In Execution of a Power Appoint ment. To the use of children equally. Survivorship. Provisions to a younger son becoining an elder. deputy, nor a person having a power of attorney delegate his power Appointments in Execution of a Power. Obs. As to the nature of such appointments, see Pref. § 1—8. Appointment of a Freehold Estate to Children, to be Know all Men by these Presents That I the within named (husband) by force and virtue of the power and authority to me in that behalf given or received in and by the within written indre and of all or. (a) powers and authorities enabling me 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 lds 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 (b) 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 Ifully issuing (except of such eldest or only son) And if one or more such chu 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 (a) As to the form of the deed, see Appointments, Pref. § 4. () As to exclusive appointments, see Pref. § 6. same shall happen the share and shares of such In Exeyounger son so become an elder or only son shall cution of be go and remain to and amongst the rest of a Power. 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 notwithstanding Provided Always That it Power of shall be lful for me the sd (H) at any time or times revocation 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 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 lds 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 herein or in the within written indre contd to the contrary in anywise notwithstg In Witness, &c. (b) Signed Sealed and delivered being first duly stamped (c) in the presence of us. Appointment of a Jointure by Virtue of a Power 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 Hen. VIII. c. 10, s. 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. IV. c. 95, s. 6, 7: See Appendix. This Indenture made, &c. (see p.64) Betn (intended husband) of, &c. grandson, &c. of the first pt (father of intended wife) of, &c. and (intended wife) spinster and (a) As to the power of revocation, see § 5. (6) As to the attestation, see § 4. (c) As to the stamp, see § 8. In Execution of a Power. Recital of will. 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 messes and tents lands and heredts unto the sd (IH) his grandson In which sd will is contd a power or provo for the sd (IH) to charge any pt or pts of the sd manors lds and preses with any sum of money by way of annty or rent-charge for the jointure of any woman he might marry but so as that such annual sum or rent-charge should not exceed £ for every £ which his sd grandson should receive for the marre portion of such woman] And Of deathof whas [recite testator's death witht revoking his will, and probate of the will, and that the sd (IH) became entitled to the sd preses devised to him by the sd will.] And whas a marre is intended to be shortly had and solemnized betn the sd (IH) and the sd (1W) Now this indre witnesseth That in conson of the sd intended marre and the testator. Of contract for a marriage. Testatum. sum of £ of Iful money of Gt Britn to the sd (I H) in hand, &c. by the sd (F of the sd I W) in full for the marre portion of the sd (I W) his daur the rect whof, &c. (see Release) And for making such settlement jointure and provision for and upon the sd (I W) as afd He the sd (I H) by virtue and in exercise and exon of the power and authy to him given and reserved in and by the sd in pt recited will and of all and evy or. power and powers authority and authorities to him in that behalf given or any ways enabling him thereAppoint- unto, &c. Hath granted limited and apptd and by this ment of present writg signed sealed and delivered by him the sd as ajointure (IH) in the presence of the two credible witnesses to intended wife. whose names are intended to be hereon written or in- Habendum. (testator) as afd To Have hold take and enjoy the sd annual sum or yrly rent-charge of £ hby granted limited and apptd or intended so to be unto the sd (I W) and her ass to commence in posson from and immly after the dece of the sd (I H) for and during the Demise to trustees. term of her natural life in case the sd intended marre In Exeshall take effect and she shall survive the sd (1 H) her cution of sd intended husband for or in nature of a jointure and a Power. in lieu bar and satisfaction of the dower freebench and thirds at common law which she the sd (I W) shall or may at any time or times be entitled to or orwise might have or claim in to or out of all and evy or any of the sd manors messes or tents lds and heredts whof or whereto the sd (I H) shall be seised or entitled for an este of inhance and to be pd to her the sd (I W) and her ass, &c. And also a proportional pt, &c. And the sd (IH) doth hby for himself, &c. (Power of Distress and Entry, see p. 66) And this Indre furr Witnesseth That in conson of the preses and also of, &c. to him the sd (IH) in hand by the sd (T) well and truly pd He the sd (I H) Hath granted bargained sold, &c. and by these prests Doth, &c. (demise to trustees for a term of yrs, see p. 67) Upon the trusts nevss and to, &c. that is to say In trust to permit and suffer the sd (I H) or his ass during his life to rece the rents and prfts of the same manor, &c. And from and after the dece of the sd (1 H) then upon trust for the better securing the paymt of the sd annty or rent-charge of £ in manner hnbefe apptd for paymt of the same unto the sd (I W) and her ass in case the sd intended marre shall take effect and she shall survive the sd (I H) And for that purpe in case the sd annty, &c. shall be behind, &c. then (power to raise money, see p 68) And the sd (IH) doth hby for himself his hrs, &c. covt, &c. with and to the sd (T) their exs, &c. in manner following that is to say That he the sd (IH) at the time of the sealing and delivery of these prests hath good right full power and lful authy under and by virtue of the sd in pt recited will to grant limit and appt unto and to the use of the sd (I W) the sd annual sum or yrly rent-charge of £ and to make the same issuable out of and chagbe upon the afd manors messes lds tents and heredts and preses in the manner hnbefe expssd And furr That Quiet enthe sd (I W) and her ass shall and may at all times joyment. during the term of her natural life in case the sd intended marre shall take effect and she shall happen to survive the sd (I H) her intended husband peaceably and quietly have hold rece perceive take and enjoy the sd annual sum or yrly rent-charge of £- so granted limited and apptd to her in jointure as afd to and for her and their own proper use and bent without any let suit, &c. (see Release) And that free, &c. And Free from moreover That he the sd (I H) and his hrs and all or. psns claiming or to claim by from or under him or Power to raise money, &c. Covenants for title. That husband hath power to appoint. incumbrances. In Execu tion of a Power. Further assurance. Recital of settle mens. Marriage. Appoint ment. them or by from or under the sd (testator) deced shall and will from time to time and at all times at the request of the sd (T) but at his and their own proper costs do all such acts and things for the furr better and more perfect granting limiting appntg and assurg unto and to the use of the sd (I W) and her ass during her life in case the intended marre shall take effect and she shall survive the sd (IH) her intended husband the sd annual sum of £ - hnbefe mentd to be hby limited to and for her jointure as afd as by the sd (7') or the survivor of them or the exs, &c. of such survors or his or their counsel in the law shall be reasonably advised devised or required In Witness, &c. Appointment and Disposition by a Married Woman. Obs. As to the disposition of property by married women, see Pref. § 3. To all persons to whom these presents shall come, (appointor) of, &c. sendeth greeting Whas the sd (A) then (maiden name) by indres of lease and rel bearing date respively the days of then intended betn the sd (A) in conson of a marre and (husband) of, &c. Did grant convey release and confirm unto (trustees) |