siderations aforesaid, HE the said (intended husband) HATH (1) granted, bargained, sold, assigned, transferred, and set over, and by these presents DоTH grant, bargain, sell, assign, transfer, and set over unto the said (trustees) their executors, administrators, and assigns, ALL those the several messuages, or tenements, &c. (2), and all and singular other the premises comprised in and demised by the said hereinbefore in part recited indenture of lease (3); TOGETHER with all and singular the rights, members, and appurtenances to the same belonging, or in any wise appertaining or incident, and also the said indenture of demise or lease, and all mesne assignments, if any, thereof; and all the estate, right, title, interest, term or number of years now to come and unexpired, property, claim, and demand whatsoever, both at law and in equity, of him the said (intended husband) of, in, to, or respecting the same premises. TO HAVE AND TO HOLD the said several messuages or tenements, pieces or parcels of ground, and other the premises hereby assigned, or mentioned SETTLE MENTS. MARRIAGE. Freeholds, Copyholds, Leaseholds, and Money in the Funds. To hold to the residue of the trustees for the term. (1) If the lease be for lives, it must (being a freehold interest) Lense for lives. be conveyed either by lease and release or other conveyance under the statute of uses, or else by delivery of possession: see Vol. I. No. XXIII. p. 327; also ante, No. V. p. 544, notes. (2) Insert here an exact description of the premises from the lease. Parcels. (3) If the intended husband be an assignee only of the pre- Husband an asmises, see ante, p. 543. signee. If the lease be for years determinable upon lives, see ante, p. Years determinable upon lives. 544. MENTS. Freeholds, Copy holds, Leuse holds and Money in the Funds. SETTLE- or intended so to be, with their respective appurtenances, unto the said (trustees) their executors, MARRIAGE. administrators, and assigns, from henceforth for all such residue or remainder of the said term or period of years, in and by the said in part recited indenture of lease granted, as is now to come and unexpired, by effluxion of time; SUBJECT nevertheless to the payment of the yearly rent thereby reserved, and to the observance and performance of the covenants and agreements which, on the tenant, lessee, or assignee's part, are thereby required to be paid, performed, or observed (1); BUT UPON THE TRUSTS nevertheless, Subject to the rents and covenants in the lease. after-mentioned. Joint limitations leaseholds. (1) A variation has, in a preceding page, been referred to of freeholds and where the freehold part of the estates is intended to be limited in strict settlement. Where leaseholds are comprised in the same settlement, and intended to accompany the uses of the freeholds, they are sometimes assigned to the trustees. Upon the same trusts, and to and for the same intents and purposes, and with, under, and subject to the same powers, provisos, conditions, restrictions, agreements, and declarations as are hereinbefore declared or expressed of or concerning the freehold lands and hereditaments hereinbefore granted and released, or otherwise assured, or mentioned or intended so to be, or as nearly thereto as the different species of property will admit." But such a reference to the limitation of the freeholds is evidently improper, as the effect would be to give the first son of the marriage an estate-tail in the premises, (or an estate analogous to it) immediately upon his birth; and upon his decease, intestate, they would go to his next of kin under the statute of distributions, and not to the person next in remainder under the limitation of the freeholds. If, therefore, it be intended that the leaseholds should accompany the intailed estate in the free and for the several ends, intents, and purposes, SETTLE MENTS. holds, distinct limitations of them should be inserted for that purpose, which must be so framed as either to prevent the estate limited to each child from vesting until it attain the age of twenty-one, or to determine it, if previously vested, on the child dying before that age; in which event the limitations over to the next younger child will take effect, it being holden (contrary indeed to former decisions, see Barkhouse's case, Pollexfen, 33. Burgess's case, 1 Mod. 115), that a term for years or personal chattels will admit of being limited to a person for life, with remainder by way of trust, to his children or others in tail, equally with estates of inheritance, so that they be not rendered unalienable for a longer period than a life or lives in being and twenty-one years afterwards, see Massenburgh v. Ash, 1 Vern. 304. Higgins v. Dowler, 1 P. Wms. 98. Co. Lit. 20, a. n. (5), and the authorities there cited, or in the words of Mr. Fearne, "whatever number of limitations there may be after the first executory estate of the whole interest, any one of them which is so limited that it must take effect (if at all) within twenty-one years after the period of a life then in being, may be good, in event, if no one of the preceding limitations which would carry the whole interest, happen to vest; but when once any preceding executory limitation which carries the whole interest happens to take place, that instant all the subsequent limitations become void." Fearne's Ex. Dev. 415, 4th edit. and vid. Pow. note there, p. 466, also Co. Lit. 290, n. (1), s. 10. Rob. on Wills, 584, n. Prest. Tracts, 74: likewise Stanley v. Leagh, 2 P. Wms. 686, and Vaughan v. Burslem, 3 Brow. Ch. Rep. 101. Procter v. Bp. Bath and Wells, 2 Hen. Blac. 358. Duke of Newcastle v. Lincoln, 3 Ves. jun. 327. See also ante, p. 538, notes, and p. 557, n. (1). MARRIAGE. Freeholds, Copyholds, Leaseholds, and Money in the Funds. The form of a limitation of a chattel or personal interest, in Limitations of order to its going to the issue in tail, together with the free- chattels in tail. holds, may be as follows: "IN TRUST for the said (intended husband) his executors, administrators, and assigns, until the said intended marriage. shall be had and solemnized; and from and immediately after the solemnization thereof, UPON TRUST that they the SETTLE- and under and subject to the provisos, declara MARRIAGE. Freeholds, Copy- said (trustees) and the survivors and survivor of them, and holds, Lease holds, and Money in the Funds. the executors and administrators of such survivor, and their shall so long live; and from and after the decease of the tions, and agreements hereinafter declared, ex SETTLE MENTS. MARRIAGE. Freeholds, Copy holds, Lease holds, and Funds. they shall severally attain that age, 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 Money in the 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 so attaining the said age, and the heirs male of his body issuing being always preferred, and the younger of such sons, and the heirs male of his or their body or respective bodies issuing; and in default of such issue of the said intended marriage, IN TRUST for all and every the daughter and daughters of the body of the said (intended husband) on the body of the said (intended wife) his intended wife, lawfully to be begotten, if more than one, equally to be divided between them, share and share alike as tenants in common, and of the several and respective heirs of the body and bodies of all and every such daughter and daughters lawfully issuing, as and when they shall respectively attain the age of twenty-one years. PROVIDED ALWAYS nevertheless, that notwithstanding the postponement of any legal or vested interest in the said children respectively, all and every of the said son and sons shall nevertheless, during his and their minority or respective minorities, and until his or their decease or respective deceases, under the said age of twenty-one years, be entitled to have and receive the rents, issues, and profits of the same premises, to and for his and their own respective use and benefit, and UPON TRUST that they the said trustees and trustee do and shall pay and apply the same to and for his and their respective use and benefit accordingly; and in default of failure of such last mentioned issue of the said intended marriage, then UPON TRUST that they the said (trustees) and the survivors and survivor of them, and the executors and administrators of the survivor, and their and his assigns, do and shall stand possessed of and interested in the said messuages, or tenements and leasehold premises, |