Power of Jointuring in a will.

make void all and every, or any of the trusts, powers, provisos, declarations, and agreements hereinbefore declared and contained, of and concerning all or any part of the said sums of L. and L.

or either of them, and the stocks, funds, and securities upon which the said sums, or either of them, or any part respectively, are, is, or shall be invested or laid out, and the interest, dividends, and annual produce thereof; and by the same deed or deeds, writing or writings, or by any other deed or deeds, writing or writings, to be by them also jointly sealed and delivered in the presence of, and attested by the like number of witnesses, to declare, limit, or appoint any new or other trust or trusts, right or rights, interest or interests, powers and provisos, of and concerning the said sums of L.

and L.

or either of them, and the stocks, funds, or securities in or upon which the said sums, or either of them, or any part thereof respectively, are, is, or shall be invested or laid out, and the interest, dividends, and annual produce thereof, or any part thereof, whereof or concerning which such revocation or alteration shall be so made, with or without power of revocation, or of making a new appointment or otherwise, as they shall think fit.

Provided, &c., that it shall and may be lawful to and for the said J. L. and H. L., as when and during such time as they shall respectively be entitled in possession to the said hereditaments and premises, or the rents and profits thereof, by virtue of this my will, (but subject and without prejudice to, &c.,) by any deed or deeds, writing or writings, to be by them respectively sealed and delivered, in the presence of, and attested by two or more credible witnesses, or by their respective last wills and testaments, to grant, limit, or appoint any annual sum or yearly rent-charge, to be issuing and payable out of all or any of the aforesaid messuages, &c., (other than except, &c.,) unto or to the use of such woman or women as they shall hereafter respectively marry

during the life of each such woman respectively, by
even and equal half-yearly or quarterly payments,
free from all taxes, for or in nature of a jointure or
jointures, and in lieu and bar of her and their dower
or dowers; and to give and grant such powers and
remedies by distress and entry for recovering such
annual sum or yearly rent-charge when in arrear,
and the costs, charges, and expenses occasioned by
the non-payment thereof, as are in like cases usual;
and also by such deed or deeds, will or wills as afore-
said, to demise, grant, and devise the same mes-
suages, &c., to any person or persons for any term or
terms of years, in trust, in the usual manner, for the
securing the payment of such jointure or jointures,
and the arrears thereof, and such grants, limitations,
and appointments to be made either before or after
such marriage, but so that such annual sum or yearly
rent-charge do not exceed L.
per annum, for
and in respect of every L. which the said J. L.
and H. L. shall respectively become entitled to, and
actually have and receive as and for the portion or
fortune of each woman respectively; and so in pro-
portion for every greater or less sum than L.

which the said J. L. and H. L. shall so respectively
become entitled to, and actually have and receive as
aforesaid, and so that such annual sum or yearly
rent-charge exceed not in the whole the sum of
L. a year, but so that such term or terms of
years be made to determine on the death of the
woman or women for the benefit of whom the same
shall be created, and the payment of the arrears of
her or their rent-charge or rent-charges, and the
expenses incurred by the non-payment thereof.

or will.

Provided always, [and it is hereby agreed and To vary secudeclared between and by the parties hereto,] (or) rities in a deed [and I do hereby declare and direct,] that it shall be lawful for the trustee or trustees of [these presents,] (or) [this my will] for the time being, at any time or times after [the solemnization of the said intended marriage, (or) [my decease,] with the con

Of advancement.

sent in writing of the said A. B. and C. D., or the
survivor of them, and after the decease of such sur-
vivor, then, by, and of the proper authority, and at
the discretion of such trustees or trustee for the time
being, to call in, sell, transfer, or dispose of all or any
part of the stocks, funds, and securities which for
the time being shall be vested in such trustee or
trustees upon any of the trusts aforesaid, and to lay
out and invest the principal monies to arise by such
calling in sale, transfer, or disposition, in the names
or name of such trustees or trustee for the time
being, in some or one of the parliamentary stocks
or funds of Great Britain, or at interest on govern-
ment or real securities in England or Wales, to be
from time to time in like manner altered, varied, and
transposed for or into other stocks, funds, and secu-
rities of the like nature, when and so often as occa-
sion may require, as they or he shall think proper.
And it is hereby agreed and declared by the said
parties,] (or) [I do hereby also declare and direct,]
that the said trustees or trustee for the time being
shall stand possessed of and interested in all such
new and other stocks, funds, or securities as afore-
said, and the interest, dividends, and annual produce
thereof, upon and for such and the same trusts, in-
tents, and purposes, and under and subject to such
and the same powers, provisos, declarations, and
agreements as are in and by [these presents,] (or)
[this my will,] expressed, declared, and contained
of and concerning the premises which shall be so
sold, transferred, or disposed of as aforesaid, and the
interest, dividends, and annual proceeds thereof, or
as near thereto, as the death of parties and other
circumstances will permit.

Provided always, &c., that it shall be lawful for the trustees or trustee for the time being, &c., in the lifetime, and with the consent in writing of the said A. B. and C. D., or of the survivor of them, and after the decease of such survivor, by and of the proper authority, and at the discretion of the said

trustees or trustee for the time being, at any time or times, to apply and dispose of any part or parts of the share or shares, portion or portions, of such of the children of the said [intended marriage,] (or) [A. B.,] as shall be a son or sons, of and in the said trust premises, not exceeding one-third part of his or their then presumptive or expectant, or their vested share or shares, portion or portions, in or for the placing or putting of him or them in or to any profession, business, or employment, or for his or their instruction therein, or for purchasing a commission or commissions in the army or otherwise for his or their benefit, or advancement in the world.

Provided always, &c., that it shall and may be To lease. lawful to and for [the trustees or trustee for the time being, of, &c., with the consent in writing of the said A. B. if living, but if not, then of the proper authority of such trustees or trustee,] or [the said A. B. during his life, or after his decease for the person or persons who under or by virtue of the limitations or conditions hereinbefore contained, shall for the time being be entitled to the first or immediate estate of inheritance, or beneficially entitled in possession to the rents and profits of the said messuages, &c., hereinbefore granted and released, or intended so to be, if such person or persons shall be of full age, but if not, then for the guardian or guardians, for the time being, of such person or persons during his or their minority or respective minorities,] or [for the said [tenants for life.] When, and as by virtue of the limitations hereinbefore contained, they shall respectively be in possession, or beneficially entitled to the receipt of the rents and profits of the said messuages, &c., herein. before granted and released, or intended so to be, during their respective lives, if such persons respec

Where the legal estate is vested in the trustees.

• Where the limitations are to uses in strict settlement. Where it is intended to confine the power to the tenants for life.

Of revocation

pointment.

tively shall be of full age, but if not, then for the guardian or guardians for the time being of such person not being of full age during his or her minority,] from time to time to demise or lease all and every part or parts of the same hereditaments, with the appurtenances, to any person or persons for any term or number of years not exceeding twenty-one years, in possession, and not in reversion, or by way of future interest, but so that there be reserved and made payable in every such lease during the continuance thereof, the best and most improved yearly rent or rents, to go along with, and be incident to, the immediate reversion or remainder of the premises so to be leased, that can or may be reasonably obtained for the same, without taking any premium or fore-gift for the making thereof, and so that in every such lease there be contained a condition of re-entry on non-payment of the rent or rents thereby reserved, by the space of twenty-one days next after the same shall become due and payable, and so that the lessee or respective lessees to whom such lease shall be made, seal and deliver a counterpart or duplicate thereof, and be not by any clause or words therein contained, authorised to commit waste, or exempted from punishment for committing

waste.

Provided always, &c., that it shall and may be and new ap- lawful to and for the said A. B., at any time or times hereafter, by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by him in the presence of, and attested by two or more credible witnesses, or by his last will and testament in writing, or any codicil or codicils thereto, to revoke, determine, and make void, or to alter or vary all and every, or any of the uses, estates, trusts, limitations, powers, and provisions hereinbefore limited, created, and declared, of and concerning the said real and personal estate and premises respectively hereby settled and assured, or expressed, or intended so to be, or any part thereof respectively,