WILLS. Strict Limitations. (Full Form.) Devisee to as of devisor. Proviso that a Devisee shall assume the Name and Arms of the Testator. do and "PROVIDED ALWAYS, and it is my will and desire, and sume name, &c. I do hereby direct that all and every the person and persons to or for whose use the manors, messuages, lands, and hereditaments hereinbefore devised or limited in remainder from and after the decease of my said son shall and as when and within the space of twelve calendar months next after they shall severally become entitled thereto in possession under or by virtue of this my will; and also that all and every the person or persons whom any of my said daughters, or any issue female of any or either of my said sons or daughters respectively shall marry, if such issue female shall at the time of such marriage be so entitled as aforesaid, then within the space of twelve calendar months next after the solemnization of the said marriage; or if such issue female shall not at the time of her or their marriage or respective marriages be so entitled, then within the like space or period after she or they shall be so entitled, assume and take upon himself and themselves the sirname of (they respectively not being of that name) and by such name only and no other thenceforth to style and subscribe themselves respectively in all deeds, instruments, and writings, and on all other occasions, and also do and shall bear and use the arms of my family either alone or together with his or her own family arms, in case his Majesty's royal licence and authority for the taking and assuming the said sirname, and bearing and using the said arms can be by any means obtained; and in case any such person or persons shall refuse, decline, or neglect to take, assume, and use such sirname and arms respectively, or to endeavour to obtain such licence as aforesaid for that purpose for the space of twelve calendar months after they shall severally become so entitled as aforesaid, (they being respectively of the age of twenty-one years or upwards) then and as often WILLS. Strict Limitations. as the case shall happen, the estate and interest of him, her, or them, of or in the said manors, messuages, lands, tenements, and hereditaments, shall from and immediately after the expiration of the said space of twelve calendar months (Full Form.) cease, determine, and be void to all intents and purposes whatsoever, and every the said manors, messuages, lands, tenements, and hereditaments so devised as aforesaid, shall immediately thereupon go to the person or persons who shall then be next in remainder under or by virtue of the devise or limitation hereinbefore contained, in the same manner as if he, she, or they so refusing, declining, or neglecting as aforesaid, if tenant or tenants for life, was or were actually dead, or if tenant or tenants in tail was or were dead without issue, and then and in such case all and every the same manors, messuages, lands, tenements, and hereditaments shall immediately thereupon go to the person or persons who shall then be next in remainder under or by virtue of the devise or limitation hereinbefore contained respecting the same; but nevertheless without prejudice to any lease or leases which prior to such cessation or determination of the said estate and interest had been granted of any of the said hereditaments in pursuance of the power in that behalf hereinbefore contained. PROVIDED ALWAYS that any such cessation or determination of the estate of any tenant for life shall not operate to destroy or prejudice any of the contingent uses or estates hereinbefore limited in remainder to his or her sons or other issue respectively, or other person or persons to whom such uses or estates are so hereby limited, but that the remainders hereinbefore limited to the said (trustees) and their heirs during the lives of such tenants for life shall upon every such cessation or determination, take effect and continue for preserving and giving effect to such contingent uses and estates as they shall respectively arise, and that such trustees and their heirs shall during the suspension or contingency of the use or estate then next in remainder or expectancy, but no longer, receive, pay, and apply the rents and profits of the hereditaments which would have belonged to such tenant for life, if no such cessation or determination had WILLS. Strict Limitations. taken place, unto such person or persons, and for such intents and purposes, and in such manner as the same would have been payable or applicable under or by virtue of the (Full Form) limitations and powers of this my will in case such tenant for life were then actually dead, but charged and chargeable nevertheless, and subject and without prejudice to any such jointure or jointures, portion or portions, and the term or terms of years, and other remedies for the same respectively, and such lease or leases as the person or persons so neglecting or refusing as aforesaid, shall before such cessation or determination of the estate have directed to be raised or charged upon or out of the said hereditaments or any of them, pursuant to and by virtue of the powers hereinafter for those purposes respectively contained, or any of them." WILLS. Strict Limitations. (B.) Power of Leasing where the Trustees are not restrained (Full Form.) from taking Premiums, &c. See ante, p. 739, n. (1). Trustees may lease in rever "AND also upon trust in the meantime, and until the said messuages, lands, and hereditaments shall be sold sion, &c. and disposed of, and as to such of them as shall from time to time remain undisposed of, that they the said trustees and trustee for the time being shall or lawfully may (and he and they are hereby expressly empowered so to do, if they or he shall think fit) demise, or lease, and assure the same, or any part thereof unto or to the use of any person or persons for any term or number of years, or for any life or lives, and either at or without a rent or other sufficient annual or other rent or rents, or at or for any sum or sums of money, by way of foregift or premium, and to take effect either in possession or in reversion, or in any other lawful manner or form whatsoever at their or his discretion." 3 D VOL. VII. WILLS. Strict Limitations. (Full Form.) Devise of lands to be sold. Devise of Lands in Trust to be Sold. AND as to and concerning my messuages or tenements, with the lands and appurtenances thereunto belonging, situated at I give and devise the same unto (two other trustees) their heirs and assigns, upon and for the trusts, intents, and purposes following, that is to say, UPON TRUST, that they the said (trustees) and the survivors and survivor of them, and the heirs, executors, or administrators of the survivor, and their and his assigns, do and shall, as soon as conveniently can be after my decease, sell and absolutely dispose of the same, either together or in parcels, and either by public auction or private contract, as they or he shall think best, for such price or prices, or sum or sums of money, as in their or his opinion can be obtained or reasonably expected for the same, (having their title thereto previously inves tigated by counsel (1), and to convey and assure the premises which shall be so sold, to the purchaser or several purchasers thereof, and their heirs, or otherwise, as he, she, or they shall direct Trust for sale. (1) When a testator devises an estate in trust to be sold, he should always have the title previously submitted to counsel, that any defect or doubts may be cleared up; for otherwise, as the trustees will not covenant for the title, they may have great difficulty in carrying the trusts into execution; see INTRODUCTION, ante, (after p. 696.) |