during his minority an eldest or only son entitled to the hereditaments hereby settled for an estate in tail-male in possession, or in remainder immediately expectant on the life estate of his father, or on some estate prior in order of limitation to such life estate; and also (if the person exercising the said power shall so declare by deed or will, but not otherwise), any son who being an eldest or only son entitled in remainder as aforesaid when he attains the age of twenty-one years shall afterwards die before his estate tail falls into possession, without having disentailed the said hereditaments or any part thereof with the consent of the protector of the settlement (a). 10. (The same as Article 6 of Precedent No. XXVI., suprà, p. 351.) RE-SETTLE MENT BY FATHER AND ELDEST SON. 11. The tenant for life or other person or persons having for Additional powers given the time being power under the Settled Land Act, 1882, to sell to tenant for life. or lease the hereditaments hereby settled (including the trustees of these presents on behalf of any infant) shall have the following powers in addition to those conferred by the said Act, namely (Additional powers as in Precedent No. XXVI., Article 7, p. 352). [12. (Same as Article 8 of Precedent No. XXVI., suprà, p. 353).] 13. It shall not be necessary for any tenant for life under these presents, when intending, &c. (sales, &c., may be made under statutory power without giving notice to trustees, suprà, p. 353). 14, 15, 16. (Same as Articles 10, 11, and 12 of Precedent No. XXVI., substituting in Article 11 "any tenant for life or person having the powers of a tenant for life" for "the said A. B.") (a) See p. 346, suprà, note. In that note it is submitted that it is right to exclude from a portion the representatives of an eldest or only son who dies before his estate tail falls into possession, on the ground that such son when he attains twenty-one may, with the concurrence of his father, bar the entail, and provide for his family, and that it is not to be presumed that the father will refuse such concurrence without sufficient reason. But this argument is not conclusive when applied to a set of limitations such as those in the above precedent. The tenant for life for the time being may happen to be the uncle, and not the father, of the first tenant in tail, and in such a case it is not impossible that he may withhold his consent to a re-settlement of the estates on his nephew coming of age, and thus deprive the latter of the opportunity of making a provision for his wife and younger children. To meet this possibility the appointor is enabled, if he thinks fit, to let in an eldest son dying before his estate tail falls into possession, and without having disentailed. RE-SETTLE- FATHER AND upon trusts with uses of freeholds. 17. THE said W. B. and A. B. as settlors in exercise of the powers for this purpose given to them by the secondly hereinbefore recited indenture bearing even date with these presents, Appointment and of all other powers (if any) them hereunto enabling, hereby of copyholds appoint that such of the hereditaments described in the first corresponding schedule to these presents as are of copyhold tenure, AND all other (if any) the copyhold hereditaments comprised in the secondly herein before recited indenture of even date herewith shall (subject to the charges now subsisting in and affecting the same under the hereinbefore recited indenture of settlement) henceforth go, remain, and be held upon such trusts and with and subject to such powers and provisions as will correspond, as nearly as the difference of tenure will permit, with the uses, powers, and provisions herein before declared and contained of and concerning the freehold hereditaments hereby settled, but so as not to increase or multiply charges or powers of charging. Appointment of consols and money secured on mortgage representing part of the 18. THE said W. B. and A. B. as settlors in exercise of the powers for this purpose given to them by the firstly herein before recited indenture bearing even date herewith, and of all other powers (if any) them hereunto enabling, hereby appoint that the said sum of £ 2 per cent. consolidated stock, and ceeds of sale of the said sum of £, secured by mortgage as aforesaid, shall settled estate upon same trusts as pro real estate. Appointment of new trustees. Power of leasing and sale and (subject to the charges now subsisting in and affecting the same under the said indenture of settlement) henceforth go to and be vested in the trustees of these presents, to be by them held upon the trusts which would be applicable thereto if the same were capital money or investments representing capital money arising from the sale of part of the hereditaments hereby settled under the Settled Land Act, 1882. 19. (Same as No. 13 in Precedent No. XXVI.) 20. THE power of appointing new trustees conferred by the Conveyancing and Law of Property Act, 1881, shall, for the purposes of these presents, be vested in the said W. B. and A. B. during their joint lives, and in the survivor of them during his life. 21. THE powers of leasing and sale and exchange, and for the appointment of new trustees, contained in the herein before exchange con- recited indenture of settlement of the day of shall existing settle- remain in full force during the life of the said W. B., and may tained in ments to remain in be exercised so as to override the uses, powers, and provisions force. limited and declared by and in these presents, and any hereditaments purchased or received in exchange under any exercise of such powers shall be settled to the uses which shall be then subsisting in the hereditaments hereby settled under the joint operation of the said indenture of settlement and these presents. IN WITNESS, &c. THE FIRST SCHEDULE ABOVE REFERRED to. RE-SETTLE MENT BY FATHER AND ELDEST SON. THE SECOND SCHEDULE ABOVE REFERRED TO. No. XXIX. TO SECURE CONVEYANCE by intended HUSBAND of FREEHOLD LAND CONVEYANCE THIS INDENTURE, made the day of BETWEEN Parties. intended. A. B., of, &c. (intended husband), of the first part, C. D., of, &c. (intended wife), of the second part, and E. F., of, &c., and G. H., of, &c. (trustees), of the third part: WITNESSETH that in Recite that consideration of a marriage intended shortly to be solemnized marriage is between the said A. B. and the said C. D., the said A. B., as Husband settlor, hereby conveys unto the said E. F. and G. H. (here- conveys freeinafter called "the trustees of these presents ") (Parcels): To To use of HOLD the same unto the trustees of these presents in fee simple: life; TO THE USE of the said A. B. during his life, without impeach- and after his ment of waste, with remainder, To THE USE that, &c., (use that C. D. shall take thereout a jointure, suprà, p. 345): AND sub- shall take ject to the said rent-charge, To THE USE of the trustees of these and subject presents for the term of five hundred years, computed from the thereto to use day of the decease of the said A. B., without impeachment of term. husband for decease to the use that wife jointure; of trustees for TO SECURE With re in fee. to raise por tions for chil in amount according to their number. CONVEYANCE Waste, UPON THE TRUSTS hereinafter declared concerning the same, AND subject thereto, To THE USE of the said A. B. in fee simple: AND IT IS AGREED AND DECLARED that the said premises mainder to the are hereinbefore limited to the trustees of these presents for the use of husband said term of five hundred years, UPON TRUST, that if there shall Trusts of term be any child or children of the said intended marriage, who being a son or sons shall attain the age of twenty-one years, or being a dren varying daughter or daughters shall attain that age or marry, the said trustees shall by mortgage of the said premises or part thereof for all or any part of the said term, or by or out of the rents or profits of the said premises, raise for the portion or portions of such child or children the sum of money next hereinafter mentioned (that is to say): Ir there shall be one such child, the sum of £5,000; if there shall be two such children and no more, the sum of £8,000; and if there shall be three or more such children, the sum of £10,000, which sum of £8,000 or £10,000, as the case may be, shall be divided between or among such children in such shares and manner as the said A. B. shall by any deed or deeds, or by his will appoint, and in default of such appointment and so far as any such appointment shall not extend, shall be divided between them in equal shares, but so that no child taking a share under any appointment shall take any share in the unappointed part (if any) of the said money without bringing his or her appointed share into hotchpot, and accounting for the same accordingly: AND UPON FURTHER TRUST, &c. (Trust to raise interest on unpaid portions, and to raise annual sums for maintenance of infant children, suprà, p. 349). PROVIDED ALWAYS and it is declared, that it shall be lawful for the trustees of shares of sons these presents, upon the request in writing of the said A. B. during his life, and after his death, at the discretion of the said trustees, by all or any of the ways and means aforesaid to raise any part or parts not exceeding together one moiety of the presumptive portion of any son in the sum of money hereby directed to be raised for portions, and to apply the same for the advancement, preferment, or benefit of such son in such manner as the said A. B. shall request, or as the said trustees shall after the death of the said A. B. think fit: PROVIDED ALWAYS, that if any son for whose advancement money shall be raised as aforesaid shall die under the age of twenty-one years, the sum so raised shall not be reckoned or taken in account as part of the money Trustees to raise moiety of presumptive for advance ment. CONVEYANCE TO SECURE JOINTURE. above trusts, reversioner. Settled Land except as to Act to apply notice of sales, &c. stitute other raiseable for portions under the foregoing trust unless the same added to the money raiseable for portions shall exceed the sum of £10,000, in which last-mentioned case the money raiseable for portions shall be reduced to such a sum as with the sum raised for advancement as aforesaid will make together £10,000: AND IT IS DECLARED that subject to the foregoing trusts and Subject to power the trustees of these presents shall permit the rents and rents to be profits of the hereditaments comprised in the said term to be paid to received by the person or persons for the time being entitled to the said hereditaments in remainder immediately expectant on the said term: AND IT IS DECLARED that these presents shall be deemed a settlement, and that the said E. F. and G. H. shall be deemed the trustees hereof for all the purposes of the Settled Land Act, 1882: PROVIDED ALWAYS that it shall not be necesfor the said A. B. when intending to make a sale, exchange, sary lease, mortgage, or charge under the powers of that Act, to give any notice of his intention in that behalf to the trustees of these presents, or their solicitor, as required by section 45 of that Act: PROVIDED ALWAYS and it is hereby further declared Power to that if the said A. B. shall at any time hereafter make other settlor to subprovision for securing the said annual sum of £ payable to lands or stock as a security the said C. D., and the money raiseable for portions as afore- for jointure. said, to the satisfaction of the trustees of these presents, either by settling other freehold, copyhold, or leasehold hereditaments of sufficient value to the uses, upon the trusts, and with and subject to the powers and provisions herein before limited, declared and contained concerning the said freehold premises hereby conveyed, or by investing in the names of the said trustees, in or upon any stocks, funds, or securities authorized by law as investments for trust-moneys, such a sum of money as in the opinion of the trustees will be sufficient for that purpose, then and in such case the said yearly rent-charge of £ -, and the term of five hundred years respectively hereinbefore limited shall cease and be void: AND IT IS ALSO DECLARED that the state- Certificate of ment or certificate in writing of the trustees of these presents sufficient that the said A. B. has made other provision for securing the evidence of said annual sum and portions to the satisfaction of the said having been trustees shall be conclusive evidence of the fact so stated, and jointure and portions. no person hereafter deriving title to the hereditaments hereby conveyed, or any part thereof, shall be bound or concerned to VOL. II. BB trustees to be due provision made for |