By reference, as if testator had been legally seised at the time of his decease. Uses by refer ence to uses would have pointment. And as to all the residue of the said messuages &c., and every part and parcel of the same, with their and every of their rights, members, and appurtenances, To such uses, upon such trusts, and for such ends, intents, and purposes, as the said A. B. hath declared or shall declare thereof, either by particular description or by general words, as his own absolute property, in or by his last will and testament in writing, duly executed and attested, or to be duly executed and attested, or by any codicil or codicils thereto, also duly executed and attested, or to be duly executed and attested; And subject to such dispositions as aforesaid as are or shall be made thereof by the said A. B., and in the meantime, till the same will or wills, codicil or codicils, shall take effect, and with full power of revoking or altering the same will or wills, codicil or codicils, To the use of the said A. B., his heirs and assigns, for ever; Nevertheless, as to such and so many of the said lands and hereditaments as were given by or taken from the said A. B., upon any private contract or agreement for an exchange or exchanges, subject to the exchange or exchanges thereby made, and all agreements concerning the same exchange or exchanges, and all benefit and equity by reason thereof. XXXII. To such uses &c. as the same messuages &c. would now respectively have stood limited, settled, and assured, in case the said A. B. had been legally seised thereof for an estate in fee simple in possession at the time of his death, in confirmation of &c., and for the purpose of giving effect to the dispositions made by the person or persons who for the time being hath or have been the equitable owner or owners of the same messuages &c., according to his, her, and their respective estate and interest therein, and to no other use, or upon no other trust, nor for any other end, intent, or purpose whatsoever. XXXIII. To such uses, upon such trusts, and for such to which estates ends, intents, and purposes, and under and subject to such stood limited, if powers, provisoes, declarations, and agreements as the A. B. and C. D., messuages, hereby released or otherwise assured &c., instead of hav- would have stood limited, settled, and assured, at the time ing the legal es of the execution of these presents, in case the said A. B. and C. D., instead of having the said legal estate as a continuing interest by virtue of the hereinbefore in part recited will of the said E. F. deceased, had been merely devisees to the uses and trusts declared by the will of the said E. F., and the same uses and trusts had been executed by the statute for transferring uses into possession, or as near thereto as may be, and the circumstances of the case and the rules of law will admit, and to no other use, upon no other trust, and for no other end, intent, or purpose what soever. XXXIV. To such uses, and for such estates, and under and subject to such powers, provisoes, agreements, and declarations as the same messuages &c. would have stood limited, settled, and assured, under or by virtue or means of the within-written indenture, if the said A. B. had been named in the same indenture as a trustee, in the place or stead of the said C. D., for all the purposes for which the said C. D., either alone or jointly with any other person or persons, was to be a trustee under or by virtue or means of the same indenture, or as near thereto as may be, and the nature of the case, the deaths of parties, excepting the said C. D., and the circumstances of the case will admit, and to no other use, and upon no other trust, and for no other end, intent, or purpose whatsoever. tate by virtue of recited will, had been merely devisees to the of the will. uses and trusts In conveyance to new trustee and old trustee. By reference, settlement, and as declared by as if lease and release had not been made, and change trustees. XXXV. To the uses, upon the trusts, and for the ends, intents, and purposes, and with, under, and subject to the powers, provisoes, declarations, and agreements, and charged and chargeable with such sums of money, and with such limitations over, to, for, with, under, and subject to which in order to the said messuages &c. hereinbefore mentioned would, under and by virtue of the said indenture of release and settlement, stand and be limited, subject, and liable to, in case these presents had not been made or executed, and the names of the said A. B. and C. D. had in the said indentures of release and settlement been inserted instead of the names of the said E. F. and G. H., and the said messuages &c. had been thereby conveyed and assured unto the said A. B. and Limitation for term. C. D., and their heirs, instead of being thereby conveyed unto the said E. F. and G. H., and their heirs, and the estate, trust, powers, and authorities which by the said indenture of release were given or limited to the said E. F. and G. H., and their heirs, or to the said J. K., and the survivor of them, and his heirs, had by the said indenture of release been limited or given to the said A. B. and C. D., and the survivor of them, and the heirs and assigns of such survivor; And to, for, or upon no other use, trust, intent, or purpose what soever. XXXVI. To the uses, upon the trusts, and for the ends, the revival of a intents, and purposes hereinafter limited, expressed, and declared of and concerning the same; and so and in such manner that the said closes &c. may remain, continue, and be to the said A. B., his executors, administrators, and assigns, for and during all the residue of the said term of &c., whether the same term be or be not subsisting, and so that the same term, if extinguished, may be revived in manner hereinafter mentioned. To corroborate estate and powers of tenant for life in possession, and to make said te XXXVII. To the use, intent, and purpose of corroborating, strengthening, and confirming the estate of the said A. B. for his life, in all the said last-mentioned manors &c., and all powers and privileges annexed to that estate, and all nant dispunish- estates and interests limited or to be limited under and in able for waste as to timber, and pursuance of such powers and privileges, or any or either of to corroborate them; And to the further use, intent, and purpose, that the all his estates prior to those estate of the said A. B. may, as to and against the said C. D., of reversion in his heirs and assigns, and all persons claiming under him or fee. them, be dispunishable or not answerable or accountable, in any manner howsoever, for any waste which the said A. B. may in future commit on the said last-mentioned manors &c., in respect of any timber trees growing or to grow on the same manors &c., or any of them, and for corroborating, strengthening, and confirming all other the estates and interests limited previously or antecedently to the devise or limitation to or in favour of the first son of the said E. F. deceased, or such of the same uses, trusts, ends, intents, and purposes, as are now existing or capable of taking effect; And after the determination of the said prior estates, and in the mean time subject thereto, and to the said powers and privileges, and the estates and interests to be limited by virtue thereof, To the use of the said C. D., his heirs and assigns for ever. lands, and creating a similar term of the same duration, &c. in other lands. XXXVIII. To the use of the said A. B., his executors, Confirming a term in part of administrators, and assigns, for the term of one thousand years, to be computed from &c., and thence next ensuing, and fully to be complete and ended, without impeachment of or for any manner of waste, for the purpose of creating a term of one thousand years in such and so many and such parts, if any, of the same closes &c. as are not comprised in the term of one thousand years which was limited or demised to the said A. B., his executors, administrators, and assigns, as aforesaid, and for the purpose of confirming and giving effect to the same term of one thousand years in such and so many and such parts of the same closes &c. as are comprised in that term; subject nevertheless to the proviso or agreement for redemption hereinafter contained. And from and immediately after the expiration or other sooner determination of the said term of one thousand years, hereby limited or confirmed to the use of the said A. B., his executors, administrators, and assigns, and in the meantime subject thereto, &c. XXXIX. In the first place, to corroborate and confirm the said use or estate, which by the said recited indenture of &c., was limited of and in the said premises to the said A. B. for her life, and also all powers, remedies, and other provisoes annexed to the same estate, or contained in the same indenture for her benefit; and subject thereto, &c. XL. In the first place, in confirmation and for the Confirming purpose of giving effect to the said term of one thousand mortgage term. years, for all the residue thereof, and vesting the now residue of the said term in the said A. B., his executors, administrators, and assigns, according to the true intent and meaning of these presents: subject nevertheless to the proviso or agreement for redemption hereinbefore con Confirming leases. Confirmation of to rents and co tained; and from and after the expiration of the said term of one thousand years, and in the meantime subject thereto, To the use, &c. XLI. In the first place, to the use, intent, and purpose to confirm all and singular the said several hereinbefore mentioned indentures of lease, made to the said A. B., and to the said C. D., and to the said E. F. respectively, and for giving continuance and effect to the terms, estates, rights, and privileges, granted by the several indentures or agreements creating such leases, according to the true intent and meaning of the same indentures; subject nevertheless, during the continuance of the same terms respectively, to the like rents, covenants, conditions, and agreements, as are reserved by or contained in the same indentures of lease respectively, as incident to the reversion and inheritance hereby released, or intended so to be, and to continue for all the period of the duration of the same leases, estates, and interests respectively; And, subject and without prejudice to the said several indentures of lease, and the terms and estates therein expressed to be thereby granted, To the use &c. XLII. To the use, intent, and purpose to confirm and leases, subject give effect to the several leases hereinafter excepted, and all venants thereof, the estates, rights, powers, and privileges thereby granted, and with the like right of way and road as is hereby limited or appointed; subject nevertheless to the same or the like rents, covenants, conditions, and agreements, as are reserved by and contained in the same indentures of lease respectively, as incident to the reversion and inheritance hereby appointed, or otherwise assured, or intended so to be. as incident to reversion and inheritance conveyed, and with right of way reserved by ap pointment. Confirmation of power of leasing, be thereunder made, or previously made XLIII. To the use &c., In confirmation of the said and of leases to power of leasing, and in confirmation and for giving effect to all leases to be hereafter made under or by virtue of and pursuant to the said power, and also in confirmation and for and enumerated the purpose of giving effect to the several leases mentioned or specified in the schedule hereunder written or hereunto annexed; And, subject to the same power, and to the said in schedule. |