tions payable to such daughters or younger sons respectively, at such age, day, or time, or ages, days, or times, and if more than one, in such shares and proportions, and either to the partial or total exclusion of any one or more of them, and subject to such conditions, restrictions, and limitations over, (the same being to or for the benefit of some one or more of them), as they my said sons respectively shall think fit, and shall by any deed or deeds, instrument or instruments in writing, by him or them signed, sealed, and delivered in the presence of, and attested by two or more credible witnesses, direct, limit, or appoint, with full power and authority for every of my said sons to demise or create any term or terms of years, of or in the said hereditaments, or any part thereof, for the better raising or securing the payment of such portion or portions, and interest, [provided always nevertheless, and the aforesaid is upon condition only that the like or an equal sum of money to that which shall be so charged upon the said hereditaments be settled and secured for the benefit of such younger son or sons, or daughter or daughters, by or out of the portion or portions of the woman or respective women with whom he or they shall so marry (1).] WILLS. Strict Limitations. (Full Form.) (1) If the estate be given to trustees for a term of 1000 years Term for raising for raising portions, &c. for the testator's younger children, the portions. ALSO I give and devise all those messuages or of and all other the leasehold estates which I shall have or be possessed of at the time of my decease (3), unto the said Estates per autre vie devisable. Estates per auire vie limitable to heirs. Leaseholds. (1) By 29 Car. II. c. 3, s. 12, it is enacted that any estate per autre vie shall be devisable by will in writing, signed by the party devising the same, or by some other person in his presence, and by his express direction; and attested and subscribed in the presence of the devisor by three or more witnesses. (2) Estates per autre vie, (which include leaseholds during subsisting lives, with covenants for perpetual renewal), are nearly similar to estates in fee, and may be devised either absolutely or for life, with remainder over in tail; Proctor v. Bp. Bath and Wells, 2 Hen. Blac. 358. And a devise of such estate absolutely if holden in tail, will, according to some opinions, bar the entail equally with a common law conveyance; see Doe dem; Blake v. Luxton, 6 Durnf. and E. 292. But this has by others been doubted; see Campbell v. Sandys, 1 Sch. and Lef. 295, and should not therefore be relied on. (3) It was formerly holden that a chattel interest could not WILLS. Strict Limitations. (Full Form.) (trustees) their executors, administrators, and assigns, for and during all the residue and remainder of the several terms for years or lives, which shall be to come and unexpired of or in the same respectively, at the time of my decease, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisos, and directions hereinafter given or expressed concerning the same (that is to say), UPON TRUST, in the first place, that they the said Upon trust out be limited over after a devise to one for life, because a life-estate being greater than a term for years, a devise for life would necessarily pass the whole term; but such a devise over is now holden to be good by way of executory devise; see Manning's Ca. 8 Co. 95, Stephens v. Stephens, Ca. Temp. Talb. 228. And although the term be in contingency only, (as when the testator is not entitled to it till the decease of another), it will be devisable like other possibilities; Veizy v. Pinwell, Pollexf. 44. Kempland v. Courtney, 2 Freem. 250; and see Wind v. Jekyl, 1 P. Wms. 572; Wright v. Wright, 1 Ves. 409; but a limitation of chattels or personalty after an indefinite failure of issue is too remote and void; the failure of issue must therefore be confined to the time of the death of the party, or other definite period; Crooke v. De Vandes, 9 Ves. jun. 197; Boehm v. Clarke, ib. 580; and vid. Campbell v. Sandys, 1 Sch. and Lef. 281; but subject to this rule, chattel or personal property may be limited for any number of lives in being, not exceeding that to which testimony can be applied to determine when the survivor drops; Thelluson v. Woodford, 11 Ves. jun. 146. Where, however, leaseholds or personalty are limited by reference to a previous strict settlement of freeholds in the same will, they will, as has been before observed, vest absolutely in the tenant in tail on his birth; Webb v. Webb, 1 P. Wms. 132; Foley v. Burnet, 1 Brow. Ch. Ca. 274; Ware v. Polhill, 11 Ves. jun. 257; and see ante, Class VII. No. V. p. 538, n. (†), p. 557, n. (1). of rents, &c. to repair and pay ground-rents. WILLS. Strict Limitations. (Full Form.) And renew leases. (trustees) and survivor of them, and the executors and administrators of such survivor, and their and his assigns, do and shall, by and out of the rents, issues, and profits of the said leasehold premises, from time to time duly pay, satisfy, and perform the several rents, covenants, and agreements, which in the subsisting leases, or any future leases to be taken of the said premises respectively, are or shall be reserved or contained, on the tenant or lessee's part, or his or their executors and administrators to be paid, performed, or observed; and also do and shall, by and out of the rents, issues, and profits of the same premises, or by and out of other my personal estate, or by such other ways and means as they or he shall think best, raise such sum and sums of money as shall be sufficient to pay the fines and expenses of renewing the leases of such premises as are or shall be holden for, or determinable with any life or lives, or for any renewable estate or interest, when, and as often as there shall be occasion, or they or he And surrender shall consider it advisable so to do; and do and shall, from time to time, renew the said several leases accordingly, and for that purpose surrender and yield up the then subsisting lease or leases of the said premises, and the terms, estates, and interests then to come therein respectively, and do and perform all such other acts and things as shall be requisite or expedient for effectuating such renewals, and vesting the terms, estates, and interests, in or by such new leases to be granted, for that purpose. WILLS. Strict Limitations. (Full Form.) to sons for life. in them the said trustees or trustee, their executors, administrators, and assigns, upon and for the same trusts, intents, and purposes, as in this my will are limited or directed, relative to or concerning the present subsisting leases and premises therein mentioned; AND UPON FURTHER Further trusts TRUST that they the said (trustees) and the survivor of them, and the executors, administrators, and assigns of such survivor, and their and his assigns, do and shall (subject to the trusts hereinbefore declared concerning the same) stand and be possessed of all and singular the said leasehold premises respectively, whether holden for any life or lives, or for any term or terms of years determinable with any life or lives, or for any term or terms of years absolutely, IN TRUST to permit and suffer my said son the heirs of their and his assigns, to receive and take the rents, issues, and profits of the said premises for and during the term of his natural life, if my estate and interest of or in the said premises respectively shall so long continue; and from and after his de- Remainder to cease, IN TRUST to permit such person or persons body. as shall be the heir or heirs of the body of my said. son lawfully begotten, or to be begotten, and the heirs, executors, administrators, and assigns of such heirs, to receive and take the rents, issues, and profits of the same leasehold premises respectively, during the remainder of the several estates and interests therein respectively then to come; and in case there shall be no such person |