leases respectively made and to be made as aforesaid, To the use &c. of an annuity. XLIV. In confirmation of the said annuity or yearly sum In confirmation of £, during the life of the said A. B., and also in confirmation of the powers and remedies hereby given for enforcing the payment of the same; and subject thereto, in confirmation of the term of ninety-nine years, determinable as aforesaid, which is hereinbefore granted and demised to the said C. D., his executors, administrators, and assigns, and of the trusts declared of the same term; and afterwards, and in the mean time subject thereto, &c. mortgagee, tenendum of the lord of the ma nor, on condi tion to be void on payment of principal and interest. XLV. To the use of the said A. B., his heirs and assigns, To the use of to be held of the lord or lady of the said manor, by the rents and services therefore anciently due and of right accustomed, upon condition to be void on payment by the said C. D., his heirs, executors, administrators, or assigns, to the said A. B., his executors, administrators, or assigns, of the said sum of £, with interest for the same, after the rate, in the parts, shares, and proportions, and on or at the days or times hereinbefore mentioned or appointed for payment thereof respectively. To prevent the intervening contingent remain destruction of der on a conveyance by different tenants for life, and the reversioner with in terposed con tingent estates, XLVI. Unto and to the use of the said A. B., and his heirs and assigns, for and during the lives of E. F., G. H., and I. K., and the lives and life of the survivors and survivor of them, if the estate and interest of all or any one or more of the said granting and confirming parties shall so long continue; And from and after the determination of the estate or several estates hereby limited to or to the use of the said A. B., his heirs and assigns, for the lives of the said E. F., G. H., and I. K., as aforesaid, Then to and to the use of the said C. D., his heirs and assigns, for and during for life. the lives of the said &c., and the lives and life of the survivors and survivor of them, In trust only for and for the benefit of the said A. B., his heirs and assigns; And from and after the determination of the several estates hereby limited to and to the use of the said A. B. and C. D. respectively, and their respective heirs and assigns, for the lives to the children of the tenants Uses to extin guish power of with portions and mainte nance. of the said several persons as aforesaid, Then to and to the use of the said A. B., his heirs and assigns for ever, and for and during the several and respective estates and interests which they the said granting and confirming parties respectively have in the said manor respectively &c. hereby granted and released, or otherwise assured, or intended so to be (a). XLVII. To the use and intent, in the first place, to ancharging lands nul, release, and destroy the said power and authority so as aforesaid reserved by the said indenture of release of &c., to the said A. B., to enable him to charge by any means the said messuages &c., hereinbefore released, for raising any sum or sums of money whatsoever, for the portions of younger children, by his present or any future wife, or for the maintenance of such children; and subject thereto, To the use &c. For wife to take an annuity, as husband by will shall direct. XLVIII. And to the further use, intent, and purpose, that C., wife of the said A. B., (in case she shall survive the said A. B.), shall and may, yearly and every year, during the term of her natural life, have, receive, and take such annuity or yearly sum of £- -, as the said A. B., in and by his last will and testament, duly executed in the presence of two or (a) The object of these limitations is, by means of the intervening estate vested in the trustee, to prevent the union of the estates for life with the reversion in fee, and the consequent destruction of the contingent remainders which would otherwise ensue. For it is a well known rule, that "if the particular estates which support contingent remainders are not in esse when the contingency happens, the contingent estates can never arise, whether it happens by surrender, merger, or any other way." Butl. Fearne, p. 317. Now if in the above case the tenants for life and the reversioner had joined in a conveyance to A. B. in fee, the particular estates of the tenants for life, upon which the intervening contingent remainders depend, would have become consolidated with the reversion, and ceased to exist as particular estates. The consequence is obvious. A doubt was at one time entertained whether a court of equity would compel a purchaser to accept a title depending on the destruction of contingent remainders. Rooke v. Kidd, 5 Ves. 647. Such a title has since been held to be marketable. Hasker v. Sutton, 2 Sim. & Stu. 513. On the subject glanced at in this note, see Butl. Fearne, pp. 316-350. more credible witnesses, shall will, order, direct, or appoint, to be issuing and payable out of the said granted and released premises, at such times, and in such manner, and with such power or powers for the recovery thereof, as the said A. B., in and by his said will, shall order, direct, or appoint. XLIX. And in default of such issue, to, for, and upon, and subject to the several uses, trusts, and limitations, in and by the said recited indenture of settlement, of &c., limited, of the said messuages &c., in the said county of D., to take effect after the determination of the several estates tail thereby limited to the first and other sons of the said A. B., and with such powers to make jointures and raise portions for a daughter or daughters, younger son or sons, and to make leases, as the said premises in the county of D. stood limited under and by virtue of the said recited indenture of &c. To such uses as were declared of by a particular instrument, and particular lands with like powers of jointuring and raising portions. sons answering the description of heirs at law. L. To the use of the person or persons, who, at the In favour of perdeath of the survivor of the said A. B. and C. D., shall be the heir or co-heirs at law of the said E. F., and the heirs and assigns of the same person or persons respectively, to be divided between the same persons, if more than one, as tenants in common, and not as joint tenants, and in the same shares and proportions (either equally or unequally) as they would have been entitled to a real estate descending from the said E. F., and vesting in them as his co-heirs. LI. To the use of the said A. B. and his assigns, for and during the term of his natural life, without impeachment for any manner of waste, other than and except voluntary waste, in houses or buildings, without rebuilding others of equal or greater value within two years, and other than and except in timber, by cutting more timber for sale in any one year than shall sell for £, or felling any tree, except for repairs, in which there shall be less than feet of timber (a); And from and after the determination of the (a) When there is a prior term for raising money by felling and selling timber, say, "Without impeachment of waste, so far as is consistent with the trusts of the said term of 500 years." Limitation of without impeachment for voluntary waste, estate for life, waste, except &c. To sons successively in tail male, with re mainder to them in tail general. To daughters as tenants in common in tail ge remainders be tween them in tail general. estate hereby limited, To the use of the said A. B., for his life as aforesaid, To the use &c. LII. To the use of the first son of the said A. B. by the said C. D., his intended wife, and the heirs male of the body of such first son lawfully issuing; and on failure of such issue, To the use of the second, third, fourth, fifth, and all and every other son and sons of the said A. B. by the said C. D., his intended wife, severally and successively in remainder, one after the other, as they respectively shall be in seniority of age and priority of birth, and the heirs male of the body or several and respective bodies of the same son and sons respectively lawfully issuing; every elder of the same sons, and the heirs male of his body issuing, being always to be preferred to and to take before every younger of the same sons, and the heirs male of his body issuing; And on failure of such issue, To the use of the first, second, third, fourth, fifth, and all and every other son and sons of the said A. B. by the said C. D., his intended wife, severally and successively in remainder, one after the other, as they respectively shall be in seniority of age and priority of birth, and the heirs of the body or several and respective bodies of the same son and sons respectively lawfully issuing; every elder of the same sons and the heirs of his body issuing being always to be preferred to and to take before every younger of the same sons and the heirs of his body issuing; And on failure of such issue, To the use &c. LIII. To the use of the daughter, if only one, and if more than one, then all the daughters of the said A. B. by the said neral, with cross C. D., his intended wife, to be equally divided between or amongst them, if more than one, share and share alike, as tenants in common, and not as joint tenants, and the heirs of the body or several and respective bodies of the same daughter or daughters respectively lawfully issuing; And on failure of the issue of any one or more of the said daughters of the said intended marriage, (in case there shall be more than one such daughter), then as to and concerning the original part or share of and in the said messuages &c., which shall belong to the same daughter or daughters re spectively under the limitations hereinbefore contained, and also as to and concerning the part or share or several and respective parts and shares of and in the same messuages &c., which from time to time shall belong to or vest in or be taken by the same daughter or daughters respectively, or her or their issue, under this present limitation of cross remainders, To the use of the other or others of the same daughters, to be equally divided between or amongst them, if more than one, share and share alike, as tenants in common, and not as joint tenants, and the heirs of the body or several and respective bodies of the same daughter or daughters respectively lawfully issuing; And on failure of the issue of all the said daughters, To the use &c. LIV. To the use of the child, if only one, and if more than one, all and every the children of the (a) said intended marriage, as tenants in common, and of the several and respective heirs of the bodies of such child and children lawfully issuing; and on default of issue of any one or more such children, Then as to the original share of such child, and also as to the part or share, parts or shares of the same child and children respectively, which he, she, or they shall take under this present limitation of cross-remainders, To the use of the other or others of the same children, as tenants in common if more than one, and the heirs of the body or respective bodies of such last-mentioned child or children lawfully issuing. LV. To the use of the child, if only one, and if more than one, all the children of the said A. B., by the said C. his wife, if more than one, share and share alike as tenants in common and not as joint tenants, and his, her, For children as tenants in com mon in tail general, with cross remainders. (Short form). To children as tenants in com- under twenty one without is sue. (a) Or, according to circumstances,— "Of the marriage of the said A. B. with any husband or husbands with whom she may at any time, and from time to time, intermarry.' Or, "of the said C. D., by any woman with whom he may. marry after the decease of the said A. B." |