SETTLE- MARRIAGE. Freeholds, Copyholds, Leaseholds, and Money in the Funds. That in case of sale, the in tended husband will join. tually save harmless and keep indemnified them the said (trustees) their executors, administrators, or assigns, of and from the same. AND (1) further, &c. (Covenant by husband to insure the premises against fire (2)). AND FURTHER, that in case the said messuages, lands, tenements, hereditaments, and premises hereby severally granted, released, covenanted to be surrendered and assigned respectively, or any of them, or any part or parts thereof, shall be sold in pursuance of the trusts hereinbefore declared for that purpose, he the said (intended husband) his heirs, executors, and administrators, shall and will, if required, join in such sale, and execute the several conveyances of the premises to be sold, unto and to the use of the purchaser or purchasers thereof, his, her, or their heirs, executors, administrators, and assigns, or as he, she, or they shall direct or appoint, and enter into all proper and reasonable covenants with the purchaser or purchasers, his, her, or their heirs, executors, administrators, or Brevity. time as often as any of the lives in the present or any such new or future lease shall happen to die, and shall and will, when any such new lease as aforesaid shall be made and executed, pay or cause to be paid the fine for making and granting such new lease of the same leasehold premises, and other the fees, costs, and charges incident thereto." (1) If these covenants to repair and insure are in the original lease, they may be omitted here, as being comprised in the preceding covenants by the husband to perform the covenants contained in such lease. (2) See ante, p. 421, rider (F). SETTLE MENTS. MARRIAGE. Freeholds, Copy holds, Lease holds, and Funds. assigns, for the title, possession, and further assurance of the premises so to be sold; nevertheless it is hereby agreed and declared, that the joining of the said (intended husband) or his heirs, executors, or administrators in any such sale, conveyance, or assurance, shall not in any wise be or Money in the be deemed essential or necessary to perfect the title of the purchaser or purchasers thereof, or of any part thereof, the same being intended only for the further satisfaction of such purchaser or purchasers, if required. PROVIDED ALSO, &c. Power of appointing new (Power of appointing new trustees, and usual trustees. clauses of indemnity (1)). IN WITNESS, &c. (1) See ante, p. 481, et seq. New trustees. *** See various other provisos, &c. &c. ante, p. 401, et seq.; Other provisos, 489, et seq.; 525, et seq.; 576, and post, p. 658, et seq. &c. VOL. VII. U U SETTLE MENTS. MARRIAGE. Freeholds, Copyholds, Lease holds, and Funds. Husband co. venants to sur holds. (A) Variation in Limitation of Copyholds, see ante, p. 641, note. "AND THIS INDENTURE FURrther witnesseth, that in Money in the consideration of the said intended marriage, and of other the considerations aforesaid, and in pursuance of the said recited agreement relating to the said copyhold estate of the said (intended husband), he the said (intended husband), for render his copy- himself, his heirs, executors, and administrators, doth hereby promise and agree with the said (trustees to preserve) and their heirs, that in case the said intended marriage shall take effect, he the said (intended husband) or his heirs, shall and will, at his or their own costs and charges, as soon as conveniently may be after the solemnization of the said intended marriage, surrender and assure into the hands of the lord of the manor next hereinafter mentioned, according to the custom of the same manor, ALL AND SINGULAR the copyhold or customary messuages, lands, tenements, and hereditaments of him the said (intended husband), situated within or holden of the said manor of To the use of the husband for life. The wife for life. To trustees in fee, in trust, to aid freeholds in raising a sum for portions. to the several uses, trusts, intents, and purposes, and under and subject to the several powers, provisos, declarations, and agreements, hereinafter limited, expressed, and declared, or referred to of and concerning the same (that is to say) To THE use of him the said (intended husband) and his assigns, during his natural life; and from and after his decease then to the use of the said (intended wife) and her assigns for her life. AND from and after the decease, THEN TO THE USE of the said (trustees) their heirs and assigns for ever, UPON TRUST, that in case there shall be issue of the body of the said (intended husband) on the body of the said (intended wife) to be begotten, an only son, and one or more daughter or daughters, or two sons, and one or more other child or children, then that they the said (trustees) or their heirs or assigns, do and shall, by sale or mortgage of the said copyhold premises hereby covenanted to be surrendered as aforesaid, or any part thereof, or by and out of the rents and profits thereof, raise and levy, or borrow and take up at interest so much and such part or parts of the sum of £ hereinbefore provided, under the trusts of the said term of SETTLE MENTS. MARRIAGE. Freeholds, Copyholds, Leaseholds, and Money in the Funds. years, for or towards the portion or portions of the said child or children (other than and except an eldest or only son, and a second son) and the interest and maintenance in respect thereof, as the freehold premises comprised in the said term of years shall be deficient in raising, or shall not be raised under the trusts of the samé term, which part or parts of the said sum of £ so to be raised by and out of the said copyhold hereditaments hereby covenanted to be surrendered as aforesaid, for making up the portion or portions of such child or children (not being an eldest or only son, or a second son) shall be subject to such and the same direction and appointment by the said (intended husband) and (intended wife), and the survivor of them; and in default of such direction and appointment shall be paid to and vest in the same child or children, at such and the same time or times, with such and the same sum of money for maintenance and education, and with such and the same benefit of survivorship and accruer, and with such power of advancement, and under and subject to such and the same powers, provisos, declarations, and agreements, as are hereinbefore mentioned, limited, expressed, and declared, of and concerning the said sum of £ , hereinbefore provided for or towards the portion or portions of the same child or children respectively, under and by virtue of the trusts of the said term of years as aforesaid, and after the raising And subject and payment of the said sum or sums of money hereinbefore provided to be raised out of the said copyhold messuages, lands, tenements, and hereditaments hereby covenanted to be surrendered as aforesaid, UPON TRUST, that to surrender they the said (trustees) their heirs and assigns, do and shall settle, surrender, and assure the same copyhold or customary messuages, lands, tenements, and hereditaments, or so much thereof as shall not be sold or disposed of for the purposes aforesaid, To THE USE of the first and other sons to the use of of the body of the said (intended husband) on the body of the first and the said (intended wife) to be begotten, and the heirs of the tail general, &c. thereto, the premises other sons in SETTLE MENTS. MARRIAGE. Freeholds, Copyholds, Lease holds, and Money in the Funds. body of such first son issuing; and for default of such issue, Father for life, &c. Uses where the Premises are settled by the Husband's or "TO THE USE of him the said (father) and his assigns, for and during the joint lives of himself and of the said (intended husband) and (intended wife), and of the survivor of them the said (intended husband) and (intended wife), but |