Gambar halaman
PDF
ePub

MENT.

RE-SETTLE- intents, and purposes, and subject to the provi soes, declarations, and agreements hereinafter Of a Reversion. mentioned, expressed and declared, of and concerning the same term; and from, and immediately after the end, expiration, or other sooner determination of the said term of

Trusts of the term.

years, and in the mean time subject thereto, and to the trusts thereof, TO THE USE and behoof of (a nephew of the wife) his heirs and assigns for ever. AND AS, TO, FOR, AND CONCERNING the said term of years of and in the hereditaments and premises hereby granted and released, or mentioned or intended so to be, it is hereby declared, that the same term is so limited to the said (termor) upon the several trusts, and to and for the several intents and purposes, and subject to the provisoes and agreements hereinafter mentioned, expressed, and declared, of and concerning the same term, (that is to say) upon trust that he the said (termor) his executors, administrators, or assigns, shall and do, from and after the decease of the survivor of them the said (settler and wife) and failure of issue of their bodies, by sale or mortgage of the premises hereby granted and released, and comprised in the said term of years, or of a competent part thereof, for all or any part of the said term, or by or out of the rents and profits of the said premises, or by all or any of the said ways and means, raise and levy the several sums, and pay and apply the same respectively in the manner hereinafter mentioned; that is to say, (to certain children when they should attain twenty-one years of age). PROVIDED that if any of the said children shall attain the age of twenty-one years before the decease of the survivor of the said (settler and wife) and

failure of issue of their bodies, that then the RE-SETTLEpay- MENT. ment of the sum or sums of money hereby provided respectively, for such of them as shall so attain of a Reversion. such age before such decease and failure of issue, shall be postponed until twelve months next after the decease of the survivor of them the said (settler and wife) and failure of issue of their bodies, and be then paid with interest from the decease of such survivor and failure of such issue, after the rate of four per cent. per annum ; provided that the sum hereby intended for every such child respectively, shall, nevertheless, be considered as a transmissible interest in such child from the time of his or her attaining such age of twentyone years respectively, and be accordingly paid to him or her, or to his or her executors or administrators respectively, at the time, and in the manner hereinbefore mentioned and provided in that behalf. AND UPON FURTHER TRUST, that he the said (termor) his executors, administrators, or assigns, shall and do, from and after the decease of the survivor of them the said (settler and wife) and failure of issue of their bodies in case (a sister of the aforesaid nephew) shall be then living, raise and levy, by and out of the rents and profits of the said premises, the yearly sum of of like money, and pay the same unto the said (niece) for and during her natural life, or unto such person or persons as she shall from time to time, by writing under her hand, notwithstanding her present or any future coverture, direct or appoint, to the intent that the same yearly sum of or any part thereof, may not be subject or liable to the controul, order, direction, debts, engagements, or incumbrances of her said present or any future husband, but may be abso

MENT.

as

RE-SETTLE- lutely at her own separate disposal as if she were sole and unmarried. And the receipt or receipts Of a Reversion. of the said (niece) or of such person or persons as she shall so direct or appoint, shall from time to time, notwithstanding her coverture, be a sufficient discharge to the person or persons who shall so pay the same for so much thereof for which such receipt or receipts shall be expressed to be given. AND shall and do, from and after the decease of the said (niece) by all or any of the ways and means herein before mentioned and directed for raising the several sums of aforesaid, raise and levy the further sum of of like lawful money, and pay the same unto all and every the child and children of the said (niece) who shall attain the age of twenty-one years, equally to be divided among them, if more than one, share and share alike, such share or shares to be paid to such child and children respectively, at his, her, or their age or respective ages of twenty-one years, if such age or ages shall not happen till after the decease of the said (niece) but the share or shares of such of them as shall attain that age in her life-time, to be paid to him, her, or them respectively, within twelve months after her decease, with interest from the time of her decease after the rate of per centum per annum. that if the said (niece)

Proviso of les- PROVIDED NEVERTHELESS,

ser as to the term.

shall not be living at the time of the decease of the survivor of them the said (settler and wife) and failure of issue of their bodies, that then the payment of the share or shares of any of her children which shall attain the age of twenty-one years before the decease of the survivor of the said (settler and wife) and failure of issue of their bodies, shall be postponed until twelve months next

MENT.

after the decease of such survivor and failure of is- RE-SETTLEsue, and be then paid with interest from the time

ser as to the term.

of the decease of such survivor and failure of such of a Reversion. issue, after the rate of per centum per annum. PROVIDED nevertheless, that the share of every child of the said (niece) shall be considered as a transmissible interest in such child from the time of his or her attaining the age of twenty-one years, and be accordingly paid to him or her, or his or her executors and administrators, at the time and in the manner hereinbefore mentioned and appointed in that behalf. PROVIDED ALWAYS, and it is Proviso of ceshereby declared, that when all and every sum and sums of money hereby directed and appointed to be raised by and under the trusts of the said term of years, shall have been raised and levied, or shall cease to become payable, and all and every the said trusts hereinbefore declared of and concerning the same term, shall be fully performed and satisfied, or shall be discharged either by becoming unnecessary or incapable of being performed and satisfied; and the costs and charges of the trustee of the same term, in and about the execution and performance of the said trusts thereof, shall have been paid and satisfied, then and from thenceforth the said term of

years,

or so much thereof as shall not be disposed of under the trusts hereinbefore declared concerning the same term, shall cease, determine, and be absolutely void, but without prejudice to any sale, mortgage, or disposition, which shall have been made of all or any part of the said premises comprised in the same term of years, for all or any of the purposes hereinbefore mentioned, in pursuance of the trusts herein before declared of and concerning the same term. AND the said levy a fine.

Covenant to

MENT.

RE-SETTLE- (settler) for himself, and the said (wife) and his and her heirs, executors, and administrators, Of a Reversion. DOTH hereby covenant, promise, and agree, to and with the said (conuzce) his heirs and assigns by these presents, That they the said (settler and wife) shall and will at the costs and charges in the law of the said (settler) as of Michaelmas Term now last past, or before the end of Hilary Term now next ensuing, or of some other subsequent Term, acknowledge and levy, before his Majesty's Justices of the Court of Common Pleas at Westminster, one or more fine or fines sur conuzance de droit come ceo, &c. whereupon procla mations shall and may be had and made according to the form of the statute in that case made and provided, and the usual course of fines in such cases used unto the said (conuzee) and his heirs, of all the said messuage or tenement, lands, hereditaments, and premises hereby granted and released, or mentioned or intended so to be with their appurtenances, by such apt and convenient names, quantities, qualities, numbers of acres, and other descriptions to comprise the same as shall be thought meet; which said fine or fines so as aforesaid, or in any other manner, or at any other time or times, levied or to be levied and acknowledged, of the same messuage or tenement, lands, hereditaments, and premises, or any part thereof, by or between the said parties to these presents or any of them, or whereunto they or any of them are or shall be parties or privies, shall be and enure, and shall be adjudged, deemed, construed and taken, and so are and were meant and intended to be and enure, and are hereby declared by all the said parties to these presents to be and enure; and the conusee or conusees in the

« SebelumnyaLanjutkan »