PRECEDENT XXIV. WILL DEVISING LAND IN STRICT SETTLEMENT AND OTHER LAND BUILDING PURPOSES. as aforesaid, or on account of the money to be received in respect of any such insurance not being applied in manner hereinbefore directed (u). I BEQUEATH, &c. [general bequest of undisposed of personal estate, supra, p. 82] unto my said nephew X. Y., his executors, administrators, and TO BE SOLD FOR assigns, for his and their own use and benefit, in case he shall be living at the time of my death, but if he shall 62. General then be dead, then unto such one of my said cousins here- bequest of perby made tenants for life of the said hereditaments and premises herein before devised in settlement as at my death shall become entitled to the receipt of the rents and profits of the same premises. [Trustee clause, supra, p. 443. Devise of trust and mortgage estates, p. 58.] AND I 63. Appointment HEREBY appoint the said X. Y. sole executor of this my will. IN WITNESS, &c. sonal estate to the first tenant for life of the settled estates. of executor. XXV. WILL of REAL and PERSONAL estate. DEVISE of estates, including a REVERSION (subject to a TERM of year's for payment of DEBTS) in STRICT SETTLEMENT in the MALE line, including LIMITATIONS for LIFE to sons SUBSEQUENTLY BORN during the testator's life, and LIMITATIONS to SECOND and OTHER YOUNGER sons of persons not made tenants for life, with TRUSTS during a SUSPENSE of such issue, and a LIMITATION to a CLASS of persons (daughters) of SEVERAL RENTCHARGES with usual powers. SHIFTING CLAUSES to take effect on a SECOND or OTHER YOUNGER Son becoming an ELDEST or ONLY son. NAME and ARMS (u) See a more ordinary form of direction as to inventories, &c., when chattels are settled as heirlooms, supra, pp. 438 et seq. PRECEDENt xxv. SETTLEMENT IN THE MALE LINE LIMITING ESTATES FOR LIFE TO PERSONS BORN IN THE TESTATOR'S LIFETIME. PRECEDENT XXV. WILL IN STRICT IN THE MALE PERSONS BORN IN LIFETIME. 1. General devise of freehold estates, including a reversion. 2. To the use of trustees for the term of 1000 years; clause. BEQUEST of RESIDUE of PERSONAL estate, subject to the payment of MORTGAGE and other DEBTS, to the testator's eldest son. and I, A. B., of &c., hereby revoke, &c. [supra, p. 26. General devise of freehold estates "in England, Ireland, the West Indies, or elsewhere, including the estates in the several counties of the reversion whereof is limited to me by the indenture of settlement executed on the marriage of my son, D. B., with, now his wife, (but subject to the preceding uses and estates therein respectively as to such of the same premises as are subject to any use or estate, or uses or estates, preceding the estate or interest I have power to devise or dispose of by this my will),"] To the use of E. F., of &c., and G. H., of &c., their executors, administrators, and assigns, for the term of one thousand years, to be computed from my death, without impeachment of waste, Upon the trusts, and with and subject to the powers, provisoes, and declarations hereinafter declared and expressed concerning the same; and from and after the expiration or determination. of the said term of one thousand years, and in the meantime subject thereto and to the trusts thereof, TO THE USE of my son, the said D. B., and his assigns for his life, without impeachment of waste; And from and after the decease of the said D. B., TO THE USE of each of the sons of the said D. B. who shall be born during my life, and the assigns of such son, for his life, without impeachment of with remainder waste, and after his decease to the use of his first and other sons successively, according to their respective seniorities, in tail male, so that the elder of the said sons of the said D. B. to be born during my lifetime, and his first and other sons successively, and the heirs male of their respective bodies, may be preferred to and take before the younger of the said sons of the said D. B. to be born during my lifetime, and his and their respective first and 3. -subject thereto to testator's son for life; 4. remainder to sons of that son born in the testator's lifetime for life, to their sons in tail male; PRECEdent xxv. WILL IN STRICT SETTLEMENT 5. remainder to the sons of the same son born after the testator's death in tail male; 6. remainder to the testator's for life and to their sons in tail male; after-born sons other sons, and the heirs male of their respective bodies; And after the failure or determination of the uses here. inbefore limited, TO THE USE of the son and sons of the said D. B. who shall be born after my decease successively, according to their respective seniorities, in tail male; with remainder To THE USE of every son of mine hereafter to be born, and his assigns, for his life, without impeachment of waste (except in felling timber upon the estates at of greater value in any one year than £, according to the market price of timber for the time being) (a), and after his decease to the use of his first and other sons successively, according to their respective seniorities, in tail male, so that the elder of my said sons hereafter to be born, and his first and other sons successively, and the heirs male of their respective bodies may be preferred to and take before the younger of my said sons hereafter to be born, and his and their respective first and other sons, and the heirs male of their respective bodies; And after the failure or determination of the uses hereinbefore limited, TO THE USE of my brother, E. B., and his assigns for his life, without impeachment of waste (except as aforesaid); And from and after the decease of the said E. B., TO THE USE of each of the sons of the said E. B. who shall be born during my life, and the assigns of such son for his life, without impeachment of waste in the testator's (except as aforesaid), and after his decease to the use and to their of his first and other sons successively, according to sons in tail their respective seniorities, in tail male, so that the elder of the said sons of the said E. B. to be born during my lifetime, and his first and other sons successively, and the heirs male of their respective bodies, may be preferred to and take before the younger of the said sons of the said E. B. to be born during my lifetime, and (a) See other forms restrictive of waste, supra, pp. 497, 498, and note. 7. remainder brother for life; to the testator's 8. remainder to the sons of the brother born lifetime for life male; WILL IN STRICT IN THE MALE PERSONS BORN IN LIFETIME. to the after-born sons of the brother in tail male; 10. remainders over; 11. remainder that each testator and of his son then living may receive an annual rent-charge. PRECEDENT XXV. his and their respective first and other sons, and the heirs male of their respective bodies; And after the failure or determination of the uses hereinbefore limited, TO THE USE of the son and sons of the said E. B. who shall be born after my decease successively, according to their respective seniorities, in tail male; with remainder To THE USE of T. G. of &c., and his assigns for his life, with9. —remainder out impeachment of waste (except as aforesaid); And from and after the decease, &c. [to each of the sons of T. G. born in testator's lifetime for life, with remainder to his sons in tail male, remainder to the after-born sons of T. G. in tail male, as in the case of E. B.'s sons, supra]; with remainder To THE USE and intent that each daughter of daughter of the mine, and each daughter of my said son D. B., who shall be living at or immediately after the determination or failure of the uses and estates hereinbefore limited, and her assigns, may thenceforth receive during her life the yearly rent-charge of £, to be charged upon the said hereditaments and premises, and to be payable by equal quarterly payments on the twenty-fifth day of March, the twenty-fourth day of June, the twenty-ninth day of September, and the twenty-fifth day of December, without any deduction except legacy duty and income tax (b), the first quarterly payment of each such rent-charge to be made on such of the said days of payment as shall happen next after such rent-charge shall take effect in possession under the limitations aforesaid, and to be an apportioned payment corresponding to the interval which shall have elapsed from the time of such rent-charge taking effect in possession; AND TO THE FURTHER use and intent that if any such rent-charge, or any part thereof, shall at any time be unpaid, &c. [power of distress to "the person to whom such rent-charge so in arrear is hereby made payable," supra, p. 458. Power of entry, similarly modified, 12. Powers of distress and entry. (b) See supra, p. 402, note (k). WILL IN STRICT IN THE MALE 13. Subject second son of for life with remainder to thereto to a living person his issue. younger sons sons born in supra, p. 459]; And subject and charged as hereinbefore PRECEDENT xxv. is mentioned, TO THE USE of P. R., the second son of S. T. by A. T., her present husband [for life, remainder to each of the sons of P. R. born in the testator's lifetime for life with remainder to his sons in tail male, remainder to the after-born sons in tail male, as in the case of E. B. and his sons and issue, supra, pp. 519, 520]; with remainder TO THE USE of each of the other younger sons of the said S. T. by the said A. T., who shall be born during my lifetime, for his life, without impeachment of waste (except as aforesaid), and after his decease, to the use of his first and other sons successively, according to their respective 14. Remainder seniorities, in tail male, so that the elder of such other to the other younger sons of the said S. T. by the said A. T. to be born of the same perduring my lifetime, and his first and other sons successively, the testator's and the heirs male of their respective bodies, may be pre- and to their ferred to and take before the younger of such other younger sons in tail sons of the said S. T. by the said A. T. to be born during my lifetime, and his and their respective first and other sons, and the heirs male of their respective bodies; And after the failure or determination of, and subject to, the uses and estates hereinbefore limited, To THE USE of L. M., of &c., and N. O., of &c., and their heirs, during the joint lives of the said S. T. and A. T., Upon trust to permit the rents and profits of the said hereditaments and premises herein before devised to be received from time to time by the person who, if either of them the said S. T. and A. T. were dead, would be entitled to the possession or to the receipt of the rents and profits of the same premises under the limitations hereinafter contained (c); And (c) When an estate is limited to children unborn at the testator's death of a parent who does not take a life estate, the limitation of a freehold estate to trustees during the possible period of suspense, if not necessary to preserve the contingent remainders, is at any rate proper in order to dispose of the rents and profits during the suspense of there being a child in esse entitled under the limitations. lifetime for life, male. 15. Remainder during the lives of the parents permit the rents to trustees upon trust to to be received by the person next in remain der. Limitation and trusts during children entitled suspense of when the parent does not take a life estate. |