No. CCCXIV. *Covenant to Surrender Copyhold Lands to secure an Annuity by way of Jointure (1). COVENANTS. Jointure (copyholds). THIS INDENTURE made the 18 in the county of day of day of in the holds to intended year of the reign, &c. and in the year of our Lord BETWEEN, (intended husband) of, &c. of the first part, (intended wife) of, &c. of the second part, and (trustees) of, &c. (trustees named and appointed on the part of the said (intended wife) for the purposes hereinafter mentioned) of the third part. WHEREAS Devise of copylate of, &c. deceased, by his last will and testament, husband. bearing date on or about the which was in the year duly executed and attested, (amongst other things) gave and devised all his copyhold messuages, farms, lands, tenements and hereditaments whatsoever, lying within the manor of unto and to the use of his son the said (intended husband) for the term of his natural life, without impeachment of waste, with remainder to the use of his first and other sons in tail male, with divers remainders over. AND in the said will was contained a proviso and declaration that it should be lawful for the said (intended husband) by any surrender or surrenders, or other good and sufficient act, deed or assurance in the law, to limit, appoint and charge the said copyholds, hereditaments or any part thereof, with an annuity or yearly rent-charge, to be issuing out of the same to or for any woman he might marry, to commence and take place after his decease,during the natura life of such woman, in case she should survive him, for or in the nature of a jointure, and in (1) See ante, Vol. I. No. C. p. 311, in notes. A jointure made to a wife of copyhold lands will not bar her of her dower at law; Co. Lit. 36; Gilb. Ten. 183; but when made before marriage and accepted by her, she being of full age, it will be an equitable bar; see Caruthers v. Caruthers, 4 Brow. Ch. Ca. 500; Williams v. Chitty, 3 Ves. 545. COVENANTS. Jointure (copyholds). WITNESS. Intended husband in consi lieu of dower or freebench, so as such annuity or yearly rent-charge did not exceed £ every L which the , per annum for said (intended husband) should receive with such woman, and so as the same should not exceed in the whole one half of the clear yearly value of the said copyhold hereditaments. AND WHEREAS the said testator afterwards departed this life without revoking or altering his said will, and the said (intended husband) has been duly admitted to and is now in possession of the said hereditaments under or by virtue of the said will. AND WHEREAS a marriage is about to take place between the said (intended husband) and the said (intended wife), who upon her marriage will be entitled to and will receive the sum of £ as her portion or fortune. AND WHEREAS the said (intended husband) is desirous and has agreed to charge the said copyhold hereditaments so devised to him by the said in part recited will with the payment to his said wife of an annuity or yearly sum of £ as and for her jointure and in lieu of dower, in pursuance of the power reserved to him in and by the same will for that purpose, and which she the said (intended wife) hath agreed to accept in lieu and satisfaction thereof. Now THIS INDENTURE WITNESSETH, that in pursuance of the power conderation of wife's tained in the said in part recited will of the said (testator) deceased, and of all other powers and authorities enabling him thereunto, and for and in consideration of the sum of £ of lawful money of the United Kingdom of Great Britain and Ireland, to which the said (intended wife) will be entitled to, and which will belong to him the said (intended husband) in her right, upon the said marriage taking effect, HE the said (intended husband), for himself, his heirs, executors and administrators, doth hereby covenant, declare, and agree with and to the said (trustees), their heirs and assigns, that he the said (intended husband) shall and will at the next general customary or some special court to be previously holden for the said manor of at his own costs and charges, surrender or cause to be surrendered into the hands of the lord of the said manor according to the custom thereof, ALL that and those, &c. being part and parcel of the copyhold or customary messuages, farms, lands, tenements and hereditaments so devised to him in or by the said in part recited will of his said late father deceased, as aforesaid, with their appurtenants. AND the said (intended husband) doth hereby also limit, direct and appoint, and doth declare and agree with and to the said (trustees) and their heirs, that the said surrenders when made and perfected shall be and enure to fortune cove nants to surrender copy holds. To the use, &c. the uses, for the trusts, and to the intents and purposes hereinafter , between the hours of 10 and 12 of the clock in the forenoon (unless elsewhere sooner demanded) by equal quarterly payments, on the day of the day of &c. in every year, and the first quarterly payment of the said annuity or annual sum to be computed from such of the said days of payment as shall have happened next before the decease of the said (intended husband), and to be paid and payable upon such of the said quarter days as shall happen next after his decease, and the last quarter's payment thereof or a due and proportionate part thereof, up to the day of the decease of her the said (intended wife) to be paid to her executors, administrators or assigns, within the space of one calendar month next after her decease. AND upon further trust that they the said (trustees) and the survivor of them, and the heirs of the survivors, or their or his assigns or sequels in right, do and shall from and immediately after the decease of the said (intended wife), and also during COVENANTS. Jointure (copyholds). COVENANTS. Jointure (copyholds). her life time, subject only to the said annuity or yearly sum, HOLD the said copyhold or customary messuages, farms, lands, tenements and hereditaments, IN TRUST for the first son of the body, &c. [as the case may be.] [Add usual covenants by intended husband for title, &c. (1).] IN WITNESS, &c. (1) See ante, Vol. I. p. 316, post. p. 395. No. CCCXV. *A Deed of Covenant by an Intended Husband Tenant for Life, to charge Estates with a Rent-charge in lieu of a Jointure (1) at a future period in pursuance of a Power. COVENANTS. Jointure (rent-charge). THIS INDENTURE of three parts made the in the 18 day of settlement and power to join year of the reign, &c. and in the year of our Lord BETWEEN (intended husband) of, &c. of the first part, (intended wife) of, &c. of the second part, and (trustees) of, &c. [trustees named and appointed on the part and behalf of the said (intended husband) and (intended wife) for the purposes hereinafter expressed] of the third part. WHEREAS, &c. [recite settlement or Recitals of will by which the estates are limited to the intended husband for life]. AND in the said in part recited indenture [or will] is con- ture. tained a proviso, and it was thereby declared that it should be lawful for the several persons thereby made tenants for life of the said estates from time to time during their respective lives, when they should by virtue of the said settlement [or will] be respectively in possession of and entitled to the rents and profits thereof, by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by them respectively, in the presence of and attested by two or more credible witnesses, to grant, limit, and appoint to or to the use of any woman or women they or he should respectively marry for their or her lives or life, any annual sum or yearly rent-charge not exceeding £ by the year, for every sum of £ which such woman or women should respectively be actually possessed of and entitled to, and which the person granting such jointure should actually receive for her portion or fortune, such yearly rent-charge to be issuing out of his said estate at said, or some part thereof, free from all deductions, with such powers afore (1) See also ante, No. CCCXIII. |