ANDREVER AND OTHER PERSON SPECIAL POWERS OF INVEST MENT. purchased to personal applied as monies in lands. lands so pur chased. absolute, of which sixty years at least shall at the time of such or a mortpurchase remain unexpired, and to procure the same heredi- GAGE DEBT taments so to be purchased to be assured unto them the said SIONARY trustees or trustee for the time being under these presents: AND IT IS HEREBY AGREED AND DECLARED that the heredita- ALTY, WITH ments so to be purchased as aforesaid, shall be considered for all the purposes of this settlement as personal estate only, and that the annual rents and profits thereof respectively shall be applied by the trustees or trustee for the time being of these Lands to be presents, upon and for such trusts, intents and purposes, and be considered with, under and subject to such powers and provisions as are estate. hereby declared and contained concerning the annual income of Rents to be the monies, stocks, funds and securities which, or the produce income of of which, shall be invested in such purchases as aforesaid, or vested in such of the same trusts, powers and provisions as shall for the time being be subsisting and capable of effect: AND IT Trust to sell IS HEREBY FURTHER AGREED AND DECLARED that it shall be lawful for the said M. N. and O. P., and the survivor of them, and the executors and administrators of such survivor, their or his assigns, with such consent or at such discretion as aforesaid, from time to time to resell the hereditaments which may be so purchased as aforesaid, or any part thereof, by public auction or private contract, or partly by public auction and partly by private contract, and either altogether or in lots, and either with or without special stipulations as to title or otherwise as they or he shall deem it expedient, with liberty to buy in the same, or any part thereof, and to resell the same either by public auction or private contract, without any liability to answer for any loss or diminution in price; and the said trustees or trustee for the time being shall hold the monies to to go accordarise from such sales as aforesaid upon and for such trusts, of monies intents and purposes, and with, under and subject to such purchase of powers and provisions as are in and by these presents declared and expressed of and concerning the monies, stocks, funds and securities which, or the produce of which, shall have been originally invested in the purchase of the hereditaments and premises so to be sold as aforesaid, or such of the same trusts, powers and provisions as shall for the time being be subsisting and capable of effect: AND IT IS HEREBY AGREED AND DE- Power to CLARED that until the resale of any such hereditaments, to be Sale monies ing to trusts laid out in lands sold. trustees to lease the AND REVER SIONARY PERSON POWERS OF INVEST OF A MORT- purchased under the preceding power, it shall be lawful for GAGE DEBT the trustees or trustee for the time being of these presents, with such consent or at such discretion as aforesaid, to AND OTHER demise or lease all or any part of such hereditaments for any ALTY, WITH term of years, not exceeding twenty-one years, to take effect in SPECIAL possession and not in reversion or by way of future interest, at the best rent that can reasonably be obtained for the same, without taking any fine or premium or foregift, or anything in the nature thereof, so that the lessees be not made dispunishable for waste, and so that such leases respectively contain a condition of reentry on nonpayment of the rents thereby to be reserved. [Receipts of trustees to be sufficient discharges;-Power of changing trustees, and provision for their indemnity, supra, pp. 543, 544, 545]. IN WITNESS, &c. MENT. lands pur chased. SETTI EMENT OF REAL FSTATE WITH ALL USUAL PROVISIONS. No. CVI. SETTLEMENT of REAL ESTATE, with all the usual PROVISIONS: CONVEYANCE by the intended HusBAND of lands and hereditaments to TRUSTEES for Ninety-nine Years to secure PIN-MONEY for WIFE during joint lives of herself and her husband, and subject thereto to the use of HUSBAND for life, with REMAINDER to the use that WIFE may receive a JOINTURE RENT-CHARGE during her life; subject as aforesaid to TRUSTEES for Three Hundred Years to secure the RENT-CHARGE; subject as aforesaid to TRUSTEES for One Thousand Years to secure PORTIONS for younger CHILDREN; subject as aforesaid the LANDS and HEREDITAMENTS are limited to the use of the first and other SONS of the marriage successively in tail male. Trusts of the PIN-MONEY TERM; Trusts of the JOINTURE TERM; Trusts of the TERM to secure PORTIONS for younger CHILDREN. POWER of applying RENTS towards the maintenance of MINORS. Power to HUSBAND to charge the ESTATE with JOINTURE and PORTIONS in favour of a future day of SFITLE MENT OF ESTATE WITH ALL USUAL PRO VISIONS. BETWEEN Parties. for marriage. settle lands. THIS INDENTURE, made the A. B. of, &c. [intended husband], of the first part, C. D., of &c. [intended wife], of the second part, E. F., of &c., and G. H., of &c. [releasees], of the third part, L. M., of &c., and N. O., of &c. [trustees of the pin-money term], of the fourth part, P. Q. of &c., and R. S., of &c. [trustees of the jointure term], of the fifth part, and U. X. of, &c. and Y. Z. of, &c. [trustees of the term for raising portions], of the sixth part: WHEREAS a Agreement marriage hath been agreed on, and is intended to be shortly had and solemnized between the said A. B. and C. D.: AND Agreement by intended WHEREAS upon the treaty for the said intended marriage, it was husband to agreed that the said A. B. should convey, settle and assure certain estates of him the said A. B., in the county of, to the uses and upon and for the trusts, intents and purposes hereinafter expressed and contained, for the benefit of himself and the said C. D., his intended wife, and their issue. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration of the said intended marriage, he the said A. B. by these presents doth grant, convey Conveyance and confirm unto the said E. F. and G. H. and their heirs, ALL husband of parcels. AND SINGULAR [parcels], TOGETHER WITH all and singular, General houses, outhouses, edifices, buildings, barns, stables, coach- words, houses, cottages, dovecotes, yards, gardens, orchards, backsides, tofts, lands, meadows, pastures, heaths, moors, marshes, wastes, waste grounds, folds, fold courses and liberty of foldage, feedings, parks, warrens, commons, common of pasture, common of turbary, mines, minerals, quarries, mills, mulctures, customs, tolls, duties, furzes, trees, woods, underwoods, coppices and the ground and by intended manors. SETTI EMENT OF REAL ESTATE USUAL soil thereof, mounds, fences, hedges, ditches, freeboards, ways, waters, watercourses, fishings, fisheries, fowlings, courts-leet, courts-baron and other courts, perquisites and profits of court, WITH ALL view of frankpledge and all that to view of frankpledge doth PROVISIONS. belong, reliefs, heriots, fines, sums of money, amerciaments, goods and chattels of felons and fugitives, felons of themselves and outlawed persons, deodands, waifs, estrays, chief-rents, quit-rents, rents-charge, rents-seck, rents of assize, fee-farm rents, boons, services, royalties, jurisdictions, franchises, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances whatsoever to the said manor or lordship, messuages or tenements, farms, lands, hereditaments and premises hereby granted, or otherwise assured, or expressed or intended so to be, belonging or in anywise appertaining, or with the same or any of them respectively now or at any time or times heretofore demised, leased, held, used, occupied or enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, or member of them, or of any part of them, or belonging or incident thereunto, with their and every of their appurtenances; AND THE REVERSION and reversions, remainder and remainders, yearly and other rents, issues and profits of all and singular the manor or lordship, messuages or tenements, farms, lands, hereditaments and premises hereby granted, or And all the otherwise assured, or expressed and intended so to be: AND ALL THE ESTATE, right, title, interest, inheritance, use, trust, possession, property, claim and demand whatsoever, both at law and in equity, of him the said A. B., in, to, out of, or upon the same To hold to premises, and every part and parcel thereof: TO HAVE AND TO HOLD the said manor or lordship, messuages or tenements, farms, lands, hereditaments, and all and singular other the premises hereby granted or otherwise assured, or expressed and intended so to be, with their and every of their rights, members and appurtenances, unto the said E. F. and G. H., their heirs and assigns, To THE USES, upon and for the trusts, intents and purposes, and with, under and subject to the powers, provisoes, declarations and agreements hereinafter expressed and contained of and concerning the same (that is to say), To THE USE of the said A. B. and his heirs, until the solemnization of the said intended marriage, and from and after the solemniza estate. releasees. To use of intended husband until mar riage. SETTLE REAL ESTATE USUAL PRO VISIONS. After mår trustees of term. use of hus After his secure & his wife. tion thereof, TO THE USE of the said L. M. and N. O., their executors, administrators and assigns, for the term of ninety- MENT OF nine years, without impeachment of waste, upon and for the trusts, intents and purposes, and subject to the proviso herein- WITH ALL after expressed, of and concerning the same: AND FROM AND AFTER the expiration or sooner determination of the said term of ninety-nine years, and in the meantime subject thereto and to the riage to trusts thereof, TO THE USE of the said A. B. and his assigns, for pin-money and during his life, without impeachment of waste: AND FROM Subject to AND AFTER the decease of the said A. B., TO THE USE, intent and saidterm to purpose that the said C. D. (in case she survives the said A. B.) band for life. and her assigns, shall and may from and after his decease, receive decease to and take during her life for her jointure, and in lieu, bar and jointure to satisfaction of all dower to which at common law or by custom she might otherwise be entitled, from any lands or other hereditaments of or to which the said A. B. shall, during the joint lives of them the said A. B. and C. D., be seised or entitled for any estate of inheritance or any other estate to which dower or free bench is incident, one annual sum or yearly rent of £to be charged upon and yearly issuing and payable out of all and singular the said manor and other hereditaments hereby granted and conveyed, with their rights, members and appurtenances, and to be paid to her the said C. D. and her assigns, by four equal quarterly payments, on the day of and day of without making any deduction or abatement whatsoever out of the same or any part thereof, on account of any taxes, charges, rates, impositions or assessments whatsoever, either already taxed or otherwise howsoever; the first quarterly payment thereof to be made on such of the said days of payment as shall happen next after the decease of the said A. B.: AND TO AND FOR THIS FURTHER USE, intent and pur- Powers of pose, that in case and so often as the said annual sum of £or any part thereof, shall be unpaid for the space one days next after any of the days hereby appointed for the payment of the same, then and so often it shall be lawful for the said C. D. and her assigns, during her life, to enter into, and distrain for the same, and the costs and charges occasioned by the nonpayment thereof, upon the said manor and other here the day of the day of of twenty distress and entry to secure join ture. |