PRECEDENT SETTLEMENT. -appointment to uses. 10. Witnesseth, :econdly: -grant, -parcels. with the consent of the said C. D. (the receipt of which said sum of £593 the said A. B. doth hereby acknowTO USES OF A ledge, and the payment whereof with his consent the said C. D. doth hereby admit), he the said A. B., with the consent of the said C. D. (testified as aforesaid), and in exercise of a power contained in an indenture dated, &c., and of every other power enabling him in this behalf, doth hereby appoint that the hereditaments hereinafter expressed to be hereby granted, with the appurtenances as hereinafter mentioned, shall henceforth go and remain to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, declarations, and agreements hereinafter limited and declared or referred to: AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreement, and for the considerations aforesaid, he the said A. B., with the consent of the said C. D. (testified as hereinbefore is mentioned), doth hereby grant unto the said E. F. and G. H., and their heirs [Parcels, supra, pp. 210, 213, 215, or 219-General Words, supra, p. 208]: 11. Habendum. TO HAVE AND TO HOLD all the said premises hereinbefore expressed to be hereby granted Unto the said E. F. and G. H. and their heirs, To the uses, upon and for the trusts, intents, and purposes hereinafter limited and declared or referred to: AND IT IS HEREBY agreed and declared, that the appointment and the grant herein before contained shall respectively operate and enure, and that the said premises hereinbefore expressed to be hereby appointed and granted shall go and remain to such of the uses upon and for such of the trusts, intents, and purposes, and with, under, and subject to such of the powers, provisoes, declarations, and agreements, in and by the said indenture of the 6th day of February, 1837, limited, expressed, declared, and contained of and concerning the said manors, messuages, and other hereditaments therein comprised, as are now sub. sisting or capable of taking effect: AND THE SAID A. B. doth hereby for himself, his heirs, executors, and admiof a settlement; nistrators, covenant with the said E. F. and G. H. and 12. Declaration of uses by reference to settle ment. Covenants for title in a con veyance to uses PRECEDENT SETTLEMENT. -for right to convey; their heirs (e), that, notwithstanding anything by him the said A. B. done, omitted, or knowingly suffered, he now hath power to appoint and to grant all the said premises TO USES hereinbefore expressed to be hereby appointed and granted to the uses hereinbefore declared: AND THAT the same premises shall at all times remain and be to the uses quiet enjoy. hereinbefore declared, and be quietly entered into and ment; upon, and held and enjoyed, and the rents and profits. thereof received, by the said E. F. and G. H., their heirs and assigns, accordingly, without any interruption or disturbance by him the said A. B., or any person claiming ance. through or in trust for him: AND THAT free and dis- free from incumbrances; charged from or otherwise by him the said A. B., his heirs, executors, or administrators, sufficiently indemnifies against all estates, incumbrances, claims, and demands created, occasioned, or made by the said A. B., or any person claiming through or in trust for him: AND FUR- -further assurTHER, that he the said A. B., and every person having or claiming any estate or interest in the said premises through or in trust for him, will at all times, at the cost of the person or persons for the time being seised of or interested in the said premises under the uses hereinbefore limited, their heirs or assigns, execute and do every such assurance and thing for the further, better, or more perfectly assuring all or any of the said premises to the uses herein before declared, as by the said E. F. and G. H., or other the person or persons aforesaid, or their respective heirs or assigns, shall be reasonably required. IN WITNESS, &c. (e) The covenants are properly entered into with E. F. and G. II., as the grantees to uses; the covenants will thus run with the land, for the benefit of all the persons who take under the limitations of the settlement, if the appointment should happen to be inoperative. See ante, p. 235, note (k). PRECEDENT TO USES OF A 1. Parties. XXV. CONVEYANCE to the USES of a WILL of FREEHOLDS purchased by the Trustees (a). THIS INDENTURE, made, &c., between A. B., of, &c. [mortgagee], of the first part; C. D., of, &c. [mortgagor and vendor], of the second part; E. F., of, &c. [tenant for life in possession of settled estates], of the third part; and G. H., of, &c., and I. K., of, &c. [trustees of the 2. Recites will; will], of the fourth part: WHEREAS L. M., late of, &c., deceased, duly made and executed his last will and testament, dated, &c., and thereby devised his mansion-house of, &c., and his manors of, &c., in the county of ——, and all his messuages, farms, tenements, and hereditaments in the same county, unto N. O. and P. Q. and their heirs, to certain uses, upon certain trusts, and with and subject to certain powers, provisoes, and declarations therein. declared and contained, under which the said E. F. is now entitled, during his life, to the possession thereof; And the said testator, among other things, thereby empowered the said N. O. and P. Q., and the survivor of them, or other the trustees or trustee for the time being of the said will, during the life of any person thereby made tenant for life who should under the said will be for the time being entitled to the possession or to the receipt of the rents and profits of the said premises thereinbefore devised as aforesaid, with his consent in writing if he should be of full age, to sell all or any of the said premises thereinbefore devised as aforesaid; And he thereby declared that the said N. O. and P. Q., or the survivor of them, or the executors or administrators of such (a) See Precedent XXV., supra, p. 304, and the notes there given PRECEDENT TO USES OF A WILI.. survivor, or other the trustees or trustee aforesaid, should receive all moneys which should become payable on any such sale, and with all convenient speed invest the same in the purchase of other manors, messuages, lands, tenements, and hereditaments in England or Wales, for an estate in fee simple, or of such other tenure as therein mentioned, convenient to be held therewith, or with any hereditaments for the time being subject to the subsisting uses or trusts of his said will; yet so as that during the life of any person thereby made tenant for life, who should for the time being be entitled as aforesaid, and should be of full age, every such purchase be made with his consent in writing; And the said testator thereby declared that the said N. O. and P. Q., and the survivor of them, and the heirs, executors, or administrators of such survivor, should settle and assure all such of the manors, lands, or hereditaments so to be purchased as should be freeholds, to the uses, upon the trusts, and with and subject to the powers, provisoes, and declarations in and by his said will limited, expressed, and declared of and concerning the said premises thereinbefore devised, or as near thereto as the deaths of parties and other intervening accidents would admit of, but not so as to increase or multiply charges or powers of charging; And the said testator thereby gave and bequeathed, &c. [General bequest of personal estate to same trustees in trust for conversion into money, payment of funeral and testamentary expenses, debts, and legacies, residue to be held on trusts of sale moneys-see ante, Vol. I., p. 394 ;-Death of testator and probate of his will, supra, p. 246, ante, Vol. I., p. 185] AND WHEREAS the said N. O. died on, &c.; AND 3.—death of a WHEREAS by an indenture dated, &c., and expressed to be made between [parties], the said E. F., in exercise of a power contained in the said will, appointed the said G. H. to be a trustee of the said will in the place of the said N. O., and the said I. K. to be a trustee of the same will in the place of the said P. Q., who desired to be discharged from the trusts thereof; [Recites mortgage by 5.-title to land C. D. to A. B. of the property to be sold to the trustees, trustee ; sold to trustees; PRECEDENT TO USES OF A WILL. 6.-agreement for purchase; supra, p. 270]; AND WHEREAS the said G. H. and I. K., as such trustees as aforesaid, and with the consent of the said E. F. (b), testified by his being a party to and executing these presents, lately agreed with the said C. D. for the purchase, at the price of £, of the fee simple in possession of the hereditaments hereinafter expressed to be hereby granted, free from incumbrances; NOW 7. Witnesseth: THIS INDENTURE WITNESSETH, that in pur-consideration, suance of the said agreements, and in consideration of the sum of £, upon the execution of these presents paid to the said A. B. by the said G. H. and I. K., at the request of the said C. D., and with the consent of the said E. F., out of moneys in the hands of the said G. H. and I. K. arising from the residuary personal estate of the said L. M. (the receipt whereof the said A. B. doth hereby acknowledge), and in consideration of the sum of £ at the same time paid to the said C. D. by the said G. H. and I. K., with the consent of the said E. F., out of such moneys as aforesaid (the payment and receipt in manner aforesaid of which said sums of £ -receipt, -grant, -parcels. 8. Habendum, -to uses of will. and £ -, making together the said purchase-money of £, the said C. D. doth hereby acknowledge, and the payment with his consent in manner aforesaid of which said sums of £- and £ the said E. F. doth hereby admit), He the said A. B., at the request of the said C. D., doth hereby grant and release, and he the said C. D. doth hereby grant and confirm unto the said G. H. and I. K. and their heirs [Parcels, supra, pp. 210, 213, 215, or 219-General words, supra, p. 208]: TO HAVE AND TO HOLD all the said premises herein before expressed to be hereby granted unto the said G. H. and I. K., and their heirs, discharged from all principal moneys and interest intended to be secured by, and from all claims and demands under, the said indenture of the day of : TO SUCH OF THE USES, upon such of the trusts, (b) As to the consent of a tenant for life to the exercise of a power, see supra, p. 309, n. (d). |