WILL WITH TWO DISTINCT SETTLEMENTS OF DIFFERENT ESTATES AND VARIOUS SPECIAL CLAUSES. 22. remainder to the testator's daughters as mon in tail, mainders in tenants in com tail]; AND FROM and after the failure or determination PRECEDENT XXVI. of the uses and estates herein before limited of and in the said hereditaments lastly herein before devised, To THE USE of all my daughters in equal shares, as tenants in common in tail, with cross remainders in tail between or among them if more than one; AND if all my daughters except one shall die without issue, or there shall be but one such daughter, then To THE USE of such one or only daughter in tail; with remainder TO THE USE of my own right heirs for ever. PROVIDED ALWAYS, and I hereby declare, &c. [Declaration as to the receipt and application of rents during minorities, adapted to the devolution to the testator's of the estates in undivided shares, supra, p. 466. Powers right heirs. of leasing and of sale and exchange applicable to the like event, see supra, pp. 481, 484, et seq. Proviso prohibiting leases and sales of undivided shares, unless the owners of the other undivided shares concur, supra, p. 486 (i). AND I HEREBY DECLARE, that if at any time or times the 24. Trustees to (i) It will be seen that according to the plan of the Precedent in the text, the two settlements of the different estates comprise distinct powers of leasing, sale and exchange, &c. This, however, is not necessary, though it may to some extent depend on the nature of the limitations whether it is more convenient that there should be distinct powers or not. In Vol. iii., Settlements, ante, Precedent XXXVIII., pp. 1203 et seq., will be found a set of powers adapted to the case of the limitations of different parts of the estates being to some extent different. The ordinary commencements of the powers of leasing, enfranchisement, and sale and exchange, may by a few simple and obvious alterations be readily modified so as to suit the case of a will containing distinct settlements of different portions of the devised estates. The following is a form of leasing power adapted to the case of there being distinct settlements of different parts of the estates : "PROVIDED ALWAYS, and I hereby declare, that it shall be lawful for each of them the said [tenants for life] as and when by virtue of this my will they respectively shall be entitled to the possession or to the receipt of the rents and profits of the hereditaments and premises herein before devised, or with cross re tail; 23. remainder present to Frame of powers when there are distinct settle ments of different portions of the devised estates. Power of leasing where there are two distinct sets of uses and un divided shares. PRECEDENT XXVI. WILL WITH TWO DISTINCT SETTLEMENTS OF DIFFERENT ESTATES AND VARIOUS livings during minorities of devisees. person who being a tenant for life or tenant in tail male or in tail by purchase under or by virtue of the limi any of them, or any part or parts thereof, but so as to limit to SPECIAL CLAUSES. the said [tenants for life] respectively a power of leasing only as to the hereditaments to the possession or to the receipt of the rents and profits of which they respectively shall for the time being be so entitled, and also for the said [trustees] and the survivor of them, and the executors or administrators of such survivor, during the minority or respective minorities of any person or persons who shall for the time being be entitled to the possession or the receipt of the rents and profits of the said hereditaments and premises herein before devised, or any of them, or any part or parts thereof, or of any share or shares of the same premises respectively, as tenant or tenants in tail male or in tail by purchase, but so as to limit to the said trustees or trustee a power of leasing only as to the hereditaments to the possession of or the rents and profits of which such survivor or survivors shall for the time being be so entitled, and as to any lease or leases which may be made under this power during the minority or minorities of any tenant or tenants in tail by purchase who shall for the time being be entitled to the possession or the receipt of the rents and profits of an undivided share or undivided shares of the same premises, so far only as relates to such undivided share or shares, by deed to appoint by way of lease all or any part or parts of the said hereditaments and premises, or such of them, or such share or shares thereof as afore-· said, for any term, &c. [Rest of power in usual form. Proviso prohibiting leases of undivided shares, unless the owners of the other undivided shares concur, supra, p. 486].” Trusts of money received upon enfranchise The following trusts of money received upon enfranchisement, sales and exchanges, may be compared with those at Vol. iii., pp. 1214 et seq. :— "AND I HEREBY DECLARE, that the said trustees or trustee for the time being shall receive all monies which tations lastly hereinbefore contained would if this proviso PRECEDENT XXVI. had not been inserted have been entitled to present to any may become payable upon any such enfranchisement, sale, or exchange as aforesaid, and with all convenient speed invest the same in the purchase of other manors, lands, or hereditaments in England or Wales, for an estate in fee simple, or of lands of a leasehold or copyhold or customary tenure convenient to be held therewith, or with any hereditaments for the time being subject to the same or the like uses or trusts as the manor whereof the hereditaments enfranchised shall have been holden, or as the hereditaments sold or exchanged respectively, or in purchasing the enfranchisement of any lands of copyhold or customary tenure for the time being subject to the like respective uses or trusts, yet so that during the life of any person entitled as tenant for life in possession to the manor whereof the hereditaments enfranchised shall have been holden, or who would have been tenant for life in possession of the hereditaments sold or exchanged, every such purchase and enfranchisement be made with his or her consent in writing. AND I HEREBY DECLARE, that the said [trustees] and the survivors and survivor of them, and the heirs, executors, or administrators of such survivor shall settle and assure, or cause to be settled and assured, all such of the manors, lands, or hereditaments so to be purchased or taken upon enfranchisement or in exchange as aforesaid, as shall be freeholds of inheritance, To the uses, upon the trusts, and with and subject to the powers, provisoes, and declarations by and in this my will limited, expressed, and declared, or under the powers hereinbefore contained of jointuring or charging portions to be limited, expressed, or declared of and concerning the manor whereof the hereditaments enfranchised shall have been holden, or of and concerning the hereditaments sold or exchanged with the proceeds of or money received in respect of which hereditaments the said premises so to be settled and assured shall have been purchased or in WILL WITH TWO DISTINCT SETTLEMENTS OF DIFFERENT ESTATES AND VARIOUS SPECIAL CLAUSES. ments, sales, and exchanges in a distinct settlewill containing ments of different devised estates. parts of the Direction to settle lands taken upon enfranchisement or in exchange. purchased and PRECEDENT XXVI. rectory, vicarage, or other ecclesiastical preferment comprised in the devise lastly hereinbefore contained or pur WILL WITH TWO DISTINCT SETTLEMENTS OF DIFFERENT ESTATES respect or in lieu of which hereditaments the same premises shall have been taken in exchange respectively, or as near thereto as the deaths of parties and other intervening circumstances will admit, but not so as to increase or multiply charges or powers of charging; AND shall settle and assure or cause to be settled and assured all such of the said manors, lands, or hereditaments so to be purchased or taken upon enfranchisement or in exchange as aforesaid, as shall be of leasehold or copyhold or customary tenure, upon such trusts and with and subject to such powers, provisoes, and declarations as shall correspond to the uses, trusts, powers, provisoes, and declarations to, upon, with, and subject to which the same premises respectively would have been liable to be settled. and assured as aforesaid, had they been freeholds of inheritance, or as near thereto as the different tenure and quality of the premises and the rules of law and equity and the deaths of parties and other intervening circumstances will admit, but not so as to increase or multiply" charges or powers of charging, and so that such of the lands purchased or taken upon enfranchisement or in exchange as shall be held by a lease for years shall not vest absolutely in any person hereby made tenant in tail male or in tail by purchase of the said respective premises hereinbefore devised, unless he or she shall attain the age of twenty-one years, but on his or her death under that age shall go, devolve, and remain in the same manner as if they had been freeholds of inheritance and had been settled accordingly; AND I HEREBY DECLARE, &c. [Provision for the renewal of leases, and power for the trustees to raise money by mortgage as in the ordinary forms, supra, p. 431.] PROVIDED ALWAYS, and I hereby declare, that it shall be lawful for the said trustees or trustee for the time being, upon the request of any person entitled as tenant for life in possession to the manor whereof the chased with any money which shall have arisen from any sale or exchange under the power of sale and exchange PRECEDENT XXVI. DISTINCT AND VARIOUS hereditaments enfranchised shall have been holden or who would have been tenant for life in possession of the here- SPECIAL CLauses. ditaments sold or exchanged, and if there shall be no such person, then at their or his discretion, to apply any money to arise by any such sale, enfranchisement or exchange as aforesaid, in or towards paying off or discharging any mortgage or other charge or incumbrance for the time being affecting all or any of the hereditaments then subject to the same or the like uses or trusts as the manor whereof the hereditaments enfranchised shall have been holden, or as the hereditaments sold or exchanged respectively, but without altering the equities or obligations of the parties claiming under this my will as to defraying the fines and expenses of such renewals of leases or grants as aforesaid or in other respects. AND I HEREBY DECLARE, that until the money to arise by such sale, enfranchisement, or exchange as aforesaid, shall be disposed of as herein before directed, the said trustees or trustee for the time being, with the consent of any person entitled as tenant for life in possession to the manor whereof the hereditaments enfranchised shall have been holden, or who would have been tenant for life in possession of the hereditaments sold or exchanged, and if there shall be no such person then at their or his own discretion, may invest the same or any part thereof in their or his names or name, &c. [usual form as in p. 433, supra]." In the will from which the last preceding form was taken the estates were settled together down to a certain point in the limitations, and after that point they took different directions. The following clause was intended to regulate the incidence of jointures and portions charged before the separation, on the different parts of the estates if devolving in different lines of settlement. As to the apportionment of charges of this nature, see ante vol. iii., Settlements, p. 320, and the case of Ley v. Ley, L. R. 6 Eq. 174, there referred to: Power to invest monies in the mortgage till purchase of lands or otherwise applied. funds or upon laid out in the |