charge or respective rents-charge, or so much Appendix, of the said term or respective terms as shall. No. IV. b. not be disposed of under the trusts to be declared for securing the same yearly rentcharge or respective rents-charge, shall be made to cease and determine: but it is hereby agreed and declared between and by the said parties to these presents, that if they the said C. D., E. F., and G. H., or any of them, at any time or times hereafter, before they respectively shall by virtue of, or under, the limitations hereinbefore contained, be in the actual possession or receipt of the rents and profits of the hereditaments expressed to be hereby appointed and released, shall, in exercise of the powers hereinbefore reserved to them respectively, limit or appoint to, or in trust for, any woman or women whom he or they shall or may marry, any annual sum or annual sums, or yearly rent-charge or yearly rents-charge, by way of jointure as aforesaid, then and in every such case, no annual sum or annual sums, yearly rent-charge or yearly rents-charge, which shall be so limited or appointed as aforesaid, shall take effect in possession, or charge the hereditaments expressed or intended to be charged with the same respectively, or be payable, unless and until the person limiting or appointing the same as aforesaid, shall under, or by virtue of, the limitations aforesaid, or some of them, become entitled to the possession or receipt of the Appendix, rents and profits of the same hereditaments, or if he shall die previously thereto, then unless and until he would, in consequence of the determination of the uses or estates preceding the use or estate hereby limited to him, have become, if living, entitled to the possession or receipt of the rents and profits of the same hereditaments, at any time during the life of his wife, to or for whom such annual sum or yearly rent-charge shall be so limited as aforesaid. Provided also, and it is hereby agreed and declared between and by the said parties to these presents, that the said hereditaments shall not, under or by virtue of these presents, or the powers hereinbefore contained, or any of them (and including the said yearly rentcharge of provided for the said I. K. as aforesaid), be at any one time subject or liable to the payment of any annual sum or annual sums, or yearly rent-charge or yearly rents-charge by way of jointure, exceeding in the whole the annual sum of £ ; so that if, by virtue or in exercise of the aforesaid powers of jointuring, or any of them, the said hereditaments, or any part or parts thereof, would, in case this present proviso had not been inserted, be charged with a greater annual sum for jointures in the whole, than the said sum the payment of the sum occasion of ing such excess, or such part thereof as shall occasion the same, shall, during the time of such excess, be suspended. Appendix, No. IV. b. APPENDIX, No. V. a. Proviso enabling a Tenant for Life, in Possession, to charge for younger Children's Portions. No. V. a. PROVIDED always, and it is hereby agreed Appendix, and declared between and by the said parties. hereto, that it shall and may be lawful to and for the said A. B., at any time or times during his life, by any deed or deeds, instrument or instruments in writing, with or without power of revocation and new appointment, to be by him sealed and delivered in the presence of, and to be attested by, two or more credible witnesses, or by his last will and testament in writing, or any codicil or codicils thereto, to be by him signed and published in the presence of, and attested by, three or more credible witnesses (but subject, and without prejudice, to the said yearly rentcharge of and the powers and remedies hereinbefore limited for enforcing payment thereof, and to the said term of 99 years, under the trusts aforesaid, for better securing the same yearly rent-charge, and also subject, and without prejudice, to any other jointure, which may be limited or created No. V. a. Appendix, by the said A. B., in exercise of the power hereinbefore reserved to him for that purpose), to subject and charge all or any part of the said hereditaments expressed to be hereby released, to and with the payment of any sum or sums of money, not exceeding in the whole the sum of of lawful money of Great Britain, for the portion or por tions of all, and every, or any of the children of the said A. B., lawfully begotten or to be begotten (not being any of them an eldest or only son for the time being entitled to the said hereditaments expressed to be hereby released for an estate tail in possession, or in remainder expectant upon the decease of the said A. B.), with interest for the same at any rate, not exceeding 51. for every 100l. by the year, to be paid to, or shared and divided between or amongst all, and every, or any one or more of the children of the said A. B. (not being any of them an eldest or only son for the time being entitled as aforesaid), at such age or respective ages, days, or times, and in such parts, shares, and proportions, and with such conditions, restrictions, and limitations over for the benefit of some or one of the same children (not being any of them an eldest or only son for the time being entitled as aforesaid), and in such manner, as he the said A. B., by any deed or deeds, instrument or instruments, in writing, with or without power of revocation and new appointment, to be by him sealed and delivered in the pre- Y Appendix, |