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prized in the said term of 2000 years, as shall not be from time to time applied for some or one of the purposes aforesaid, according to the direction aforesaid, and lay out and invest the same from time to time in the names or name of them my said trustees, or the survivors or survivor of them, or the executors or administrators of such survivor, in some of the public funds, and from time to time accumulate the dividends, interests, and proceed of such funds, or só much thereof as shall not be applied for some or one of the purposes aforesaid, and lay out and invest the same in like inanner, and so in like inanner to accumulate the dividends, interests, and proceed of such other funds, or so much thereof as shall not be applied as aforesaid, to the intent that in this manner a fund may be established for answering the purposes aforesaid, and also the purposes hereinafter mentioned, out of which fund i direct the same or such of them as shall from to time remain unsatisfied and be capable of being carried into effect, to be answered and carried into effect. And my will is and I do hereby direct and appoint that by and out of the said fund so to be established as aforesaid but not otherwise, after the several purposés aforesaid, or such of them as shall be capable of being carried into effect shall be satisfied, the trustees or trustee for the time being of the said term of 2000 years, here- Trustees out of by limited or created, shall pay off' and discharge all the said fund to mortgages, securities, and charges which shall have gages upon any been made of or upon any of my estates in pursus of the testator"

. ance or by virtue of this my will, besides such mortgages as are hereinbefore directed to be paid, and in the next place shall pay off and discharge se far as the said fund shall extend, such mortgage or mortgages and securities as may then have been made in pursuance or by virtue of or under the said indenture of the

day of

-, or any part or parts thereof, for the purposes of raising all or any of the portions thereby directed to be raised, or any

rents, the

of them, or any part or parts of them, or of any of them; and in case the said last-mentioned portions or any part or parts thereof respectively, shall not have been so secured, then in trust to pay off and dis

charge such of the said portions or such part or parts Testator gives

thereof as shall not have been so secured. And I give his leaseholds

and bequeath all my leasehold lands and tenements not before bequeathed to not hereinbefore bequeathed as aforesaid, nor includtrustees, in the ed in any settlement made by me previous to the first place, out of the rents and making of this my will, unto the said Sir G.C., R. M. profits, to pay the J. D., J. C. J., and J. F., their executors and adminisexpences of per- trators, for all my term and terms, estate and interest forming the

therein respectively, in trust in the first place out of of renewals, and the rents and profits thereof, to pay the rents reserved subject thereto, and to be reserved by the respective leases under ed thereef upon which the same are or shall be holden, and to perform

and pond as nearly pay

the expences of performing the covenants as may be with and agreements in such leases respectively contained

on the lessees or tenants parts, and to pay the taxes clared and limit, payable by the landlord in respect thereof, and to cerning the free- renew and pay the expences of renewing such leases hold property, from time to time, at the accustomed times of re(except the said terms of 99 and newal, and subject thereto, to stand and be possessed 2000 years) but and interested of and in the same respectively, upon so as not to be considered as such trusts *, and to and for such intents and pur

covenants, and

trusts to corres

the uses, trusts, &c. before de

* By a limitation of leaseholds or mere personal chattels in Of the effect of strict settlement where the personal estate is either included in the the clause directing leaseholds to

same limitation as the freehold, or limited with reference to such be settled as far limitations of the freeholds, the first tenant in tail that comes into as the law will esse, becomes absolutely entitled to the personal property, subject to allow, upon

the preceding particular estates therein, and this of course frequently Tusts correspon: produces a separation between the real and personal estate. See of the freehold. Gregory v. Pelham, 5 Bro. P. C. 435, and the Duke of Bridgwater

v. Egerton, 2 Vez. 122, and Duke of Marlborough v. Spencer, 5 Bro. P. C. 592. But this vesting may be postponed by specific limitations to a more distant period, and the estate made to accompany still further the freehold estates. The settlor may suspend the absolute vesting of the leasehold estates to any period not exceeding 21 years, after a life or lives in being. In reference to these modes of continu. ing the personal estate in the channel of the real estate, wilds and

poses, and with, under, and subject to such powers, in any person provisos, conditions, restrictions, limitations, and who would be

settlements frequently vest the leasehold property in trustees, directing them to settle them according to the limitations of the freehold as far as the law will allow, or in terms of similar import. Lord Hardwicke treated these words as affording a ground for a Court of

E quity, to model the limitations accordingly; for he thought that this clause was to be considered as executory and directory, and that it was for that Court to direct such conveyance as would make the interests in both species of estates, correspond as far as by law was practicable, or in other words, as far as the settler or testator could himself have done ; and it was plain he might have limited them to A. for life, remainder to his first son, and the heirs male of his body, and if such first son died before the age of 21, and without issue male, remainder over to his second son; he might have made the same limitations over to all the other sons, and in default of such issue, he might have limited the remainder over ; and in case no son had lived to attain the age of 21, the remainder would have been clearly good. It was said by Lord Hardwicke, that that was the common and known way of conveyancing in settling chattels, and that where things were direcied to go as heir-looms with an estate, or, in case of a marriage settlement, or the like, so far as they could by law or equity, it was very proper it should be left to the court to settle the conveyance. See Gower v. Grosvenor, Barnardiston's Rep. in Ch. 54, and Trafford v Trafford, 3 Atk. 347. But other cases have held that these words, “ as far as the law will allow," do not necesearily import a desire that the chattels should be kept in the channel of succession as long as the ingenuity of conveyancers might contrive; but that they must be understood as being meant only to direct that estates may be taken in the personal property as nearly correspondent as the law allows, having respect to their different natures. And this was Lord Thuilow's opinion, see Vaughan v. Burslem, 3 Bro. C. C. 101. who there held that when the first son came into esse, he was absolutely entitled under such a directory clause; sce Foley v. Barnell, 1 Bro. C.C. 274. It appears that Lord Eldon had considered the question as settled by the two cases of Foley v. Barnell, and Vaughan v. Burslem, for in the Countess of Lincoln v. the Duke of Newcastle, 12 Vez. Jun. 218, he said that if he had decided that cause originally he should have decided it according to Vaughan v. Burslem, as considering himself bound by that case, and Foley v. Barnell, though he would confess he thought Lord Hardwicke's the better doctrine. He acquiesced in the opinion of the other Lords who modified the decree upon the principle laid down by Lord Hardwicke. In the said case of Lady Lincola v.the D. of N.one of the remainder-men in tail leaving arrived at 21 before the cause came on, upon the appeal it was only necessary to determine that the leasehold estate should be

caune entitled in declarations, as will best and nearest correspond and wbole interest agree with the uses, trusts, powers, provisos, con

age

assigned absolutely to him, and all the succeeding directions of the decree which had prospectively carried on the limitations upon the plan adverted to by Lord Hardwicke, in Gower v. Grosvenor, were left out, so that the decree as it finally stood, affords no precedent for the form of the limitations to be adopted in order to carry into effect the directory clause above-mentioned. His Lordship said that according to his opinion, the best principle would be that the testator ought to be considered as furnishing the Court with all the means of enabling the party to tie up the property, not as long as the rules of Jaw would admit, but to that convenient extent which would enable the Court to execute the general primary purpose of the will or settlement to carry together, the real and personal estate. And that principle clearly was not executed by the manner in which it was proposed to be done by the decreç in that case ; for by Lord Hards wicke's method, and the method pursued in the decree, it was not to go over upon the simple contingency of the death under 21, but upon the event of the son's dying under that age and without issue. Now under this form of limitation the son might upon arriving at the of 14, bequeath the estate subject to the contingency of his dying under 21, not leaving issue, and supposing he died intestate, under 21 leaving issue, that issue male would not take the leasehold as he would the real estate, but the leasehold would be part of his general personal estate, which might go to the next of kin and equally to the wife with them. And if the going over were made to depend upon the simple contingency of the dying under 21, without regard to issue, then if an infant son died, leaving issue, the real and personal estates would be separated, the real going to such issue in tail, and the leasehold going to the next remainder-man.' Lord Eldon, however, did not suggest any other mode ; and I am not aware of any other or better now įn use among conveyancers. The attempt is subject to great danger and difficulty if in order to carry the leasehold to the issue of the son dying under 21, together with the freehold estate, and to prevent its going to the next of kin, the limitation be to such male

age of 21, as would be entitled to the trust of the inheritance or possession; the limitation, if taken altogether, might be considered as too remote, for a son might die during the life of the father, under 21, leaving a son who might want a considerable time of attaining the age of 21, who also might die under the age of 21, leaving a son, who might be the first person attaining the age of 21 entitled to the possession, which seems clearly a suspension to too remote a period. And, indeed, the form adopted in the will to which this note is attached, seems not clear, as to the latter part of the provision, of this objection. If the trust of the leasehold or personalty were at once suspended from vesting till the lapse of the 21 years

person at the

ditions, restrictions, limitations, and declarations, therein, until hereinbefore limited, declared or expressed, of or such person shall concerning the hereditaments herein before devised and directed to be settled as aforesaid, (other than and except the said terms of 99 years, and 2000 years hereby limited, and the trusts thereof), but sa as such leasehold premises be not considered as an interest vested in equity, in any person who would become entitled in equity to the whole interest therein, until such person shall attain the age of 21 years, yet so as not to deprive such person during his, her or their minority, of the clear rents, issues, · and profits thereof. And my will is, and I do hereby

after the death of the tenant for life, or the survivor of the tenants for life, if more than one, and then the estate were limited so as to vest in, or be assigned to the person who at that period would be entitled to the inheritance in possession of the real estate, unless the first remainder-man in tail should have attained the age of 21 during the life of the tenant for life, and have suffered a recovery of the freehold, and in such case to vest in such remainder-man subject to the estate for life, or estates for life then in being, the rents and profits being directed to be paid over in the mean time to the person entitled to the rents and profits of the real estate, perhaps, but I throw out the idea with the greatest suspicion and mistrust of its accuracy, this mode of shaping the trusts might carry the general intention of the settler into the fullest effect, by preventing the separation of the estates as far as their distinct natures would permit. These rules and observations apply to all personal estates, chattels, and goods where they are directed to go along with and accompany the freehold uses and estates, as far as the law will allow. And where the will directs the trustees, as to certain specific articles, to settle the same so as that they shall go with, and be annexed to the property of the man. sion house, and premises, as heir-looms, the principles 'above considered are equally applicable. But where the will is not directory of a settlement, but limits the chattel to go as an heir-loom, it seems the first tenant in tail who comes into esse, will take it absolutely; see the Duke of Bridgwater v. Egerton, 2 Vez. 121. 1 Bro. C. C. 280 (n.) Gower v. Grosvenor, Barn Ch. R. 5t. Foley w. Barnell, į Bro. C. C. 274, and Vaughan v. Burslem, 3 Bro. C. C. 101. What are proper heir-looms by the common law has been shortly considered in an early part of this book, and the reader will find much accurate information on the subject in Mr. Toller's book on the office of executors, where whatever is created of is ably illustrated.

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