REAL ESTATE

IN STRICT SET-
TLEMENT.

General bequest of personalty, subject to the pay

ment of funeral and testamen

tary expenses,

cies.

leaseholds upon trusts to correspond with the uses of the freeholds, supra, pp. 144, 145: Provisoes as to the renewal of renewable leaseholds and copyholds, supra, p. 146: Bequest of personal chattels upon trust, that the same may go along with the lands as heir-looms, with direction to make an inventory of, and preserve the same, supra, pp. 147, 148]: I GIVE AND BEQUEATH all the money, securities for money, goods, chattels, rights, credits, and other personal estate whatsoever and wheresoever, of or to which I am now, or at the time of my death, shall or may be possessed or entitled, debts, and lega- either at law or in equity, for any estate or interest which can be bequeathed by will, or of which I now have power to dispose by this my will (except what I otherwise dispose of by this my will, or any codicil hereto), unto my said son, D. B., for his own benefit, subject to the payment thereout of my funeral and testamentary expenses, and debts and the legacies bequeathed by this my will or any codicil Appointment hereto: AND I DO hereby nominate and appoint the said D. B. sole executor of this my will. [Power to trustees to give receipts, supra, p. 15 (r): Power to appoint new trustees, supra, p. 194: Clauses for the indemnity of trustees, and the payment of their expenses, supra, pp. 195, 196.] IN WITNESS &c.

of executor.

Usual clauses.

Vol. 1, art. SETTLEMENTS, and ante, Vol. 4, p. 546, n. (s). The power of sale and exchange in the text differs considerably from that inserted in the Settlement, ante, Vol. 4, p. 539 et seq.; but the discrepancy will be remedied by altering the latter, should the Work reach a second Edition.

(r) See ante, Vol. 4, p. 548, n. (n). The words in the form referred to, relating to the purchase money of the estates, will be superfluous in a will containing only a settlement.

XV.

TINCT SETTLE-
MENTS OF
DIFFERENT
ESTATES, AND

CIAL CLAUSES.

WILL of REAL and PERSONAL Estate. DEVISE WITH TWO DIS-
of COPYHOLDS. DEVISE of CERTAIN REAL
Estate, to the intent that WIFE may take
TWO RENT-CHARGES, during different Pe- VARIOUS SPE-
riods, with a PROVISO FOR CESSER of the se-
cond; SUBJECT thereto to Trustees for a TERM
of Years in Trust to pay certain ANNUITIES
if claimed, and to raise PORTIONS for younger
CHILDREN; SUBJECT thereto in STRICT SETTLE-
MENT. SHIFTING CLAUSE to take Effect on a
Devisee succeeding to a certain Title, with a
PROVISO for RESHIFTING on another Event.
DEVISE of an Estate in REVERSION in STRICT
SETTLEMENT, including a Limitation to
Daughters as TENANTS in COMMON in TAIL.
TRUSTEES to PRESENT to LIVINGS during Mi-
norities of Devisees in Possession. RESIDUARY
PERSONALTY to be laid out in the PURCHASE of
LANDS to be SETTLED, but actual Investment
not to be compulsory, unless upon Requisition of
a Person entitled. TRUSTEES may POSTPONE the
SALE of and let LEASEHOLDS. TRUSTEES may
constitute HEIR-LOOMS, and allow the Widow to
use them during the Minorities of Devisees.
TRUSTEES may GIVE any part of the PERSONAL
Estate absolutely to a Devisee in Possession of
the settled Estates. REVERSIONARY and CON-
TINGENT Interests NOT to be SOLD till they fall
into POSSESSION. APPOINTMENT of Monies and
Funds in pursuance of a POWER in the Testator's
MARRIAGE SETTLEMENT among his CHILDREN
other than an ELDEST or ONLY SON, with appro-
priate Clauses and Powers. USUAL CLAUSES.

I, A. B., of &c., do hereby revoke all wills, codicils, and

other testamentary dispositions heretofore made by me, and

WITH TWO DIS- declare this to be my last will and testament.

I GIVE AND DEVISE all and singular the copyhold or customary messuages, tenements, lands, and hereditaments, in the parish of in the county of, holden of the manor of, in the said county of to which I was admitted, at a court holden for the said manor, on the

day of with their rights, easements, and appurtenants, unto and to the use of my wife, C. B., her heirs and assigns for ever, to be holden according to the custom of the manor, at and under the rents, fines, heriots, suits, and services therefore due and of right accustomed. [Bequest to testator's wife of chattels in mansion-house, supra, p. 114, and of an immediate legacy, supra, p. 3. General devise of real estate in certain parishes and townships, supra, p. 164.] To THE USES upon, and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations hereinafter limited, declared, expressed, and contained of and concerning the same: that is to say; TO THE USE and intent, that my said wife, C. B., and her assigns, shall and may, during the joint lives of herself and my mother, M. B., receive and take one annual sum, or yearly rent-charge, of £— AND TO THE FURTHER USE and intent, that in case the said C. B. shall survive the said M. B., and my brother, O. B., shall be then living, she, the said C. B. and her assigns, shall and may thenceforth, during the joint lives of herself and my said brother, receive and take a like annual sum, or yearly rent-charge, of £

THE SAME ANNUAL SUMS, or yearly rent-charges, of £— and £, to be respectively charged upon, and yearly issuing out of all and singular the said hereditaments and premises lastly hereinbefore devised, and to be paid clear of all deductions, by equal half-yearly payments, on the twentyfourth day of June and the twenty-fifth day of December in every year, the first half-yearly payment of the said firstmentioned annual sum, or yearly rent-charge, of £

to be made on such of the said days of payment as shall happen next after my decease, and the first half-yearly payment of the said secondly herein before mentioned an

nual sum, or yearly rent-charge, of £

WITH TWO DIS

TINCT SETTLE

MENTS OF DIFFERENT ESTATES, AND VARIOUS SPECIAL CLAUSES.

With power of distress;

to be made on such of the said half-yearly days of payment as shall happen next after the decease of my said mother, or next after my decease, if my said mother shall die in my lifetime: AND TO THIS FURTHER USE and intent, that when and so often as such one of the said annual sums, or yearly rent-charges, of £ and £, as shall for the time being be payable, or any part thereof, shall at any time or times be unpaid, by the space of twenty-one days next after any of the days hereby appointed for the payment thereof as aforesaid, then and so often it shall be lawful for the said. C. B. and her assigns to enter into and distrain upon the said hereditaments and premises hereinbefore charged with the same annual sum, or yearly rent-charge, or expressed and intended so to be, or any part thereof, and to dispose of the distress or distresses then and there found according to law, to the intent that thereby or otherwise the said annual sum, or yearly rent-charge, of £ or £ as the case may be, and every part thereof so in arrear and unpaid, and all costs, charges, and expenses occasioned by the non-payment thereof, shall be fully paid and satisfied; AND TO THIS FURTHER USE and intent, that in case and entry. the said annual sum, or yearly rent-charge, of £— or £, as the case may be, or any part thereof, shall at any time or times be unpaid by the space of forty days next after any of the days hereby appointed for the payment thereof as aforesaid, then and so often, although there shall not have been any legal demand made thereof, it shall be lawful for the said C. B. and her assigns to enter into and upon, and to hold the said hereditaments and premises hereinbefore charged with the same annual sum or yearly rent-charge, or expressed and intended so to be, or any part thereof, and to receive and take the rents, issues, and profits thereof, for her and their own use and benefit, until she or they shall therewith and thereby, or otherwise, be fully paid and satisfied the said annual sum or yearly rent-charge of £or £ as the case may be, and the arrears thereof, due at the time of such entry, or afterwards to become

MENTS OF DIFFERENT ESTATES, AND

Proviso for cesser in cer

tain events of

WITH TWO DIS- due during her or their being in possession of the same preTINCT SETTLE- mises, together with all costs, charges, and expenses which she or they shall sustain by reason of the non-payment VARIOUS SPE- thereof, and such possession, when taken, to be without imCIAL CLAUSES. peachment of waste (a): PROVIDED ALWAYS, and I declare my will to be, that if the said O. B. shall have issue male living at the death of my said mother, or afterthe second an- wards to be born during the life of my said wife, then and nuity. in such case the half-yearly payments of the said lastly herein before mentioned annual sum or yearly rent-charge of £ which shall fall due from time to time, during so long as any such issue male of my said brother shall be living, shall from time to time absolutely sink, for the benefit of the person or persons who, for the time being, under or by virtue of this my will, shall be entitled to the possession, or the receipt of the rents, issues, and profits of the said hereditaments and premises lastly herein before devised, and so, toties quoties, whenever for the time being there shall be issue male of my said brother in existence, during the joint lives of my said brother and wife: AND I DECLARE my will to be, that, subject and charged as hereinbefore is mentioned, the said hereditaments and premises herein before devised shall go, remain, and be To THE USE of E. F., of &c., and G. H., of &c., their executors, administrators, and assigns, for the term of nine hundred years, to commence and be computed from my decease, without impeachment of waste, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations hereinafter declared, expressed, -and subject and contained of and concerning the same: AND FROM AND AFTER the expiration or sooner determination of the said term of nine hundred years, and in the mean time subject thereto, and to the trusts thereof, To THE USE of &c. [Limitation to the testator's eldest son for life; remainder to L. M. and N. O., and their heirs during his life, to preserve contingent remainders; remainder to his first and other

Subject there

to the devised

estates limited

to the use of

trustees for nine

hundred years;

thereto to uses

in strict settlement;

(a) With respect to the powers and remedies for securing rent-charges, see ante, Vol. 4, p. 504, n 4, (k); p. 577, n. (c).