-use of bro

tended bus

ther of the in-
band for life;
[remainders

to the issue male

of

the brother,

the other brothers of the intended husband, and their issue male]; and other daughters of marriage in tail

remainders to

-use of first

the intended

male;

[remainders to first and other daughters of the intended hus

band by any future wife in

mainders to daughters of the

tail male, re

every younger son and the heirs male of his body; And on failure of such issue, To THE USE of [next younger brother of the intended husband] and his assigns, during his life, without impeachment of waste, [remainder to trustees to preserve contingent remainders, with remainders to the first and other sons of the brother in tail male, corresponding with the previous limitations to the intended husband and his issue male, with like remainders to his other brothers, according to seniority, and their sons in tail male]; And on failure of such issue, To THE USE of the first and every other daughter successively of the said [relessor] by the said [intended wife] in remainder, one after another, and the heirs male of the body of each such daughter, every elder daughter and the heirs of her body taking before every younger daughter and the heirs of her body; And on failure of such issue, [remainder to the first and other daughters of the intended husband by any future wife, remainder to the first and other daughters of the brothers of the intended husband, according to seniority, in tail male]; And on failure of such issue, To THE USE of the said [trustees to preserve contingent remainders], their executors and administrators, during the life of [name], the wife of [name and additions], who before her marriage with him was [maiden name], spinster, the eldest use of trussister of the said [intended husband], without impeachment of of a married waste, Upon trust to preserve the contingent remainders herein- sister of the inafter limited, and to pay the rents and profits of the said here- for her separate ditaments into the proper hand of the said [sister], or to such use; person or persons as she shall by writing under her hand appoint to receive the same, but not by way of anticipation, for her separate use, free from marital control, and for which rents and profits the receipts of herself or her appointees shall be sufficient discharges; And immediately after her decease, [re-[remainders mainders to the first and other sons of the sister in tail male, with like remainders, in favour of the other sisters of the tended husband, according to seniority, and their sons in male, with remainders to the daughters of the sisters in tail male]; And on failure of such issue, To the use of the said [relessor], their issue his heirs and assigns for ever. PROVIDED ALWAYS, that every -use of husperson not bearing, otherwise than by the unauthorized assumption thereof (51), the surname and arms hereinafter re

in

tail

(51) See Doe d. Luscombe v. Yates, (5 B. & A. 544); Hawkins v. Luscombe, (2 Swanst. 375).

brothers in tail

male];

tended husband

to first and other sons of the sister in tail male, re

mainders to the

other sisters of

husband and

the intended

male];

band in fee.

Clause for taking name and

arms.

Trusts of the term for 500 years;

quired to be taken and used, who shall become entitled as be-
neficial tenant for life or in tail under the limitations herein
contained, and not be a married woman, or who shall marry
any female becoming so entitled, shall, as to every such tenant,
within eighteen calendar months after he or she shall become
entitled in possession, if of the age of twenty-one years, or if
not, within eighteen calendar months after attaining that age,
and as to every such husband, within eighteen calendar months
after his wife shall become entitled in possession or become his
wife, whichever shall last happen, endeavour to obtain an act of
parliament or license from the crown, authorizing such person to
assume and use the surname of
either alone or in addi-
tion to his or her proper surname, (but so that the name of
shall be the last and principal name), and the arms of
either alone or quartered with his or her family arms;
and shall, on obtaining such act or license, assume and thence-
forth use the same surname and arms accordingly; and that
every person excluded from the aforesaid requisitions by reason
of his or her bearing already the surname and arms aforesaid,
shall continue the use of such surname and arms; and that in
case of neglect or refusal to comply with all or any of the re-
quisitions of this proviso, the estate or estates hereby limited to
the person, [or, as the case may be, the estate hereby limited to
the ancestor of the person], who, or whose husband, shall be
guilty of such neglect or refusal, shall cease, and the subse-
quent limitations be accelerated, yet so that if all or any of the
uses limited to the issue of a tenant for life, whose estate shall
so cease, shall be contingent, a limitation to the use of the said
[trustees to preserve contingent remainders], their executors
and administrators, for the life of such tenant, shall spring and
immediately precede the use or uses from time to time in con-
tingency, upon trust to preserve the same, and to permit, if
there be no prior vested estate, the rents and profits to be re-
ceived and enjoyed by the person or persons for the time being
entitled to the first vested remainder: And it is declared, that
on the cesser of the estate of a female tenant for life, whose
husband shall so neglect or refuse as aforesaid, any appoint-
ment or appointments which she may have made in his favour
of a rent-charge or rent-charges, in exercise of the power
hereinafter given to her, shall be void. And it is declared,
that the said term of 500 years is limited to the said [trustees
of term], their executors, administrators, and assigns, UPON

TRUST, in the first place, for securing to the said [intended wife] for securing and her assigns the yearly rent-charge hereinbefore limited jointure; to her for her jointure; and for that purpose, when and so often as the same rent-charge shall be in arrear for thirty days after any of the days appointed for payment thereof, out of the rents and profits of the said hereditaments, or by mortgaging, selling, or otherwise disposing of the same hereditaments, or any part thereof, for the last-mentioned term or any part thereof, or by all or any of the means aforesaid, to raise and satisfy all arrears of the last-mentioned rent-charge, and all incidental costs and expenses; And, subject to the trust aforesaid, UPON FURTHER TRUST (52), by the direction in for raising

portions for

Of trusts for raising portions.

1. As to the means of raising them in the lifetime of the tenant for life.

2. As to the criterion for ascertaining the

quantum of

(52) The usual modes of making provision for younger children in strict settlements, appear to be liable to some objections:-1. They limit a term in reversion, expectant on the death of the father, tenant for life, at the same time that the portions are made raisable in his lifetime with his consent; consequently, in order to effect a loan in his lifetime, he must charge his life interest. A security thus derived partly out of the life estate, and partly out of the term, is complex and inconvenient. To place the term before the life estate might be deemed objectionable, as intercepting the legal dominion of the tenant for life, and, where the wife's jointure is charged on the same lands, as prejudicing her rights; but it seems desirable that a power to accelerate the term should be given to the tenant for life. 2. They adjust the quantum of provision for the younger children by reference to the number of children coming into existence, instead of the number eventually requiring a permanent provision, i. e. marrying or attaining twenty-one. Having indicated a certain sum for a given number provision to be of children born, they go on to direct accruer among the children if any raised. die under age, &c.; but as one child might eventually carry off the whole fund, a corrective clause is applied, cutting down the augmented portion to a certain sum. This, of course, adds considerably to the length and complication of the trusts. The number of objects who may require a substantial provision, furnishes, it is conceived, the proper criterion for ascertaining the amount of the fund. The expectant share of a child, or, in other words, what that child would take if the children for the time being in existence should in event be the objects, may be available for the purposes of advancement, for which purpose it is not material whether the share is vested, subject to be divested, or purely contingent. In framing trusts for children in money settlements, some conveyancers adopt the contingent form, making the attainment of twenty-one, &c., an integral part of the description of the objects, which renders the survivorship clause unnecessary, since no child dying under twenty-one, &c., is an object of the trust. Under the ordinary clauses a child takes a vested interest on its birth, subject to be divested. Where distinct clauses of accruer are applied, as is some

ren.

of like

younger child- writing of the said [relessor], during his life, and after his decease of the proper authority of the trustees or trustee for the time being of the same term, by all or any of the means aforesaid, to raise, in case one child and no more of the said intended marriage, other than an eldest or only son entitled to the inheritance of the said hereditaments under the limitations hereinbefore contained, shall attain the age of twenty-one years, or be married, the sum of £ of lawful British money; or in case two children and no more of such marriage, other than an eldest or only son entitled as aforesaid, shall attain that age, or be married, the sum of £ money; or in case three or more children of such marriage other than an eldest or only son entitled as aforesaid shall attain that age or be married, the sum of £- of like Trusts of money money. And as to the money which shall become raisable under the trust lastly declared, IN TRUST, as a portion or portions, for the child or more remote issue, or all or any one or more of the children or more remote issue of the said shall appoint; intended marriage, (such issue to be born in the lifetime of the said [relessor]), other than an eldest or only son, or issue of an eldest or only son entitled as aforesaid, for such interest or interests in such shares, to be vested and paid on such contingencies, and at such period or periods, with such limitations over in favour of any other or others of the object of this trust, and in such manner, in all respects, as the said [relessor], by any deed or deeds, revocable or irrevocable, executed by him in the presence of and attested by one or more than one witness, or by his last will, or any testamentary writing, exe

raised;
-for younger
children and
issue as in-
tended husband

3. As to the distribution of the fund when raised.

times done, to the original, and again to the accruing shares, the process is long and intricate. 3. The fund is by the forms in question made payable to an only child, or divisible among all the children, in such shares as the father shall appoint, and for want of appointment equally; instead of being treated as a fund applicable to the benefit of the younger branches of the family, according to the common course of money settlements. When real estates are strictly settled on the elder branch, and there is besides an existing money fund, that fund is commonly settled in trust for all, or any one or more exclusively, of the younger children, grandchildren, or more remote issue, as the parents shall appoint, &c.; and there seems to be no reason why a fund, drawn out of the real estate to supply the want of such an existing fund, should be settled in a different manner. The clauses in the text have been framed on the principles here suggested.

clause.

cuted and attested according to the statute for the amendment of the laws with respect to wills, shall appoint. And in default of in default of such appointment, and subject to any partial appointment, appointment, IN TRUST, as a portion or portions, for the child children equally. if only one, or all the children if more than one, of the said intended marriage, who shall attain the age of twenty-one years or be married, other than an eldest or only son entitled as aforesaid, such children, if more than one, to take in equal shares. PROVIDED ALWAYS, that no child taking any portion Distribution, or hotchpot, or portions under any exercise of the aforesaid power of ap- clause. pointment shall participate in the unappointed fund, otherwise than under a further exercise of such power, without bringing the appointed portion or portions into distribution with the other child or children, objects of the trust last aforesaid, and making an allowance for the same. PROVIDED ALSO, Advancement that it shall be lawful for the trustees or trustee for the time being of the said term of 500 years, by the direction in writing of the said [relessor], during his life, and after his decease in the discretion of such trustees or trustee, to raise in manner aforesaid, and apply in or towards the advancement or preferment in the world or otherwise for the benefit of any child or children or issue entitled to any vested, contingent, or presumptive portion or portions under the trusts aforesaid, any sum or sums not exceeding in the whole one half of his, her, or their portion or respective portions. PROVIDED ALSO, that any money which the said Sums advanced [relessor] shall give or advance in his lifetime, for or towards to go in part discharge of the preferment or establishment in the world of any child or portions. children or issue entitled as last aforesaid, shall go in full or in part satisfaction, according to the amount thereof, of the portion or portions of such child or children or issue, unless the said [relessor] shall, by writing under his hand, other

wise declare. PROVIDED ALSO, that the said trustees or trustee Maintenance shall, after the decease of the said [relessor], unless he shall clause. otherwise direct by any exercise of the aforesaid power of appointment, raise out of the rents and profits of the said hereditaments, and apply in or towards the maintenance and education, or otherwise for the benefit of any child or children or issue entitled as last aforesaid, an annual sum or annual sums equal to interest after the rate of £ per cent. per annum on his, her, or their portion or respective portions.