SETTLEMENT

OF REAL

ESTATE WITH

USUAL PROVISIONS.

shall not be solemnized within twelve calendar months from the date of these presents, then and in such case these presents, and the uses, trusts, powers, and provisions herein before declared and contained, shall be void and of no effect, and the hereditaments hereby settled shall revert and go to the use of the said solemnized A. B., in fee simple.

IN WITNESS, &c.

marriage not within twelve months.

No. XXVII.

SETTLEMENT of REAL ESTATE where the Settlor is seised
in fee simple subject to an ANNUITY payable under a
former settlement to his mother, who does not join (m).

SETTLEMENT
OF REAL
ESTATE SUB-

JECT TO

ANNUITY.

seisin in fee

annuity.

THIS INDENTURE, &c. (date and parties as in last precedent): Parties. WHEREAS the said A. B. is seised in fee simple of the heredita- Recital of ments intended to be hereby conveyed, subject to a yearly subject to rent-charge of £ payable to X. B., his mother, for her life, under an indenture dated, &c., and made, &c. (date and parties): AND WHEREAS a marriage is intended shortly to be solemnized of intended between the said A. B. and the said C. D.; AND upon the treaty for the said marriage it was agreed that the said hereditaments should be settled in the manner hereinafter expressed: NOW Witnessing

(m) In a case like this, the settlement is necessarily made subject to the annuity, and any sale by the tenant for life under the Settled Land Act will also be subject to it. If the annuitant should refuse to concur in the sale, the purchaser will probably be willing to complete upon being satisfied that the annuity will be payable out of the income of the purchase-money. To prevent any doubt on this point, it seems desirable to limit by the settlement a term of years to the trustees, upon an express trust to pay the annuity. This trust will be transferred to the purchasemoney by sect. 22, sub-s. 6, of the Settled Land Act, 1882.

marriage.

part.

SETTLEMENT THIS INDENTURE WITNESSETH and declares as fol

OF REAL

ESTATE SUB-
JECT TO
ANNUITY.

Settlor conveys

to use of trustees for term in trust to pay said annuity.

lows:

1. In consideration of the said intended marriage, the said A. B. as settlor hereby conveys unto the said E. F., G. H., and I. K. (hereinafter called "the trustees of these presents "), ALL, &c. (parcels), To HOLD the same unto the trustees in fee simple, To the use of the said A. B. in fee simple until the said intended marriage, and after the marriage To the use of the trustees for the term of ninety-nine years computed therefrom, without impeachment of waste, IN TRUST, out of the rents and profits of the said hereditaments, to pay to the said X. B. during her life the yearly sum of £- by equal half-yearly payments on the day of and the in every year, in satisfaction of the yearly rent-charge of that amount limited to her by the said indenture of the day of, 18—, and to permit the residue of the said rents and profits to be received by the person or persons for the time being entitled to the said hereditaments and premises in remainder immediately expectant on the said term, and from and after the determination of the said term, and in the meantime subject thereto and to the trusts thereof, To the use, &c. (rest of the precedent the same as No. XXVI.).

IN WITNESS, &c.

day of

No. XXVIII.

RE-SETTLEMENT of REAL ESTATE by a FATHER and
ELDEST SON. LIMITATIONS to such USES as FATHER
and Sox shall JOINTLY appoint, and subject thereto to
USES to secure a RENT-CHARGE to SON during joint
lives of himself and father, Subject thereto to FATHER
for LIFE, remainder to Son for life, remainder to FIRST
AND OTHER SONS of SON successively in TAIL-MALE ;
remainder to sUCH USES as FATHER and his SECOND SON
shall jointly APPOINT, and subject thereto to FIRST AND
OTHER SONS of SECOND SON successively in TAIL-MALE,
with similar LIMITATIONS in favour of other SONS of
FATHER and their ISSUE MALE, with remainder to AFTER-
BORN sons of FATHER successively in tail-male, with ulti-
mate remainder to son in fee simple. POWER to FATHER
to charge with GROSS SUM for his own benefit-similar
POWER to ELDEST SON when in possession. POWERS to
ELDEST SON AND THE SUBSEQUENT TENANTS for LIFE,
to JOINTURE and charge with PORTIONS. ADDITIONAL
PROVISO keeping on foot POWERS of LEASING,

POWERS.

&c., in FORMER SETTLEMENT (a).

THIS INDENTURE, made the

RE-SETTLE-
MENT BY
FATHER AND
ELDEST SON.

day of, BETWEEN Parties.

W. B., of, &c. (father), of the first part, A. B., of, &c. (eldest son), of the second part, and E. F., of, &c., G. H., of, &c., and

ment.

I. K., of, &c. (trustees), of the third part: WHEREAS by an Recital of indenture, &c. (date and parties), divers freehold hereditaments existing settletherein described were settled and assured (after certain uses which have since determined or failed to take effect) to the use of the said W. B. during his life without impeachment of waste, with remainder to the use that X. B. his then intended wife, if

(a) It is usual on an eldest son coming of age to re-settle the family estate. If the re-settlement is postponed until the son's marriage, it will generally be found convenient to frame the re-settlement without any express reference to the intended marriage, and to have a separate deed of settlement on the marriage in exercise of powers of jointuring and charging with portions inserted in the re-settlement.

RE-SETTLE-
MENT BY

FATHER AND
ELDEST SON.

Sales and exchanges under power in existing settlement.

she should survive the said W. B., should during her life receive
a yearly rent-charge of £500 for her jointure, and subject thereto
to the use of (trustees), for the term of 500 years, upon trusts
for [better securing the said rent-charge and also for] raising (in
the event which happened) the sum of £10,000 for the portions
of the younger children of the said W. B. by the said X. B. his
wife, and subject thereto to the use of the first and other sons of
the said W. B. successively according to seniority in tail-male
with divers remainders over: AND in the said indenture are con-
tained the usual powers of leasing and of sale and exchange, and
a direction that the moneys to arise from any such sale shall be
laid out in the purchase of other hereditaments to be settled to
the like uses, and shall in the meantime be invested in or upon
such stocks, funds, or securities as therein mentioned: AND
ALSO powers enabling the said W. B. to jointure a future wife
and to charge the settled hereditaments with portions for his
children by a future wife: AND by the said indenture now in
recital divers copyhold hereditaments held of the manor of
in the county of
therein described were covenanted to be
surrendered to the use of (the trustees of the settlement)
and their heirs upon trusts corresponding with the uses therein-
before declared of the said freehold hereditaments: AND
WHEREAS the said copyhold hereditaments were on the
of
duly surrendered to the use of the said (trustees) and
their heirs pursuant to the covenant in that behalf contained in
the said indenture, and the said (trustees) were thereupon ad-
mitted tenants to the said hereditaments: AND WHEREAS some
of the freehold and copyhold hereditaments comprised in the
said recited indenture of settlement have been from time to time
disposed of by way of sale or exchange under the powers in that
behalf contained in the said indenture, and part of the proceeds
of such sales have been laid out in the purchase of other free-
hold and copyhold hereditaments, which freehold hereditaments
have been conveyed to the uses of the said indenture of settle-
ment, and which copyhold hereditaments have been surrendered
to the use of the said
(trustees) upon the trusts of the said
indenture, and who have been admitted thereto accordingly, and
the residue of such proceeds is now represented by the sum of
£2 per Cent. Consolidated Stock standing in the names
of the said and a sum of £- secured on mortgage of

day

real estate situate at

day of

RE-SETTLE

MENT BY

ELDEST SON.

eldest son.

deed of free

which mortgage was effected by an indenture, &c. (date and parties): AND WHEREAS the particulars FATHER AND of the hereditaments now subject or believed to be subject to the uses of the said indenture of settlement are set forth in the first schedule hereunder written: AND WHEREAS the said A. B. is the That A. B. is first son of the said W. B. by the said X. B. his wife, and he attained the age of twenty-one years on the last: AND WHEREAS by an indenture bearing even date with Disentailing these presents, and made between the said W. B., of the first holds and part, the said A. B., of the second part, and X. Y., of the third money. part (and which indenture is intended to be enrolled in the High Court of Justice (Chancery Division) as a disentailing assurance), the said W. B. and A. B. have conveyed all the freehold hereditaments comprised in and settled by the hereinbefore recited indenture of settlement, except such of them as have been disposed of by way of sale or exchange as aforesaid : AND ALSO (by way of conveyance and not of exception) all the freehold hereditaments which were purchased or received in exchange and have been conveyed to the uses of the said indenture of settlement as aforesaid: AND ALL other (if any) the freehold hereditaments now subject, either at law or in equity, to the uses of the said indenture of settlement unto the said X. Y. in fee simple (subject to the said yearly rent-charge of £500 limited to the said (wife) by the said indenture of settlement, and also to the said term of 500 years and the trusts thereof, but freed and discharged from the estate tail of the said A. B., and all remainders, estates and powers to take effect after the determination or in defeasance thereof): To such uses, upon such trusts, and with and subject to such powers and provisions, as the said W. B. and A. B. shall by any deed or deeds jointly appoint: AND by the same indenture the said sum of £2 per Cent. Consolidated Stock, and the sum of £- secured by mortgage as aforesaid, and all other moneys, stocks, funds, and securities (if any), liable to be laid out in the purchase of hereditaments to be settled as aforesaid have been assigned by the said W. B. and A. B. (freed and discharged as aforesaid) unto the said X. Y. upon such trusts, and subject to such powers and provisions, as the said W. B. and A. B. shall by any deed or deeds jointly appoint: AND WHEREAS by another indenture bear- Disentailing ing even date with these presents, and made between, &c. holds.

deed of copy