No. XCVI. Freeholds, &c. To the use of children equally. Survivorship. thereunto do by this my writing under my hand and seal testified by the psns whose names are hereunder subscribed as witnesses hereunto direct limit and appt all and evy the manors messes Ids tents and heredts in and by the within written indre granted and reld or mentd or intended so to be with the apts thof from and immly after the dece of me the sd (H.) and (W.) my now wife to and to the use and behalf (a) of all and evy the chn [whether sons or daurs] of me the sd (H.) by the sd (W.) my wife born or to be born [except an eldest or only son for the time being of me and my sd wife] to be equally divided betn them share and share alike as tents in common and not as jt tents And the hrs of the respive bodies of all and evy the sd chn lfully issuing [except of such eldest or only son] And if one or more such chn shall happen to die witht issue then as to the share or shares of him or her or them so dying witht issue to and to the use of the survors or others of them [except as afd] share and share alike and the hrs of their respive bodies issuing [except as afd] And if all such chn but one shall happen to die witht issue or if there shall be but one such child besides an eldest or only son then to and to the use of such only child and the hrs of his or her body issuing And in deft of such issue then to and to the use of such eldest or only son and the hrs of his body And in deft of such issue then to and to the use of me the sd (H.) and of my hrs and ass for ever Provided always That if any younger son of me by my sd wife shall by the death of an elder son witht issue become an eldest or only son then and in such case and so often as the same shall happen the share and shares of such younger son so become an elder or only son shall be go and remain to and amongst the rest of my sd chn and the hrs of their respive bodies in like manner as if such younger son had been actually dead witht issue any thing hin contd to the contrary in any wise notwithPower of revo- standing Provided always That it shall be lful for me the sd (H.) at any time or times during my life by any writing or writings under my hand and seal attested by two three or more witnesses or by my last will and testmt in writg by me signed sealed and published in the presence of the like number of Provisions to a younger son becoming an elder. ation. (a) As to exclusive appointments, see Pref. sect. 6. witnesses to (a) revoke alter make void or change all and evy or any the uses and estes hby limited or apptd of or concerning the sd manor messes Ids tents and heredts and evy pt thof and by the sd writg or writgs under my hand and seal and attested as afd to limit direct and appt the same or any pt thof to or to the use of all or any of the chn by my sd wife and the hrs of their or any of their respive bodies in such pts and proportions manner and form as I shall think fit with or witht power of revocation any thing hin or in the within written indre contd to the contrary in anywise notwithstg In witness &c. see ante, No. XLVI. (b) Signed sealed and delivered being first duly stamped (c) in the presence of us. No. XCVI. Freeholds, &c. Appointment under a Power in a Settlement where old Uses are revoked and new ones are appointed, see post, PURCHASES. Conveyance by Appointment and Release from a Vendor to a No. XCVII. No. XCVII. Of Freeholds Appointment of Freehold and Copyhold Estates under a Power in and Copyholds. a Settlement, with Power of Revocation. This Indre &c. see No. LXXXV. Betn (husband) of &c. and S. his wife of the first pt (trustees) of &c. of the second pt. (eldest son) eldest son of the sd (H.) and S. his wife of the third pt (second son) second son of the sd (H.) and S. his wife of the fourth pt and (third son) third son and only or. surviving child of the sd (H.) and S. his wife and which sd (T. S.) is a minor of the age of or thereabouts of the fifth pt Whas by an (a) As to the power of revocation, see ante, Pref. sect. 5. (c) As to the stamp, see sect. 8. No. XCVII. indre of apptmt and rele bearing date the Recital of deed of appointment, and grant. Uses. and day of made betn the sd (H.) and S. his wife of the one pt and the sd (T.) of the or. pt It was witnessed That in pursuance of and obedience to a decretal order of the High Court of Chancery made in a cause whin the sd (H.) and S. his wife were pltffs and the sd (T.) were defts and in pursuance and by virtue of certain powers and authties given and reserved to the sd (wife) in that behalf and in exercise and exon thof she the sd (W.) with the privity and approbation of the sd (H.) did direct limit and appt that all and singr the freehd messes or tents heredts and preses thnfter mentd and expssd to be thby granted and reld with their and evy of their appts shd go be and remain to the use of the sd (T.) their hrs and ass for ever upon the trusts thnftr decld concerning the same And it was by the sd indre of apptmt and rel furr witnessed that in furr pursuance of the sd decretal order the sd (H.) and S. his wife did grant confirm and rele to the sd (T.) and their hrs All &c. To Hold the same unto and to the use of the sd (T.) their hrs and ass for ever upon the trusts thnftr decld of and concerning the same And by the sd indre now in recital it was decld and agrd betn the sd pties thereto and parlarly the sd (H.) did thby for himself his hrs exs ads and ass and for the sd S. his wife and her hrs covt and agree with the sd (7.) their hrs and ass that the sd (H.) and S. his wife togr with any psn or psns thin named shd as soon as conveniently might be after paymt of a certain mtge debt of £ surrender into the hands of the lord of the manor of All that &c. holden of the sd manor by the yrly rent of £ to the use of the sd (T.) their hrs and ass for ever accrg to the custom of the sd manor upon the trusts thnfter decld concerning the same And it was by the sd indre now in recital mutually decld and agrd by and between all the sd pties thereto that the sd (T.) their hrs and ass shd from thenceforth stand and be seised of or intitled to and interested in all and singr the sd freehd and customary or copyhd messe lds tents heredts and pres thinbfe mentd and described and thby limited and apptd granted or reld or intended so to be and covd to be surrendered resply as afd In trust for the sd (H.) and his ass during his life and after his dece In trust for the sd (W.) and her ass during her life for her jointure and in bar of dower and L No. XCVII. Of Freeholds and Copyholds. after the dece of the sd (H.) and S. his wife or of the survivor of them then In trust for all and evy the chn of the sd (H.) on the body of the sd (W.) begotten for such estes at such ages and in such pts shares and proportions and with such remrs and limitations over and charged and chrgbe with the paymt of such annual or gross sums [such remrs or limitations over being and chrgd to be for the bent of such chn some or one of them] and in such manner and form as they the sd (H.) and S. his wife at any time or times during their jt lives by any deed or deeds in writing with or witht power of revocation to be by both of them sealed and delivered in the presence of two or more credible witnesses shd jtly direct or appt and in deft of such jt direction or apptmt as the survor of them the sd (H.) and S. his wife by any deed &c. extd as afd or by his or her last will and testament in writing or any writing purporting to be in the nature of his or her last will and testmt or any codicil to be by him or her signed and published (a) in the presence of three or more credible witnesses shall direct or appt and in deft of any such direction or apptmt upon the sevl trusts mentd in the indre now in recital And whas by an indre bearing date the [in- Appointment of dorsed on the sd recited indre of apptmt and rele] and made betn the sd (H.) and S. his wife of the first pt the sd (T.) of the second part, and (new trustees) of &c. of the third pt after reciting that the sd mtge debt of £ had been pd but that day of no surrender of the sd copyhd heredt had been made to the sd (T.) their hrs and ass in pursuance of the covt in the sd recited indre for that purpse contd and that the sd (one old trustee) was desirous of relinquishing the trusts by the same indre reposed in him jtly with the sd (other O. T.) and had applied unto the sd (H.) and S. his wife to be dischrgd therefrom and that thereupon the sd (H.) and S. his wife had applied unto and had requested the sd (N. T.) to become a trtee for the purps of the same indre jtly with the sd (O. T.) in the stead and room of the sd (one old trustee) to which the sd (N. T.) had consented and agrd It was by the Indre now in recital witnessed that the sd (H.) and S. his wife did nominate constitute and appt the (a) As to the solemnities required by 7 W. 4 & 1 V. c. 26, in executing a power of appointment by will, see Append. No. XVII, new trustee. and Copyholds. Grant to the new trustee. Covenant to surrender copyholds. Appointment. No. XCVII. sd (N. T.) to be a trtee in the room and stead of the sd (O.T.) Of Freeholds to act with the sd (other O. T.) in the trusts mentd in the sd indre And by the sd indre now in recital the sd (O. T.) at the request and by the direction of the sd (H.) and S. his wife Did bargain sell and rele unto the sd (N. T.) and his hrs All the pres so granted and reld unto and to the use of the sd (O. T.) their hrs and ass To hold the same unto the sd (N. T.) his hrs and ass to the use of the sd (O. T.) and himself the sd (N. T.) their hrs and ass for ever upon the trusts decld in the sd indre And in the sd indre is contained a covt on the pt of the sd (H.) to surrender or procure to be surrendered all the cophds to the use of the sd (O. and N. T.) their hrs and ass upon the trusts as afd Now this indre witnesseth that by force and virtue and in exercise and exon of the power or authty to them the sd (H.) and S. his wife for this purpe given (a) by the sd recited indre of the day of and of all or. powers and authties in anywise enabling them or either of them in this behalf they the sd (H.) and S. his wife do jtly direct and appt that the sd (0. and N. T.) their hrs and ass shall immely from and after the dece of the survor of them the sd (H.) and S. his wife stand and be seised of all and singr the sd freehd and customary or copyhd messes lds tents heredts and preses described in the sd recited indre of apptmt and rele and so resply conveyed and covtd to be surrendered to them as afd and of their and evy of their appts upon and subject to the provo hnafter expssd and contd of and concerning the same that is to say as to one equal undivided third part (b) or share [the whole into three equal pts or shares to be divided] of and in the sd freehd and customary &c. with the apts In trust for the sd (E. S.) his hrs and ass for ever And as to one or. equal undivided third pt &c. of and in the same freehd &c. In trust for the sd (S. S.) his hrs and ass for And as to the remaining undivided third pt &c. In trust for the said (T. S.) his hrs and ass for ever But if the sd (T. S.) shall die under the age of 21 yrs witht leaving issue of his body living at the time of his dece then In trust for the sd (E.) and (S. S.) in equal shares as tenants in common and for Uses. ever (a) As to the effect of this clause, see ante, Pref. sect. 4. (b) As to the different kind of appointments and the Illusory Appointment Act, see ante, Pref. sect. 6. |