. of the estate of each son by any means in his lifetime,

To the use of first and other sons of testator's eldest

To the use of testator's second and subsequently born sons for life.

Limitation to trustees to preserve contingent

remainders.

To the use of first and

other sons of

11. TO THE USE of the said (trustees to preserve, &c.), and their heirs, during the life of the same son, UPON TRUST to preserve the contingent remainders hereinafter limited; but to permit the same son and his assigns to receive the rents and profits of the said hereditaments and premises for his and their own use and benefit; AND from and immediately after the decease of each son respectively,

12. TO THE USE of the first and every other son successively of each of my second and subsequently born sons, according to the testator's second priority of their respective births, and the heirs male of the body successively in of such first and every other son; TO THE INTENT that the elder

and other sons

tail made.

To the use of

first and other

sons of

of my second and subsequently born sons, and his first and other sons in tail male as aforesaid, shall be preferred to and take before the younger of my said second and subsequently born sons, and their first and other sons in tail male; AND on failure or determination of the several estates hereinbefore limited,

13. TO THE USE of the first and every other son of my said eldest son (name) successively, according to their respective testator's eldest priorities of birth, and the heirs of the body of every such son; AND in default of such issue,

son in tail

general.

To the use

of first and

other daughters
of testator's
eldest son in
tail general.

To the use of first and other

14. TO THE USE of the first and every other daughter of my said eldest son (name) successively, according to their respective priorities of birth, and the heirs of the body of every such daughter; and in default of such issue,

15. TO THE USE of the first and every other son of

my second

WILLS.

Will, creating a
Rent-charge
for Testator's
Widow for
Life, &c.

and subsequently born sons successively, according to their respective priorities of birth, and the heirs of the bodies of such No. XLIII. first and other sons; TO THE INTENT that the elder of my second and subsequently born sons, and his first and other sons successively in tail general, shall be preferred to and take before the younger of my said second and subsequently born sons, and their first and other sons in tail general; AND on failure or termination of the several estates hereinbefore limited,

every

de- sons of

testator's second and other sons in tail general.

other daughter of

To the use of

my

first and other

16. TO THE USE of the first and said second and subsequently born sons successively, according to daughters of their respective priorities of birth, and the heirs of the body of such

testator's

subsequently born sons in

first and other daughter; TO THE INTENT that the first and every tail general. other daughter of the elder of my second and subsequently born sons in tail general as aforesaid, shall be preferred to and take before the first and other daughters of the younger of my said second and subsequently born sons; AND on failure or determination of the several estates hereinbefore limited,

testator's eldest

17. TO THE USE of my eldest daughter (name) and her assigns To the use of during the term of her natural life, without impeachment of waste; daughter for AND after the determination of that estate by any means in her lifetime,

life.

preserve

18. TO THE USE of the said (trustees) and their heirs during To trustees to the life of my said eldest daughter (name), UPON TRUST to contingent preserve the contingent remainders hereinafter limited, but to remainders. permit my said daughter and her assigns to receive the rents and profits of the said hereditaments and premises for her and their own proper use and benefit: AND from and immediately after the decease of my said eldest daughter (name),

the use of

first and every

19. TO THE USE of the first and every other son of my said To eldest daughter (name), successively, according to their respective other son of priorities of birth, and the heirs male of the body of every such son; daughter in tail

AND in default of such issue,

testator's eldest

male.

To the use of

20. TO THE USE of the first and every other son of my said her first and eldest daughter (name), successively, according to their respective tail general.

other sons in

WILLS.

No. XLIII.

Will, creating a
Rent-charge

Widow, for

priorities of birth, and the heirs of the body of every such son: AND in default of such issue,

21. TO THE USE of the first and every other daughter of my for Testator's said eldest daughter successively, according to their respective priorities of birth, and the heirs of the body of every such daughter; AND in default of such issue,

Life, &c.

To the use of

first and other daughters of testator's daughters in tail general. To the use of

testator's subsequently born daughters for life.

To trustees to preserve contingent remainders.

To the use of first and other sons of

subsequently born daughters in tail male.

To the use of

first and other sons of

subsequently

22. TO THE USE of my second and every other subsequent daughter successively, according to the priority of her birth, during her life, without impeachment of waste; and after the determination of the estate of each daughter by any means in her lifetime,

23. TO THE USE of the said (trustees) and their heirs, during the life of the same daughter, UPON TRUST to preserve the contingent remainders hereinafter limited; but to permit the same daughter and her assigns to receive the rents and profits of the said hereditaments and premises, for her and their own use and benefit; AND from and immediately after the decease of each daughter respectively,

24. TO THE USE of her first and every other son successively, according to their respective priorities of birth, and the heirs male of the body of such first and other sons; AND in default of such issue,

25. TO THE USE of the first and other son of such daughter born daughters successively, according to their respective priorities of birth, and in tail general. the heirs of the body of such first and other sons; AND in default of such issue,

To the use of first and other daughters of testator's subsequently

26. TO THE USE of her first and every other daughter succes sively, according to their respective priorities of birth, and the heirs of the body of such first and other daughters; TO THE INTENT that born daughters the estates so limited to the elder of my said second and other in tail general. daughters successively during their lives, and to her and their first and other sons successively in tail male, and to her and their first and other sons successively in tail general, shall be preferred and take effect before the estates limited to the younger of my said second and other daughters successively during their lives, and her and

WILLS.

eir first and other sons successively in tail male, and her and their
st and other sons successively in tail general, and her and their No. XLIII.
st and other daughters respectively in tail general; AND after
e determination or failure of the said several estates hereinbefore
nited,

27. TO THE USE of my own right heirs for ever.

Will, creating a
Rent-charge
for Testator's
Widow for
Life, &c.

Ultimate
limitation to

testator's right

heirs.

protectors.

28. AND, for the purpose of preventing the several estates Appointment of
reinbefore limited from being barred or destroyed, so long as
e rules of law will permit, I do hereby by this my will, in pur-
Lance of the power conferred by the act of Parliament in that
half, nominate and appoint (three persons' names) to be the
rotectors of the several estates tail hereinbefore limited, during
e continuance of the estate, or several estates for life antecedent
such estate, or several estates tail, and with all such discretionary
>wers, authorities and privileges as are annexed to the office of
rotector by the said act of Parliament.(c)

Substitution

(c) A protector is a creature of the Fines and Recovery Substitution Act (3 & 4 The office of
Till. 4, c. 74), previously to which he had no existence, but his office assimilates protector
ery much to that of the tenant to the præcipe under the pre-existing law, unknown prior
perating in like manner as a kind of check upon the too free alienation of settled to the Fine and
operty. There is in some respects, however, a difference in their qualifications. Recovery
he tenant to the præcipe must have been seised of the immediate estate of Act.
eehold (whether by right or by wrong was immaterial), upon which the estate
il was expectant, his very existence being dependent upon his estate in the
nds: (Lit. s. 519; 1 Shep. Touch. 42; Plow. 514; Pig. Com. Rec. 28; Doct.
Stu. 49; Athan v. Lord Anglesea, 1 Eq. Ca. Abr. 16.) The protector, there-
>re, is a kind of mixed character, sometimes deriving his origin from the estate,
hich he himself takes in the property, at others from a mere appointment of
he settlor without taking any estate or interest whatever; and that even to the
xclusion of persons, who but for such appointment, would, from taking a pre-
eding estate in the premises, have filled that character. So much indeed are
e protector's duties of a personal nature, that where he derives his office
rough the estate which he takes in the property, it will not determine, although
e alienates the very estate which constitutes him protector (sects. 22, 23.)
nd where the protectorship arises by means of a preceding estate, it is not
ecessary that, like the tenant to the præcipe under the old system, he should
e seised of an estate of freehold; for, by the provisions of the act, an estate for
ears determinable upon a life or lives will make him a protector (sect. 22); but
n absolute term of years, however long in point of duration, will not constitute
im such (sect. 22.) Neither will the estate which a party takes as tenant in
ower (sect. 29), heir, executor, administrator or assign, constitute him or her a
rotector (ib.) Nor will a lessee at a rent created or confirmed by a settlement
sect. 26), nor a bare trustee (sect. 27) (unless where under a settlement made
rior to the passing of the act he would have been made tenant to the præcipe),
s such, become a protector. But where there shall be more than one estate
VOL. II.
3 M