Provided always and the sd direct and appt that it shall No. XCVII. Of Freeholds and Copyholds. their respive hrs and ass for ever (H.) and S. his wife do hby furr be lful for them the sd (H.) &c. at any time or times during Power of revotheir jt lives by any deed or deeds writing or writings with or cation. witht power of revocation (a) to be by both of them sealed and delivered in the presence of two or more credible witnesses or for the survivor of them the sd (H.) &c. at any time or times during the life of such survor by any deed &c. to be by him or her extd as afd or by his or her last will or testament in writing or any writing &c. to be by him or her signed and published in the presence of and to be attested by three or more credible witnesses to revoke all or any of the trusts hinbefe apptd of and concerning the sd messes &c. and in lieu of the trusts so revoked to appt such or. trusts as the said (H.) &c. or the survivor of them shall conformably to the power or authty in that behalf contd in the sd recited indre think proper any thing hebefe contd to the contrary notwstandg. In witness &c. see ante, No. LXXX. No. XCVIII. Appointment of a Freehold in Trust for Creditors. This Indre &c. see No. LXXXV. Betn (Debtor) of &c. of the one pt and (Trustees) of &c. of the or. pt three crs and also trees named and appt in and by an indre of assnmt of three pts bearing even date herewith and made betn the sd (D.) of the first pt the sd (T.) of the second pt and (Creditors) the sev psns pties thto being jt and separate crs of the sd (D.) of the third pt Whas by indre of feoffment bearing date the day of [with livery of seisin theron indorsed] and made betn (husband) and S. his wife then late only child and heiress of therein described of the first pt the sd (D.) of the second pt and (trustee) of &c. a trustee for the sd (D.) of the third pt It is witnessed that for and in conson of £ to the sd (H.) and S. his wife pd by the sd (D.) and 5s. to him pd by the sd (T.) he the (4) In an appointment by deed, such a power must be expressly reserved, see ante, Pref. sect. 5. No. XCVIII. In Trust for Recital of feoffment to debtor, Power of appointment, No. XCVIII. sd (H.) and S. his wife did by the direction of the sd (D.) give In Trust for Creditors. grant enfeoff and confirm unto the sd (D.) his hrs and ass All &c. To Hold the same to the sd (D.) his hrs and ass to the uses thin decld that is to say To the use and behoof of such psn and psns and to and for such estes uses intents and purps as the sd (D.) in and by any deed or deeds writing or writings to be sealed and delivered by him in the presence of and to be attested by two (a) or more credible witnesses or in and by his last will and testmt in writing to be by him duly exted and attested by three (a) or more credible witnesses should direct declare give devise convey grant limit or appoint the same and in the mean time and until such direction &c. should be made and extd And subject thereto To the use of the sd (D.) and his ass for and during the term of his natural life witht impeachment of waste And from and after the determination of that este by any manner in his life-time To the use of the sd (T.) his hrs and ass for and during the natural life of the sd (D.) In trust nevss for him the sd (D.) and his ass and to permit and suffer him and them to rece and take the rents issues and profts to and for his and their own use and bent and from and immly after the determination of the este so limited to the sd (T.) and his hrs as afd And subject thto to the use of the sd (D.) his hrs and ass for ever And whas in E. term next after the date of the sd recited indre of feoffment the said (H.) and S. his wife levied a fine of the sd heredts and pres in pursuance of a covt for that purpe in the sd indre contd as by the sd indre duly registered at in the county of will more fully appear And whas the sd (D.) entered into ptshp with in the trade in the county of and by divers losses and misfortunes they are become unable to pay and satisfy their jt and separate crs the whole of their respive debts And whas by the sd indre of assnmt of three pts hnbefe-mtd after reciting that such losses and misfortunes had happened and that the sd (D.) and his sd ptnrs were desirous of rendering to their sevl crs the utmost satisfaction in their power and had proposed to convey and assign as well all their jt property as also their separate Fine. Losses by debtor and partner. Agreement to convey joint and separate estate. of at (a) This difference in the mode of executing an appointment by deed or will is now rendered unnecessary by the late Will Act, 7 W. 4 & 1 Vict. c. 26, see Appendix, No. XVII. No. XCVIII. este and effects real and psl in manner thin-mentd and that the sd (D.) had also proposed to limit and appt the sd hereds and pres hnbefe and hnaftr mentd to the same trustees and for the same uses and under and subject to the same provo as are thin contd and expssd Now this Indre witnesseth that in exon of Testatum. his sd proposal and to the end intent and purpe afd and in conson of 5s. of &c. to him the sd (D.) in hand pd at or befe the sealg and delivery of these prests by the sd (trees) the rect &c. He the sd (D.) by virtue and in pursuance of the power Appointment. in the hnbefe recited indre of feoffment contd and in the exercise of all or. powers and authties to him thby reserved in him now being and to him of right belonging hath directed declared granted conveyd limitd and apptd and by this present deed in writing sealed and delivered by him the sd (D.) and attested by two credible witnesses whose names are hereon indorsed Doth direct declare &c. unto the sd (trustees) their hrs and ass All &c. with all and evy their respive rights members and appts and all the este right title and int of him the sd (D.) and his hrs and ass both at law and in equity To Have and to Hold to Habendum. the sd (T.) their hrs and ass to the use and behoof of them the sd (trustees) their hrs and ass for ever Upon Trust nevss to Trusts. cause the sd heredts and pres to be sold in the most advantageous manner and for the best price that can be obtained for the same and to carry over pay and apply the net proceeds of such sale or sales to the acct of the separate este of the sd (D.) under for and applicable to the respive uses and purps which are in and by the sd abovementd indre of assnmt for the bent of the jt and separate crs of himself the sd (D.) and of the sd ptnshp expssd and decld and to and for no or. use intent or purpe whatsr And the sd (D.) doth hby for himself his hrs and ass cov prom and agree to and with the sd (trustees) their hrs and ass in the manner following that is to say That the sd (T.) named in the sd recited indre of feoffment his hrs and ass shall from henceforth stand seised of the sd heredts and pres hnbefe limited and apptd to the uses and purps hnbefe decld and that he the sd (D.) his hrs or ass shall and will in case the same shall be thought nessy and when thto required by the sd (trustees) their hrs and ass join and concur in such sale or sales of Receipts of trustee to be valid discharges. tee done no act to incumber. No. XCVIII. the sd heredts and pres and procure the sd (T.) his hrs and ass In Trust for Creditors. also to join and concur thin and exte and deliver all such deeds conveys and assurs in the law as shall be valid and nessy to confirm the same And it is hby decld that the rect and rects of the sd (trustees) and survor and survors of them or the exs or ads of such survor shall be good and sufficient dischas to any purchaser or purchasers of all or any pt of the sd heredts and preses at any such sale or sales and that such purchaser or &c. shall not be bd to see to the applcon or be in any respect liable for or accountable to any psns whmsr either for the nonapplication or misapplication of all or any pt of the purchaseDebtor or trus- money to be pd by them for the same And also the sd (D.) doth hby furr covt &c. to and with the sd (trustees) their hrs and ass that neither he the sd (D.) nor the sd (T.) hath or have at any time or times htofe made done committed or extd any act deed matter or thing whtsr whby or on acct whof the sd heredts and pres or any pt thof are or can shall or may be incumbered charged aliened or enfeoffed limited or apptd in any manner hwsr and likewise that he the sd (D.) for and notwstg any act deed matter or thing whatsr to the contrary now hath in himself good right full power and lful and absolute authty to limit and appt the same in manner afd And furr that the sd (D.) his hrs and ass and also the sd (T.) his hrs and ass and all and evy psn and psns whmsr claiming and to claim under him and them or any of them shall and will at the request of the sd (trustees) their hrs and ass exte and perform all such or. and furr acts deeds matters and things whtsr which shall become necssy in and towds the better more perfectly and absolutely granting conveyg assurg enfeoffg limitg and apptg all or any pt of the sd heredts and pres either to them the sd (trustees) their hrs and ass or to such psn or psns purchaser or purchasers as they shall direct and appt. Covenants for title. In witness &c. see ante, No. XLVI. Mortgage by Appointment and Release, see post, MORTGAGES. Appointment and Demise to Trustees for a Term of a certain Part of Lands charged with Portions for younger Children, Upon Trust to indemnify the Purchasers of other Parts of the same Lands from such Portions (Proviso for cesser of term), see post, PURCHASES. Appointment and Assignment of Two-Fourth Parts of Monies to arise from the Sale of certain Estates, see post, PUR CHASES. No. XCIX. Appointment of a Jointure by Virtue of a Power under a Will. Obs. A jointure is strictly a joint estate in freehold lands, limited to the husband and wife; but on account of the numerous inconveniences which attended such a limitation of lands, as well to the widow as to the heir, it has long been the general practice to limit a rent-charge to the intended wife for her life by way of jointure, to commence from the death of the husband, with powers of distress and entry, and generally with a term for years to a trustee for further securing the payment thereof. By the Stat. of Uses, 27 H. 8, c. 10, sect. 6, such a jointure or settlement upon a wife before marriage will be a bar of her dower in the case of adult women, but it has been held not to extend to infants. An infant may, therefore, notwithstanding a jointure settled upon her, waive it, and elect to take her dower. So if a jointure be made after marriage, it will not bar the wife of her dower, either at law or in equity, unless she accept the jointure after her husband's death, Noy's Max. 40; in this latter case it is presumed that the wife's dower is now barred by 3 & 4 W. 4, c. 105, sects. 6, 7, see Appendix, No. XI. This Indenture made &c. see ante, No. LXXXV. Grant of an Annuity Betn (intended husband) of &c. grandson &c. of the first pt (father of intended wife) of &c. and (intended wife) spinster and eldest daur of the sd (father) of the second pt and (trustees) of &c. of the third pt Whas [recite the will of the grandfather, whereby among or. things he devised all his manors No. XCIX. Of a Jointure. |