To jointure.

the right to such option shall continue under and by virtue of these presents.

XXI. Provided always, and it is hereby agreed and declared by and between all the said parties to these presents, That it shall and may be lawful to and for the said A. B., whether he shall or shall not come into and be in the actual possession of the said manor, &c., by virtue of or under the limitations hereinbefore to him made thereof as aforesaid, and either before or after his intermarriage, by any deed or deeds, or instrument or instruments in writing, with or without power of revocation, to be sealed and delivered by him in the presence of, and to be attested by, two or more credible witnesses, or by his last will and testament in writing, to be by him signed in the presence of, and to be attested by, two or more such witnesses, to grant, limit, or appoint unto or to the use of any woman or women whom he the said A. B. may hereafter marry (a), for her or their life or lives, and in full or in part only for her or their jointure or jointures, and in lieu (b) of her or their dower, to take effect after the death of him the said A. B., any annual sum or yearly rent-charge, to be issuing out of, and charged and chargeable upon all or any, or any part of the said manor &c., hereinbefore limited and appointed, granted and released, or otherwise assured, or intended so to be, so as such annual sum or yearly rent-charge do not exceed the sum of £by the year, during the life of the said C. B., and do not exceed the yearly sum of £- - after the decease of the said C. B., and to be free from all taxes and deductions whatsoever, parliamentary or otherwise, and to be payable quarterly, with such powers of distress and entry for the re

(a) Or, as the case may be,

"with the consent of the said C. D. during his life, such consent to be testified by some writing under his hand, and after his decease, without such consent."

(b) Or,

"without being in lieu."

covery of such annual sum or yearly rent-charge when in arrear, and such term or terms of years for the better securing the due payment thereof, to take effect immediately (a) after the decease of the said A. B., as to him the said A. B. shall seem meet.

second wife.

XXII. Provided always, and it is hereby agreed and de- To jointure a clared between and by the said parties to these presents, That in case the said G. H. [first wife] shall depart this life in the lifetime of the said E. F. [husband], it shall be lawful for the said E. F., at any time or times thereafter, by any deed or deeds, instrument or instruments in writing, with or without power of revocation, to be by him sealed and delivered in the presence of and to be attested by two or more credible witnesses, or by his last will and testament in writing, or any codicil or codicils thereto, to be by him signed and published in the presence of and to be attested by two or more credible witnesses (but subject and without prejudice to the said term of one thousand years, and to the trusts thereof), to limit or appoint unto or to the use of any woman or women whom he the said E. F. shall marry after the decease of the said G. H., for the life or lives of such woman or women respectively, for her and their jointure and jointures respectively, and in bar or without being in bar of her or their dower or thirds by the common law, or by custom or otherwise, any annual sum or annual sums, yearly rent or yearly rents, not exceeding the annual sum or yearly rent of £ for the life or lives of any such woman or women, such annual sum or annual sums, yearly rent or yearly rents, to be issuing and payable out of and charged and chargeable upon all or any part of the manors, lands, and other hereditaments hereinafter granted and released, or expressed and intended so to be, and to be paid half-yearly or quarterly, at such place and places, and in such manner, and with such powers and remedies by distress, entry, deten

(a) Or,"at any time."

Another form.

To jointure. (In wills).

tion of the possession, and perception of the rents, issues, and profits of the said manors, messuages, lands, and other hereditaments, and to be secured by such term or terms of years, with or without impeachment of waste, to take effect immediately after the decease of the said E. F., and subject to the estate hereinbefore limited to the said A. B. and C. D., such limitations or appointments to be made either before or after such intermarriage or intermarriages respectively, as to the said E. F. shall seem meet.

XXIII. Provided always, that in case the said E. F. shall survive the said G. H., it shall be lawful for him the said E. F., by any deed to be sealed and delivered by him in the presence of and attested by two or more credible witnesses, or by his last will and testament in writing, or any codicil thereto, to be by him signed and published in the presence of and attested by two or more credible witnesses, to appoint to the use of any woman whom he may happen to marry, any annual sum not exceeding £ of lawful money of Great Britain, to be issuing out of all or any part of the said manors and other hereditaments, and to be paid quarterly, with usual powers of distress and entry, and perception of the rents, issues, and profits; and as a further security for the payment of the same, to appoint the hereditaments so to be charged to one or more trustee or trustees, for a term of years, in trust to raise the same by the usual ways or means, or any of them, or by mortgage.

XXIV. Provided also, and I hereby declare, that it shall be lawful for the said A. B. during his life, and after his decease for every person hereby made tenant for life of my said manors, lands, and other hereditaments, and either before or when they respectively shall for the time being be entitled to the actual possession, or to the rents, issues, and profits of the same, by virtue of the limitations hereinbefore contained, by any deed or deeds, with or without power of revocation, to be by them respectively sealed and delivered in the presence of, and to be attested by two or more credible witnesses, or by their respective last wills and testaments in writing, or any codicil or codicils thereto, to

be by them respectively signed in the presence of, and to be attested by two or more credible witnesses, to limit or appoint unto, or to the use of, or in trust for any woman or women, whom they respectively have married or shall marry, for the life or lives of such woman or women respectively, for her or their jointure or jointures respectively, and in bar or without being in bar of her or their dower, any annual sum or sums of money not exceeding in the whole the clear yearly sum of £ for any such woman, to be issuing out of, and charged or chargeable upon all or any part or parts of the said manors, lands, and other hereditaments hereinbefore devised, to be secured by such powers of distress and entry, and detention of the possession and perception of the rents, issues, and profits of the same hereditaments, and such term or terms of years, with or without impeachment of waste, to take effect immediately after the decease of the person or persons so respectively making such limitation or appointment as hereinbefore is mentioned, and such limitations and appointments to be made, either before or after such intermarriage or intermarriages respectively, as to the said A. B., or other person or persons making the same, shall seem meet: But I expressly declare, that the manors, lands, and other hereditaments hereby devised as aforesaid, shall not, under or by virtue of the power for that purpose herein before contained, be at any one time subject or liable to the payment of any annual sum or sums of money, exceeding the principal sum of £ in the whole, for the jointures of any such women, so that the payment of the annual sum occasioning any excess beyond the said sum of £ shall, during the time of such excess, be suspended; and also that if any such person or persons shall exercise the aforesaid power of jointuring, before he or they shall be so entitled to the possession or to the receipt of the rents and profits of the said manors, lands, and other hereditaments, in every such case, the said jointure or jointures shall not take effect upon or charge my said estates, unless and until the person or persons so exercising the said power shall become, or if living, would have become entitled, under the limitations herein before contained, to the actual possession, or to the rents and profits of my said estates.

To jointure. (In wills).

To enable in

tended wife to

appoint any sum

not exceeding

of any children

of the marriage, of the appoint

who at the time

a given age;

such appoint

ment not to pre

judice the right of such child or

XXV. And I hereby authorize and empower the several persons to whom all or any of the aforesaid manors, plantations, lands, and hereditaments, are by this will given or devised for life, when and as they respectively shall come to the actual possession of the said hereditaments and premises, or any part thereof, by any deed or deeds, writing or writings, under their respective hands and seals, attested by two or more credible witnesses, to grant, settle, limit, or appoint any part or parts of the same manors, lands, and hereditaments, or any rent-charge or annuity to be issuing thereout, not exceeding the yearly sum of £ in the whole, unto, or in trust for, or to the use of any woman or women with whom they may respectively intermarry, (either before or after such marriage), for the life or lives of such woman or women, and to grant and limit any powers of entry and distress for the recovery and receipt of such annuity or rentcharge, as they may respectively think fit, and to limit and create any term or terms of years to any trustee or trustees for the better securing the same.

XXVI. Provided always, and it is hereby declared and agreed, by and between all the parties to these presents, that notwithstanding any thing hereinbefore contained, and in favour notwithstanding the coverture of the said G. H., by her said intended or any future husband, it shall or may be lawful to and for the said G. H., by any deed or deeds, or instrument ment shall be of or instruments in writing under her hand, to be attested by two or more credible witnesses, or by her last will and testament in writing, or any writing in the nature of or purporting to be her last will and testament, or by any codicil or codicils thereto, to be respectively signed and published by her, in the presence of two or more credible witnesses, and to be attested by the same witnesses, to direct or appoint, that any sum or sums of money, not exceeding in the whole £ of lawful money of Great Britain, shall be raised by or out of the said trust monies, stocks, funds, and securities, for the benefit of any child or children of the said intended marriage, who at the time of such direction or appointment, being a son or sons, shall be of the age of fifteen years at least, or being a daughter or daughters, shall be of

children to their share of the residue of trust-monies.

(In marriagesettlement of trust-money).