Of freehold and copyhold lands that the same may be considered as personal estate.

Of copyholds by reference to trusts of freeholds.

CXI. And it is hereby directed, declared, and agreed by and between the said A. B. and C. D., that the said freehold and copyhold messuages, lands, tenements, and hereditaments shall be held by the said A. B., his heirs and assigns; In trust (a) for the said C. D., his executors, administrators, and assigns, so that his interest therein may be as or in the nature of money or personal estate, and so that the same messuages, lands, tenements, and hereditaments may be disposed of from time to time as he, his executors, administrators, or assigns, shall from time to time direct or appoint, and for these purposes shall be liable to be sold at any time, on the request of the said C. D., his executors, administrators, or assigns; And upon no other trust, nor for any other end, intent, or purpose whatsoever.

CXII. To the use of the said A. B. and C. D., their heirs and assigns for to be held of the lords of the said reever, spective manors, by the rents and services therefore due, and of right accustomed; nevertheless upon such trusts, to and for such intents and purposes, and with, under, and subject to such powers, provisoes, agreements, and declarations as, regard being had to the nature and quality of the same premises respectively, will best and nearest correspond with the uses, trusts, intents and purposes, powers, provisoes, agreements, and declarations hereinbefore limited, expressed, or declared, of or concerning the said messuages, lands, and other hereditaments hereinbefore granted and released, or expressed, or intended so to be.

(a) Or,

"In trust for the person or persons who at the time of such sale shall be entitled to the real estate so to be sold, and shall be or be deemed personal estate in the same person or persons respectively, but be subject to the same or the like limitations over as the same would have been subject to in case such annuities had been given to or vested in the same person or persons, instead of the said real estate, or as near thereto as may be, and the nature of the property will admit."

CXIII. To the use of the said A. B. and C. D., their heirs Another form. and assigns for ever, to be held by them upon and for such trusts, intents, and purposes as will correspond with the uses, charges, trusts, powers, intents, and purposes, which are hereby limited, expressed, and declared, touching and concerning the freehold lands and hereditaments of him the said E. F., hereby granted and released, or expressed or intended so to be, or as near thereto as the nature and quality of the tenure of the said copyhold premises, and the usage and customs of those manors will admit, To the intent that the said copyhold parcels of the said messuages, lands, and hereditaments may be charged or chargeable with the payment of the said annuity or yearly sum of £, and with the other uses, trusts, powers, intents, and purposes hereinbefore expressed and declared of and concerning the said copyhold parcels of the said messuages, lands, and hereditaments hereinbefore particularly described; and that in the mean time and until &c. he the said E. F., and his heirs, shall and will stand possessed of and interested in the said copyhold or customary premises, with the appurtenances, In trust for the purposes aforesaid.

holds to trustees, upon trusts by reference, to correspond with

uses of freehold.

CXIV. And I give and devise all the copyhold and cus- Devise of copytomary messuages, lands, tenements, and hereditaments, or parts or shares of messuages, lands, tenements, and hereditaments, with their rights, members, and appurtenances, in which I or any person or persons in trust for me have or hath any estate in possession, reversion, remainder, or expectancy, or any devisable interest or over which I have any power of disposition, unto the said A. B. and C. D., their heirs and assigns for ever, to be held by them upon, and for such trusts, intents, and purposes as will correspond with the uses, charges, trusts, and powers, which are hereinbefore limited, expressed, and contained of and concerning my said freehold messuages, lands, tenements, and hereditaments, or as near thereto as the nature and quality of the tenure of the said copyhold premises, and the usage and customs of the manors of which the same are parcel will admit, to the intent that the same copyhold or customary hereditaments may go along with my said freehold es

forming covenants, &c.

tates hereinbefore devised, and by way of and only be subject to the same charges and payments; and subject thereto be held and enjoyed by the same persons and for the same estates, intents, and purposes, and in the same parts, shares, and proportions, and be subject in equity to the same or the like powers of leasing, selling, exchanging, and other powers and provisoes as my said freehold estates hereinbefore devised.

Of leaseholds CXV. Upon trust to permit and suffer the said A. B. and for A. B. for life, he paying his assigns to hold and enjoy the said parsonage house and rents and per- other leasehold premises, and receive and take the rents, issues, and profits thereof during his life, for his and their proper use and benefit, he and they from time to time during his life paying the rents and performing the covenants and agreements in and by the said indenture of the &c., reserved. and contained on the part of the tenant, lessee, or assignee, to be paid, observed, and performed; and from and immediately after the decease of the said A. B., then &c.

Of leaseholds, to pay rents and perform covenants; and sub

ject thereto, upon trusts to correspond with uses of freeholds; with a provision against leaseholds vesting absolutely

in tail, until

twenty-one.

CXVI. Upon trust that they the said A. B. and C. D., and the survivor of them, and the executors, administrators, and assigns of such survivor, Do and shall in the first place, by and out of the rents, issues, and profits thereof, yearly and every year, and at all other times, duly pay, satisfy, and perform the several rents, reservations, covenants, and agreements, which are reserved and contained in the several indentures of lease, by which the same premises respectively are in infant tenant holden, reserved, and contained, on the part of the tenant or lessee to be observed and performed; and, subject to the aforesaid trusts, do and shall stand and be possessed of and interested in the said leasehold premises hereinbe fore assigned, or expressed and intended so to be, upon such trusts, to and for such intents and purposes, and with, under, and subject to such powers, provisoes, agreements, and declarations as will best and nearest correspond with the uses, trusts, intents, and purposes, powers, provisoes, agreements, and declarations hereinbefore expressed or declared of or concerning the messuages, lands, and other

hereditaments hereinbefore granted, released, and confirmed, or expressed and intended so to be, so that the same leasehold estates and premises may from time to time, so far as the rules of law and equity, and the different natures and tenures of the same premises respectively, will admit of, be In trust for the person or persons who shall for the time being be entitled to the possession or to the receipt of the rents, issues, and profits of the messuages, lands, and other hereditaments hereinbefore granted, released, and confirmed, or expressed and intended so to be, by virtue of the limitations hereinbefore contained; yet so that the said leasehold estates and premises hereinbefore assigned, or expressed and intended so to be, shall not vest absolutely, in any child or children of the said E. F. by the said G. H., his intended wife, unless such child or children shall live to attain the age of twenty-one years; But nevertheless such child or children so for the time being entitled as aforesaid shall, after the decease of the survivor of his said parents, and during such suspense of absolute vesting as aforesaid, be entitled to the rents, issues, and profits of the same estates for his or their own proper use and benefit.

ence to trusts of

former leases.

CXVII. And it is hereby agreed and declared between Of renewed and by the said parties to these presents, that they the lease by refersaid A. B. and C. D., and the survivor of them, and the heirs and assigns of such survivor, shall stand and be seised of all the premises in every such renewed lease to be comprised for and during their and his estate and interest therein, by virtue of or under such renewed lease, Upon such trusts, and with, under, and subject to such powers and provisoes as are hereinbefore expressed or declared of or concerning the said leasehold premises, so far as the deaths of persons and other circumstances will permit.

reference to trusts of stock.

CXVIII. And it is hereby further agreed and declared, of policies by that the said A. B., C. D., and E. F., and the survivors and survivor of them, and the executors, administrators, and assigns of such survivor, shall stand and be possessed of and interested in the said policies of assurance, and of and in

Of personal property, to correspond with limitations of real estate (a).

and payable and to be received in respect thereof, Upon such and the same trusts, and to and for such and the same ends, intents, and purposes, and with, under, and subject to such and the same powers, provisoes, declarations, and agreements as are hereinbefore declared of and concerning the said sum of £

CXIX. And after the death of the survivor of the said A. B. and C. D., do and shall stand and be possessed of the said sum of £, and the stocks, funds, and securities, in or upon which the same shall be invested, and of the dividends, interest, and income thereof arising after the death of the survivor of the said A. B. and C. D., in trust for the first or only son of the said intended marriage of the said

(a)" It frequently happens, that, where a real estate is limited in strict settlement, and a leasehold for years or other personal estate is intended to be settled upon corresponding trusts, the settlement is made by assigning the leasehold estate to trustees, and declaring they shall stand possessed of it upon such trusts as are previously declared of the real estate, or as near thereto as may be, or as the rules of law and equity will permit. This should never be done. The nature of real and personal estate is so different, as to make it almost impracticable to frame such a set of trusts as will, in every possible event, or even in the common contingencies, carry the personal estate in the same course of devolution as the real estate; and the modes of doing it are so various, that hardly two professional men would agree upon the same plan. The best method, therefore, is, to insert a complete set of limitations for the personal estate. If, however, from the smallness of the property, it is thought advisable to do it by way of reference to the limitations of the real estate, a declaration may be inserted, expressing that the leasehold or personal estate shall not vest absolutely in any child or children of any tenant for life, unless or until he, she, or they shall attain the age of twenty-one years; provided, however, that such child for the time being may during his minority be entitled to the rents and interest. The nature of leasehold for lives is much more analogous to that of estates of inheritance; and therefore, generally speaking, may be settled by reference to previous limitations of the fee-simple estate. The short mode of reference may be used in the power of sale usually inserted in settlements, where the parties are authorized by it to purchase leaseholds for years. See Foley v. Burrell, 1 Bro. C. C. 274; Duke of Newcastle v. Lady Lincoln, 3 Ves. jun. 387." Butler's Co. Litt. 290. b, note, sect. x.