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privies or privy, or whereunto the said (intended husband) has been or shall be vouched, shall be and enure, and shall be adjudged, deemed, construed, and taken, and so are and were meant and intended, and are hereby directed to be and enure, as to all and singular the same messuages, lands, tenements, and hereditaments, and every part thereof, with their respective appurtenances, and the recoveror or recoverors, cognizees and grantees respectively, in the said common recovery or common recoveries, or other assurances named, or to be named, and his, her, or their heirs shall stand and be seised of the same and every of them, TO THE USES," &c. (as in the text), ante, p. 291.

SETTLE

MENTS.

MARRIAGE.

Settlement of Freeholds. (Full Form.)

SETTLE

MENTS.

MARRIAGE.

Settlement of
Freeholds.
(Full Form.)

Sequels in right.

(E) Covenant to surrender Copyholds to the Uses of the Settlement. See ante, p. 319, note, also ante, p. 247.

"AND THIS INDENTURE FURTHER WITNESSETH, that in pursuance of the agreement aforesaid, with respect to the copyhold estates of the said (intended husband) holden of the manor of as aforesaid, and in order to effectuate the same, and for the considerations aforesaid, [and also for and in consideration of the sum of 10s. of lawful current money of England to the said (intended husband) in hand well and truly paid by the said (trustees to preserve, &c.) at or immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, HE the said (intended husband) for himself, his heirs, executors, and administrators, DоTH hereby covenant, promise, and agree with and to the said (trustees to preserve, &c.) their heirs, sequels in right (1), and assigns, that in case the said marriage shall take effect he the said (intended husband) or his heirs, shall and will at or before the next general or other court which shall be holden after the solemnization thereof, in or for the said manor of at his and their own costs and charges, surrender or cause and procure to be surrendered into the hands of the lord or lords, or lady or ladies of the same manor, according to the custom thereof, ALL that copyhold or customary messuage, &c. or by whatsoever name or names, description or descriptions, the same copyhold or customary lands and hereditaments, or any or either of them, are, or is, or have, or has been called,

(1) A copyhold being, by the technical notion of law, holden at the will only of the lord, (although of customary inheritance) the word "heirs" cannot strictly be applied to this species of tenure; the words "sequels in right," i. e. those who may happen to succeed to the last possession, are therefore, frequently added to the common law words of inheritance.

SETTLE

MENTS.

MARRIAGE.

Settlement of Freeholds. (Full Form.)

of uses.

known, described, or distinguished; Together with all and all manner of rights, privileges, easements, advantages, and appurtenances whatsoever to the said messuages or tenements, lands, hereditaments, and customary premises, or any of them, or any part thereof respectively belonging, or in anywise appertaining, or reputed or deemed so to be, or with the same or any of them now or heretofore holden, used, occupied, or enjoyed. AND which said surrender or Declaration surrenders shall, when made and perfected, be and enure to the uses, upon the trusts, and to and for the ends, intents, and purposes hereinafter declared or expressed concerning the same, (that is to say) TO THE USE of the said (intended husband) and his heirs, until the said intended marriage shall be had and solemnized, and from and immediately after the solemnization thereof, to the use of him the said (intended husband) for and during the term of his natural life (1), and from and immediately after the de

(1) Or, it may be,

"TO THE USE of the said (trustees) and their heirs, but nevertheless in trust for the said (intended husband) during the term of his natural life."

If the copyhold tenure be renewable on lives, say,

"TO THE USE of the said (trustees) and their heirs, during the lives for which the same shall be then holden at the will of the lord, according to the custom of the said manor, upon the several trusts, and to and for the several ends and purposes hereinafter declared or expressed concerning the same (that is to say) IN TRUST to renew and fill up the lives now in being, and all other lives for which the said copyhold premises shall for the time being be holden, as and when the same shall drop, and by and out of the rents, issues, and profits of the said premises, or by mortgage thereof, or a competent part thereof, or by any other lawful ways or means levy, raise, and pay all fines, fees, and expenses attending any such renewal and filling up of a life or lives, and subject thereto, upon such trusts," &c. see next page, n. (1).

Variation.

Estate renew

able.

SETTLE-
MENTS.

MARRIAGE.

Settlement of

Freeholds. (Full Form.)

termination of that estate, To THE USE of them the said
(trustees) their heirs and assigns, to be holden of the lord or
lords, or lady or ladies for the time being of the said manor
or respective manors, according to the custom or customs of
the same; subject only to the customary rents, dues, and ser-
vices to be respectively paid and performed in respect there-
of, but nevertheless as to the estate and interest of them
the said (trustees to preserve, &c.) their heirs and assigns, in
trust only and to and for the several ends, intents, and pur-
poses hereinafter declared or expressed concerning the same,
(that is to say) IN TRUST that they the said (trustees) or the
survivor of them, or the heirs of such survivor, and their or
his assigns, do and shall immediately upon the determina-
tion of the estate so limited in use to the said (intended
husband) as aforesaid, and by and out of the yearly and
other rents, issues, and profits thereof, pay unto the said
(intended wife) and her assigns, for and during the term of
her natural life, so much of the said annuity or yearly sum
of £
hereinbefore given to her, in lieu and satis-
faction of and for her dower and thirds at common law or
freebench or widow's part, at the times and in the manner
hereinbefore appointed for payment of the same, as the
freehold and other lands and hereditaments herein before
charged with the payment thereof, shall be insufficient to
discharge and satisfy; and from and immediately after the
decease of the said (intended wife) or other the cessation or
sooner extinguishment of the said annuity or yearly rent-
charge of £
and in the mean time subject thereto,
UPON TRUST that (1) they the said (trustees) and the sur-

Small part copyhold.

(1) If a very small part only of the settled premises be copyhold, the trusts may be more shortly expressed thus,

"TO SUCH USES or upon such trusts as will best and nearest correspond, according to the rules of law and equity, and the nature and tenure of the said copyhold or customary messuages, lands, tenements, or hereditaments, with the several uses and trusts hereinbefore limited or de

vivor of them, and the heirs of the survivor, and their or his assigns, shall stand and be seised or possessed of the said hereditaments and premises, IN TRUST for the first son of the body of the said (intended husband) on the body of the said (intended wife) to be begotten, and the heirs male of the body of such first son lawfully issuing; and in default of such issue, IN TRUST for the second, third, fourth, fifth, sixth, and all and every other the son and sons of the body of the said (intended husband) on the body of the said (intended roife) to be begotten, severally, successively, and in remainder one after another, as they and every of them shall be in seniority of age and priority of birth, and for the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing, the elder of such sons and the heirs male of his body lawfully issuing being always to be preferred, and to take before the younger of such sons and the heirs male of his and their body and respective bodies lawfully issuing; and for default of such issue, IN TRUST for all and every the daughter and daughters of the said (intended husband) on the body of the said (intended wife) his intended wife, to be begotten, if more than one, equally to be divided between them, share and share alike, as tenants in common and not as joint-tenants, and for the several and respective heirs of the body and bodies of all and every such daughter and daughters lawfully issuing; AND if there shall be but one such daughter, then IN TRUST for such only daughter, and the heirs of her body lawfully issuing; AND in case there shall be more than one such daughter, and any or either of them shall happen to die without lawful issue of her or their body or

clared of or concerning the freehold messuages, lands, tenements, and hereditaments hereinbefore granted and released or otherwise assured, or intended so to be, and with, under, and subject to such and the same or the like powers, provisos, declarations, and agreements as hereinbefore are or were intended to be declared or expressed concerning the same."

SETTLE

MENTS.

MARRIAGE.

Settlement of
Freeholds.
(Full Form.)

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