SETTLED ESTATES OF COURT. 2. Recites will settling the two estates to be sold. PRECEDENT XV. &c., and G. H., of, &c. [mortgagees], of the second part, I. K., of, &c., spinster [tenant for life in possession], of SOLD BY ORDER the third part, L. M., of, &c., and N. M., his wife [tenant for life in remainder], of the fourth part, and O. P., of, &c. [purchaser], of the fifth part: WHEREAS R. S., late of, &c., deceased, being seised of the X. estate and the hereditaments comprised in the first schedule hereunder written and hereinafter expressed to be hereby granted, and which are situate in the parish of O., in the county of, for an estate in fee simple in possession, free from incumbrances, except the yearly rent-charge hereinafter mentioned; and being also seised in fee simple in possession, free from incumbrances, of the Y. estate and the hereditaments comprised in the second schedule hereunder written and hereinafter expressed to be hereby granted, and which are situate in the parish of P., in the said county of, made his will, dated, &c., and thereby devised all his messuages, lands, and hereditaments situate in (among other parishes) the said parishes of O. and P., to the use of the said I. K. and her assigns during her life; and from and after her decease the said testator devised all his messuages, lands, and hereditaments in the said parish of O. to the use of her first and other sons successively in tail, with remainder to the use of the said N. M. during her life, with remainder to the use of her first and other sons successively in tail, with divers remainders over; And from and after the decease of the said I. K., the said testator devised all his messuages, lands, and hereditaments in the said parish of P. to the use of T. W. during her life, with remainder to the use of deceased persons, notwithstanding the owners of the estate may be under disabilities. For the form of an order appointing a person to convey copyholds, under the Trustee Act, 1850, s. 28, see Re Hey's Will, 9 Hare, 221. The infant heir of one who has contracted to sell land is not a constructive trustee, within the meaning of the Acts, until he has been so declared by decree. Re Carpenter, Kay, 418; Re Propert, 22 L. J. (Ch.) 948. SETTLED ESTATES OF COURT. of the first and other sons successively of the said T. W. PRECEDENT XV. in tail, with remainder to the use of the daughters of the said T. W. as tenants in common in tail, with remainder SOLD BY ORDER to the use of the said N. M. during her life, with remainder to the use of the first and other sons successively of the said N. M. in tail, with divers remainders over (b). [Recites death of testator, supra, p. 200—Institution of a Chancery suit for administering his real and personal estate -Death of T. W. without having married-Proceedings in the suit, including a declaration that the specifically devised real estates must contribute ratably to the payment of testator's debts and the costs, and a reference to the Master to inquire what amount of debts and costs should be borne by each portion of the estates, and whether the amount should be raised by sale or mortgage-Master's report approving of the mortgages subsequently recited.] AND WHEREAS, by an order of the said Court, made on, 3. Order of Court directing &c., upon the hearing of a petition presented to the said the settled Court by the parties having the conduct of the said cause estates to be mortgaged for of and the said supplemental causes, and payment of which petition was entitled in the said causes, and in the debts. matter of the Act of Parliament passed in the first year of the reign of his late Majesty King William the Fourth, c. 60, and in the matter of the Acts of Parliament passed in the second and third years of the reign of her present Majesty, c. 60, and of the Act of Parliament passed in the eleventh and twelfth years of the reign of her present Majesty, c. 87, the said Master's last-mentioned report was confirmed, &c.; And it was ordered, that the said A. B. and C. D., and the said E. F. and G. H., should be at liberty to pay the said sums into the Bank, with the privity of the Accountant-General of the said Court; And upon such payments that the tenant and tenants for life of the premises proposed to be mortgaged, and all -V. (b) As to the extent to which such limitations should be recited, see ante, Vol. i., p. 50. The limitations in the text are recited up to the point at which it will subsequently be shown that the first tenant in tail (a son of N. M.) has come in esse, and no further. SETTLED ESTATES OF COURT. 4. Mortgages made under the order. PRECEDENT XV. other requisite and proper parties, should make and execute such conveyances and assurances thereof for mortgaging the same premises, as should be settled by the Master. [Recites payment into Court of £2800 by A. B. and C. D., and £1500 by E. F. and G. H.] AND WHEREAS, by an indenture dated the 25th day of August, 1851, and expressed to be made between the said I. K., of the first part, the said L. M. and N. M., of the second part, and the said A. B. and C. D., of the third part, in consideration of the said sum of £2800 paid by the said A. B. and C. D. as aforesaid, the said I. K., L. M., and N. M., according to and to the extent of their several and respective estates and interests in and for conveying and assuring the fee simple of the hereditaments thereby granted under the provisions of the said Acts of Parliament hereinbefore referred to, did grant, release, and convey the said X. estate, and the hereditaments comprised in the said first schedule hereunder written, with the appurtenances, to the use of the said A. B. and C. D., their heirs and assigns, free from the contingent and all other estates and remainders affecting the same under the said will of the said R. S., but subject to a proviso in the said indenture in recital contained for redemption of the same premises, on payment to the said A. B. and C. D., or the survivor of them, or the executors or administrators of such survivor, or their or his assigns, of the sum of £2800, with interest thereon in the meantime at the rate of £ per cent. per annum, on the 5. Birth of the first tenant in tail still an infant. 6. Order directing an inquiry as to the best mode of raising the costs out of the settled estates. day of [Recites similar mortgage of the Y. estate in the second schedule to E. F. and G. H. for £1500.] AND WHEREAS the said I. K. has never been married; AND WHEREAS V. M., the only son of the said N. M., was born on the and was shortly after his birth made a party to the said suit by a supplemental bill, and is now living; AND WHEREAS, by an order of the said Court made in the said causes on the day day of August, an inquiry was directed whether it would be most for the benefit of the person or persons entitled or who should become entitled to the real estates of the said testator remaining unsold, to raise the moneys which such PRECEDENT XV. estates respectively were, pursuant to the order of the 21st SETTLED ESTATES OF COURT. both estates. of March, 1850, liable to contribute and pay in respect of SOLD BY ORDER the costs of the said suit then remaining unpaid, by sale or mortgage of all or any and what part of such estates; and in case it should appear to be most for the benefit of the person or persons who was or were or should become entitled under the will of the said testator to the said testator's unsold real estate, to sell the same or any part thereof, then that such part or parts of such real estate as should be sufficient to raise the amount of the costs of the said suit remaining unpaid be sold, with the approbation of the judge to whose Court the said causes were attached; AND WHEREAS, by an agreement in writing, dated the 6th 7. Agreement for purchase of day of August, 1856, the said O. P. agreed to purchase, and the said I. K. agreed to sell, subject to the approval of the Master of the Rolls and the said L. M. and N. M., the hereditaments hereinafter expressed to be hereby granted, inclusive of the timber growing thereon, at the price of £6000; AND WHEREAS, by an order of the said 8. Order approv Court made in the said causes by his Honour the Master ing of purchase. of the Rolls, on the 9th day of August, 1856, it was ordered that the said contract should be carried into effect; AND WHEREAS, by an order of the said Court made on the 18th day of February, 1857, in the said causes, and in the matter of the Trustee Act, 1850 (c), and in the matter of the Act passed in the session of the fifteenth and sixteenth years of the reign of her present Majesty, intituled "An Act to amend the Provisions of the Trustee Act, 1850," the said O. P., by his solicitor accepting the title to the said hereditaments and premises comprised in the said contract, it was ordered that the said O. P. should pay out of his purchase-money of (c) The Trustee Act, 1850, has not repealed the statute 1 Will. 4, c. 47; But there is no advantage derivable from the statute to compensate for the increased costs of obtaining an order by petition instead of by an application at chambers. See further as to conveyances under the statute and Act respectively, infra, p. 265, n. (d). 9. Order em powering first tenant to convey the inheritance. PRECEDENT XV. £6000, on or before the money, day of --- unto the said A. B. and C. D. the sum of £2800, in discharge of the principal money due on the first hereinbefore recited mortgage security of the 25th day of August, 1851; and unto the said E. F. and G. H. the sum of £1500, in discharge of the principal money due on the secondly hereinbefore recited mortgage security of the same date; And that the said I. K. should pay to the said A. B. and C. D., and E. F. and G. H., all interest money due and to grow due to them respectively upon their said respective mortgage securities; and that the said N. O. should pay the sum of £1700, the residue of his said purchasemoney, into the Bank, to the credit of the said cause, on or before the day of, together with interest at the rate of £4 per cent. per annum on his said purchasefrom the 1st of November, 1856, to the times of such payments respectively; And the said Court did thereby declare that the several interests of the unborn issue of the said I. K. in the hereditaments mentioned in the said order of the 9th of August, 1856 (being the said hereditaments hereinafter expressed to be hereby granted), were respectively the interests of persons who on coming into existence would respectively be trustees of the same hereditaments, within the meaning of the Trustee Act, 1850; And that the said V. M., the first tenant in tail thereof in remainder upon the decease of the said I. K. and N. M. under the said will of the said testator R. S., was seised of the same hereditaments upon a trust within the meaning of the said Act; and it was thereby ordered, that, upon the several payments thereinbefore directed to be made by the said O. P. being made as aforesaid, the said I. K. should convey the said hereditaments to the said O. P., or as he should direct, for the several estates and interests of the said unborn issue of the said I. K., and for the estate and interest of the said V. M. therein; And that the said I. K., L. M., and N. M., and all other necessary parties, should respectively join and concur in such conveyance of the said hereditaments; and that the said hereditaments should be wholly discharged from the |