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devisee, in such prior will or codicil as aforesaid, or of any person claiming under them respectively, which is consistent with, or may be warranted by or under any will or codicil, attested according to the true intent and meaning of this act, or where the estate descended or might have descended to such heir at law, till a future or executory devise, by virtue of any will or codicil attested according to this act, should or might take effect shall be deemed to be a possession within the intent and meaning of the clause herein last before contained.
X. And whereas in some of the British colonies or plantations in America, the said act of the twentyninth year of the reign of King Charles the Second, has been received for law, or acts of assembly have been made, whereby the attestation and subscription of witnesses to devises of lands, tenements, and here ditainents, have been required: therefore, to prevent and avoid doubts which may arise in the said colonies, or plantations, in relation to the attestation of such devises of lands, tenements, and hereditaments, be it enacted by the authority aforesaid, That this act, and every clause, matter, and thing therein contained, shall extend to such of the said colonies and plantations, where the said act of the twenty-ninth year of the reign of King Charles the Second, is by act of assembly made, or by usage received as law, or where, by act of assembly or usage, the attestation and subscription of a witness or witnesses are made necessary to devises of lands, tenements, or hereditaments; and shall have the same force and effect in the construction of or for the avoiding of doubts upon the said acts of assembly, and laws of the said colonies and plantations, as the same ought to have in the construction of or for the avoiding of doubts upon the said act of the twenty-ninth year of the reign of King Charles the Second in England.
XI. Provided always, That as to cases arising in any of the said colonies or plantations in America, no such devise, legacy, or bequest as aforesaid, shall be made null and void by virtue of this act, unless the will or codicil whereby such devise, legacy, or bequest shall be given, shall be made after the first day of March, which shall be in the year of our Lord one thousand seven hundred and fifty-three.
39 & 10 Geo. 3. c. 98.
An Act to restrain all Trusts and Directions in
Deeds or Wills, whereby the Profits or Produce of Real or Personal Estate shall be accumulated, and the beneficial Enjoyment thereof postponed beyond the Time therein limited.
[28th July 1500.]
WHEREAS it is expedient that all dispositions of real or personal estates, whereby the profits and produce thereof are directed to be accumulated, and the beneficial enjoyment thereof is postponed, should be made subject to the restrictions hereinafter contained : may it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and com
mons, in parliament assembled, and by the authority No person by
of the same, that no person or persons shall, after the deed or will, &c. passing of this act, by any deed or deeds, surrender dispose of any
or surrenders, will, codicil, or otherwise howsoever, property, is such settle or dispose of any real or personal property, só
term than herein
and in such manner that the rents, issues, profits, or manner that the produce thereof, shall be wholly or partially accumu- shall be accumulated for any longer term than the life or lives of any
lated for a longer such grantor or grantors, settler or settlers, or the mentioned, and term of twenty-one years from the death of any such any other direcio grantor, settler, devisor, or testator, or during the and the rents go minority or respective minorities of any person or entitled thereto. persons who shall be living, or in ventre sa mere at the time of the death of such grantor, devisor, or testator, or during the minority or respective minorities only of any person or persons who, under the uses or trusts of the deed, surrender, will, or other assurances, directing such accumulations, would, for the time being, if of full age, be entitled unto the rents, issues, and profits, or the interest, dividends, or annual produce so directed to be accumulated; and in every case where any accumulation shall be directed otherwise than as aforesaid, such direction shall be null and void, and the rents, issues, profits, and produce of such property so directed to be accumulated shall, so long as the same shall be directed to be accumulated contrary to the provisions of this act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.
to extend to any
II. Provided always, and be it enacted, That no- Nothing herein thing in this act contained shall extend to any provi
provision for sion for payment of debts of any grantor, settler, or payment of debts devisor, or other person or persons, or to any proportions for chilvision for raising portions for any child or children dren, or touching of any grantor, settler, or devisor, or any child or timber: children of any person taking any interest under any such conveyance, settlement, or devise, or to any direction touching the produce of timber or wood upon any lands or tenements, but that all such provisions and directions shall and may be made and given as if this act had not passed.
Nor to any
III. Provided also, and be it enacted, That nothing disposition of in this act contained shall extend to any disposition heretable property in Scotland. respecting heretable property within that part of
Great Britain called Scotland.
When restric- IV. Provided also, and be it enacted, That the tions shall take restrictions in this act contained shall take effect and effect with respect to will be in force with respect to wills and testaments made made before she and executed before the passing of this act, in such
cases only where the devisor or testator shall be living, and of sound and disposing mind, after the expiration of twelve calendar months from the passing of this act.
PRECEDENTS OF WILLS
Power given in a Will to a Person to whom a
Life-estate is limited, to charge the Estate with
Provided always, and I do will and direct, that it shall and may be lawful to and for my said daughter Margaret, by any deed or deeds, instrument or instruments in writing, with or without power of revocation, to be by her sealed and delivered in the pre
sence of, and attested by; two or more credible witnesses, or by her last will and testament in writing, or any codicil or codicils thereunto, to be signed and published by her in the presence of, and attested by, three or more credible witnesses, (but subject and without prejudice to the said annual sums or yearly rent charges herein before limited by this my will, and the powers and remedies for recovering the same) to subject and charge all or any part of the said hereditaments and premises, herein-before limited in use to her for life, to and with the payment of any sum or sums of money for the portion or portions of all and every the child or children of the body of my said daughter, lawfully to be begotten, (other than and except, and not being an eldest or only son, (1) entitled for the time being to the hereditaments and premises, or any part thereof, either in possession or in remainder, expectant on the decease of my said daughter, under the limitation contained in this my will) not exceeding the amount hereinafter mentioned, that is to say, if there shall be no more than one such child, (other than and except as aforesaid ) not exceeding the sum of 50001. for his or her portion ; if there shall be two such children and no more, .(other than except as aforesaid) not exceeding 10,000 l. for the portions of such two children; if there shall be three such children, (other than and except as aforesaid) not exceeding 15,0001. for the portions of such three children; and if there shall be four or more such children (other than and except as aforesaid) not exceeding 20,0001. for the portions of such four or more of them; with interest for such por
(1) Every child except the heir is considered in equity as coming what equity within the description of younger children; thus the eldest daugh- understands by ter, where there is a son, or where the estate by a settlement goes younger childré all to a remainder man, is a younger child in equity, Beale v. Beale,