WILLS.

Strict Limitations. (Full Form.)

Fine to be taken.

session, or within six months next after the date
of such lease, and not otherwise in reversion, or
by way
of future interest; and so as by every such
demise, lease, or grant, to be made for or de-
terminable upon any life or lives, or in reversion,
the usual and accustomed rents, heriots, and ser-
vices be reserved, and made payable during the
continuance thereof respectively, to be incident
to, and go along with the reversion and remainder
of the premises to be therein comprised, expect-
ant upon the determination thereof; and so as
by every such demise, lease, or grant to be made
for any term or number of years absolutely, there
be reserved and made payable during the con-
tinuance thereof, (to be incident to and go along
with the remainder or reversion as aforesaid), the
best and most improved yearly rent that can be
obtained or reasonably expected for the premises
therein comprised, at the time of the granting or
making thereof respectively, without any fine,
premium, or foregift, or any other thing in the
natúre, or in lieu of a fine, premium, or foregift
(exceeding the sum of ten shillings), being paid
for granting or making the same (1); and so as
in all and every the demises, leases, or grants,
or limitations or appointments by way of de-
mise, lease, or grant so to be made, (whether
for life, years, or otherwise, as aforesaid), there

(1) Instead of a restriction against a fine or premium being taken, a liberty to take them may be granted, in which case see ante, p. 356, n. (2).

WILLS.

Strict Limitations.

be contained a proviso or condition of re-entry, in case the rent or rents thereby respectively reserved be unpaid for the space of twenty-one (Full Form.) days next after the same shall have become payable, and so as no lessee therein to be named, his executors, administrators, or assigns, be allowed to commit waste, or be exempted from punishment or forfeiture for committing waste, and so as the several lessees shall and do execute counterparts of such demises or grants (1). PROVIDED Power to make ALSO, and my will nevertheless further is, that it shall be lawful for my said son

and for all

and every other my sons, who may successively become entitled to the said manor, messuages, lands, and hereditaments, on the decease of my said wife, under or by virtue of the limitations hereinbefore contained, and they are respectively hereby empowered (but subject and without prejudice to the uses and estates hereinbefore given or limited to or for the benefit of my said wife), as and when they shall respectively become entitled thereto in possession, and shall be of the full age of twenty-one years, but not sooner or otherwise, or by surrender, forfeiture, or other

a jointure.

(1) A power to grant building leases may (if such be the in- Building leases, tent of the testator) be here inserted, in which case see ante, p.

423, Rider (Ff).

Or if the lands be situated in a mining county, a power to Mining leases. grant mining leases should be inserted, the form of which will

be similar to that in p. 426, rider (G).

If the trustees are to have a power to enfranchise copyholds, Enfranchisesee ante, p. 433, rider (K).

See also other powers, ante, p. 428, et seq.

ment.

Other powers.

WILLS.

Strict

act or deed of or by my said wife (1), by any deed or deeds, instrument or instruments in writLimitations. ing, to be sealed and delivered by them respect(Full Form.) ively, in the presence of, and attested by two or more credible witnesses, to grant, limit, or appoint any rent or annual sum to be issuing and payable out of, or chargeable upon all or any of the same manors, lands, and hereditaments, unto and to the use of, or in trust for any woman which he or they shall respectively marry or take to wife, (and that either before or after any such marriage) for and during the natural life or lives of such woman or women respectively, for or in lieu of her or their jointure or jointures, and in bar of dower, such rent or annual sum to take effect from the respective deaths of my said sons, and to be payable at or upon such days and times, and in such manner as he or they shall respectively think fit, but so as such rent or annual sum do not exceed £

Power to join

ture.

a year tax free, for or

(1) Without words expressly excluding the power to jointure until the donee shall be in possession immediately under the limitations of the settlement, he might be considered as enabled, (although some have thought otherwise), with the concurrence of his mother or other tenant for life, (she relinquishing her lifeestate in his favour; see Co. Lit. 185, a. ib. 383, b. Perks. s. 190. 1605), to charge the estates with a jointure by anticipation. during her life-time, to the prejudice of those in remainder, or the second or third son might be empowered by the like means to jointure to the prejudice of the first son; the testator should therefore clearly express whether it be his wish, that in the event of either his sons marrying during her life, he should, with the consent of his mother, have this power or not. See opinions of some eminent conveyancers on this point, post, rider (B)..

WILLS.

Strict Limitations.

(Full Form.)

in respect of every £ (or the value thereof in freehold or leasehold estates), which my said sons respectively shall have and receive, or become entitled to, as or for the portion or fortune of every such woman or women respectively, and so that the same rent or annual sum do not in any case exceed the sum of £ per annum ; and to give and grant to or for such woman or women respectively, and her and their assigns, all proper powers and remedies by distress, entry, and receipt of the rents and profits of the hereditaments chargeable therewith, and otherwise, for recovering the same when in arrear, and for that purpose to grant, limit, and appoint the same hereditaments to any trustee or trustees, for any term or number of years, to commence from the death or respective deaths of such son or sons, and to be determinable upon the death or respective deaths of such woman or respective women, and payment of all arrears of the said rent or annual sum, together with all costs and charges incident to, or occasioned by the receiving or procuring payment of the same, or executing the trusts of the said term, or otherwise, in relation thereto. PROVIDED ALWAYS ne- One jointure vertheless, and it is my further will, that my said estates shall not in any event be chargeable with the payment of more than one such rent or annual sum, to or for any such woman or women respectively, at any one and the same time. PRO- Power to charge VIDED ALSO, and it is my further will and desire, portions. that it shall be lawful for my said son

and

also for every other of my sons, who for the time

only to be

chargeable at

the same time.

premises with

WILLS.

Strict

(Full Form.)

being shall be entitled in possession to my said manors, lands, and hereditaments, under this my Limitations will, when of the age of twenty-one years, by any such deed or deeds, or instrument or instruments in writing, to be executed and attested as lastly aforesaid, and to be made upon, or previously to his or their marriage or respective marriages, to charge the same, or any part thereof, with the payment of any sum or sums of money not exceeding £ (1), for the portion or portions of any younger son or younger sons, or any daughter or daughters of such marriage, not for the time being entitled to the said hereditaments, either in possession, or remainder, expectant on the decease of my said son or sons respectively under this my will, with interest for such joint portions respectively, not exceeding £4 for every £100 by the year; and to make the said portion or por

to number of

children.

Maintenance to (1) If it be the testator's desire that the sum to be raised
be in proportion should be in proportion to the number of children, add,
"If there shall be but one such child, for the portion of
such child the sum of £ ; if there shall be two such
children and no more, and if there shall be more than two
children, then not exceeding the sum of £ for the
portion of such children; provided always, that in case any
such children being more than two shall be reduced to that
number, such two children shall not be entitled to have a
greater sum than the said sum of £ raised for their

portions respectively; and if such children shall be reduced
to one only younger child, such one child shall not be en-
titled to have more than the first mentioned sum of £
for his or her benefit as aforesaid.”