sion; and therefore if it was a nominal, not a real portion, that would not do. It often happened that a man married a lady with a small portion, and he or his friends advanced money to make up that a nominal portion, and took it back; that would not do. So if the wife had a portion of 10,000 l. and it was settled to her separate use, that would not do: but that was not the present case. Parents created these powers with a view to compel their children to marry prudently, with a wife of adequate quality, certainly of an adequate fortune; but not to burthen the estate with a great jointure for a wife, who brought nothing into the family, and who probably would not deserve it. Wherever therefore the portion of the wife was stipulated to be applied in a proper and reasonable manner, in the usual way of settling, for the benefit of the family, that was to be considered as a portion received. The father could not mean that every part of this portion should be received by his son, to spend and waste: if it was settled so as to become beneficial to the family, in the fair way of making settlements, it was sufficient. The parties were young at the time of the marriage, and might have several children: it was reasonable to take so much of the wife's fortnne, as an increase of the younger children's portions, which the husband had under his father's will a power to settle; nor was there any impropriety in giving the wife a chance of survivorship. This then was an application of the portion by the husband, in a reasonable and fair way, and therefore to be considered as within the intent of the power. If the interest of the 2,000 l. had only been given to the husband for life, and afterwards the principal to the wife, that would be a strong case to say it was not within the intent of the power; but the money being only given to the wife, on failure of younger children, and on the husband's dying first, both which events happened, it differed from that case. If the portion was to be paid to the husband, to do what he pleased with, and not to be settled for the benefit of the family, fathers would hardly create such a power. He therefore considered that what was fairly settled for the family, was for the benefit of the husband; and therefore the widow was entitled to 1000 7. a year for her jointure. 2 P. Wms. 648. 8. It was resolved by Lord King, that where a Holt v. Holt, tenant for life with power to make a jointure of 100%. a year for every 1000l. which he had by his wife, covenanted on marriage to make a jointure accordingly; and also to make an additional jointure, on receiving or becoming entitled to any further money in right of the wife; and after the death of the husband the widow became entitled to an additional fortune; she shall not compel the remainder-man to make an additional jointure on her, on this account. But, on the other hand, the husband's creditors should. not take from the wife that additional fortune. Origin and 31. Does not authorize a Lease to 70. In what Conveyances they AS all leases made by tenants for life determine by the death of the lessor, powers are usually inserted in settlements, enabling the tenants for life to grant leases, to be valid against the persons in remainder, and the reversioner. Powers of this kind are productive of great advantage, not only to the persons interested, but also to the public; for tenants for life are thereby enabled to grant a certain term to the lessee, by which means they get a higher rent, which is equally beneficial to the remainder-men, and reversioner; and the public is benefited, because the extent and security of the tenant's interest induces him to expend his capital in the cultivation and improvement of the estate. 219. 567. 2. But lest tenants for life should exert these powers to the prejudice of the persons in remainder or reversion, they are in general restrained by the words of the power from making leases, but on certain conditions; by which means they are forced to secure the same advantages to those who may succeed to the estate, as to themselves. It has there- Fitzg. R. fore been long settled, that the restrictive part of Doev. Cavan, these powers shall be construed strictly against the 5 Term R. tenants for life, and in favour of the remainder-men and reversioner; because the conditions upon which powers of this kind are given, are inserted with a view to their interest: and the lessees under such leases standing only in the place of the tenants for life, and deriving their title merely under the power, if that be not strictly followed, the right of the remainder-men and reversioner to possess the estate, freed from the lease, will take place of the right of the lessees, as superior to it. From whence it follows, that every circumstance required by the power must be strictly followed, otherwise the lease will be void. 17. 3. The instruments by which leasing powers are executed, are construed more strictly than other deeds of appointment. For it being expressly re- infra, c. 16, quired that tenants for life should execute their powers of leasing in a particular manner, that becomes a condition precedent; and if all the circum- Doe v. Sandham, infra. stances required by the power are not strictly followed, the power is held to be totally unexecuted. So that if an improper covenant is inserted in a lease made under a power, the lease is thereby void in its crea 7 Term R. Doe v. Watts, tion, and not the covenant only and no acceptance of rent, or other act, by the person in remainder or reversion, will operate as a confirmation of it. 83. ante, c. 5. $ 70. Restrictions 4. The restrictions which are usually annexed to annexed to. leasing powers relate: 1st, To the instrument by which the power is to be executed. 2d, To the lands to be let. Sd, To the time when the lease is to commence. 4th, To its duration. 5th, To the rent directed to be reserved. 6th, To the clauses and covenants required to be inserted in such leases. 1° As to the Instrument. 5. With respect to the instrument by which a leasing power is directed to be executed, it is generally required to be by deed indented, sealed, and delivered in the presence of, and attested by, two or more credible witnesses. And it is also usually required, that 1 Burr. 125. the tenant should execute a counterpart of such indenture. 1 Vent. 291. 2 Lev. 149. 2o As to the Lands to be leased. ante, c. 5. 6. Livery of seisin is not necessary to be given on a lease of a freehold estate, made under a power: because a lease of this kind takes effect from the deed by which the power is created; and the legal estate is transferred to the lessee, by the operation of the statute of uses. 7. With respect to the lands to be leased, powers of this kind are generally restrained to those which have been usually let or demised to farmers; in order to prevent the tenant for life from leasing the mansionhouse, park, gardens, pleasure grounds, or other parts of the land usually occupied by the proprietors of the estate, and deemed necessary to the dignity of the family. 8. This clause is taken from that which is inserted in the statute 32 Hen. VIII,, by which tenants in tail are enabled to make leases, which has been already stated. And the rules adopted by the |