This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
In Witness, etc. (as in Form I.) (c)
(c) For other covenants and clauses which are frequently inserted see " Encyclopaedia of Forms," vol. viii. p. 628.
Schedule (Description of the Property)
this Indenture made the 15th day of January 1908 Between ARTHUR SMITH of 232 Brook Street in the County of London M.D. of the first part MARY JONES of "The Mount" Surbiton in the county of Surrey spinster of the second part and ANDREW DUNCAN of No. 90 the Albany in the County of London and the REVEREND GEORGE WHITE of the Rectory Clerkharn in the county of Surrey (hereinafter called "the Trustees ") of the third part.
Whereas a marriage is intended to be solemnized between the said Arthur Smith and the said Mary Jones
And Whereas the said Arthur Smith is seised of or entitled to the manors and hereditaments hereinafter expressed to be hereby granted for an estate of inheritance in fee simple in possession free from incumbrances.
And Whereas upon the treaty for the said intended marriage it was agreed that the said Arthur Smith should settle the said manors and other hereditaments and tenements in manner hereinafter appearing.
Now this Indenture Witnessth as follows: -
1. In pursuance of the said agreement and in consideration of the said intended marriage the said Arthur Smith with the privity of the said Mary Jones and as settlor hereby grants and conveys to the Trustees and their heirs All That the Manor of Ewbury in the County of Surrey and also All those the freehold hereditaments lying within the said Manor and containing by admeasurement 56 a. 2 r. 32 p. or thereabouts with the mansion house or messuage thereon known as Coneyborough To hold the said manor and hereditaments and all other the premises hereby granted with their appurtenances unto the Trustees and their heirs to the uses following namely: -
(1) To the use of the said Arthur Smith and his heirs until the said intended marriage shall be solemnized.
(2) From and after the solemnization of the said marriage To the use and intent that henceforth during the joint lives of the said Arthur Smith and Mary Jones there shall be charged upon and shall issue out of the premises hereby granted and out of the rents and profits thereof to the Trustees the yearly rent-charge of £200 sterling without deduction except for income tax and by half-yearly payments on the 24th day of June and the 25th day of December and on the first of such days which shall occur next after its determination such yearly rent-charge to be paid by the Trustees to the said Mary Jones for her separate use without power to anticipate the same.
(3) Subject to and after payment of the said yearly rent-charge and to the powers by the 44th section of the Conveyancing and Law of Property Act 1881 given for the recovery thereof, and to every (if any) term of years which may be created by virtue of such powers To the use of the said Arthur Smith and his assigns without impeachment of waste.
(4) From and after the death of the said Arthur Smith if the said Mary Jones shall survive him To the use and intent that the premises hereby granted and the income thereof shall stand charged with and that there shall issue thereout to the said Mary Jones and her assigns during her life a yearly rent-charge (clear of all deductions except for estate duty settlement estate duty and income tax) of £800 sterling the same to be in lieu of her jointure and in bar of dower and free-bench and to be paid to the said Mary Jones her executors and administrators or assigns half-yearly on every 24th day of June and 25th day of December including the first of such days which shall occur next after its determination.
(5) From and after the death of the said Arthur Smith (whether the said Mary Jones shall die in the lifetime of the said Arthur Smith or shall survive him but if she shall survive him subject to the said yearly rent-charge of £800 and to the powers by the 44th section of the Conveyancing and Law of Property Act 1881 given for the recovery thereof and to every if any term of years which may be created by virtue of such powers) To the use of the Trustees during the term of 500 years next following the death of the said Arthur Smith without impeachment of waste Upon the Trusts and subject to the provisoes agreements and declarations hereinafter in clauses 3 and 4 hereof expressed concerning the same term.
(6) From and after the determination of the said term of 500 years and in the meantime subject thereto and to the trusts thereof To the use of the first and all other sons of the said intended marriage successively according to seniority in tail male.
(7) In default of such issue as aforesaid To the use of the first and all other sons of the said intended marriage successively according to seniority in tail.
(8) In default of such issue as aforesaid To the use of the daughter (if only one) of the said intended marriage in tail. But if there shall be more than one such daughter then To the use of all the daughters of the said intended marriage as tenants in common in tail in equal shares.
(9) If there shall be a failure of issue of the body or bodies of any one or more of such daughters as aforesaid then as to the share or shares as well surviving or accruing as original of any such daughter or daughters whose issue shall so fail as aforesaid To the use of the others if there be more than one other of the said daughters equally as tenants in common in tail.
(10) If all except one of the daughters of the said intended marriage shall die without issue then as to the whole of the premises To the use of that one daughter in tail.
(11) In default of such issue as aforesaid. To the use of the said Arthur Smith his heirs and assigns for ever.
2. Provided always that the Trustees shall not at any time be bound (although they shall be at liberty) to require payment of or to receive the said yearly rent-charge of £200 or any part thereof unless they shall have been requested in writing by the said Mary Jones to receive the said rent-charge or that part thereof. And that the Trustees shall not be liable to answer for the consequences of any neglect to receive any arrears of the said yearly rent-charge of £200 unless within three calendar months next following the date at which such arrears as aforesaid become payable the said Mary Jones shall have in writing requested the Trustees to receive those arrears. And that all arrears of the said rent-charge which neither the Trustees shall have received nor the said Mary Jones shall in manner aforesaid have requested the Trustees to receive shall merge in the inheritance of the said hereditaments so charged with the payment of the said rent-charge as aforesaid.