to A., with the confent of the trustees, to revoke all the uses. A. conveyed away his life estate, for securing an annuity, to a perfon for ninety-nine years, if he fhould fo long live, and afterwards, with the consent of the trustees, revoked all the uses of the settle. ment. It was held that this revocation did not affect the estate granted for fecuring the annuity.

SOON after the statute of ufes, the practice of con- Origin of. veying estates in ftri&t fettlement became frequent.

But as eftates for life are not fubject to dower, a power
was usually given to the tenant for life, of limiting an
eftate to any woman he fhould marry, for her life, by
way
of jointure, which is now univerfally practised.

§ 2. In powers of this kind, the usual phrase is, that it fhall be lawful for the tenant for life to appoint any part of the lands comprised in the fettlement to his wife, as a jointure, not exceeding the clear yearly value of a certain fum.

§ 3. A queftion having arifen in Lord Hardwicke's time, refpecting the conftruction of this expreffion, his Lordfhip faid, there were two things to be confidered, firft, what was the meaning of these words; and,

fecondly,

fecondly, at what time they were to be applied. As to the time, they must be lands of the clear yearly value, expreffed at the time of making the jointure; and there is no obligation on the remainder-man, or lien on his eftate, to have the jointure continue of the fame yearly value during the continuance of the jointure, which is always the rule in the execution of these powers; the contrary doctrine would be productive of very great inconvenience: these powers would then be executory and fluctuating: none would know when the power was executed. New bills must be brought against remainder-men, and the power must be executed by fubfequent tenants for life.

This doctrine is applicable, not only to the execution of fuch a power, as to charges on the eftate, but alfo to the quantum of the land-tax: for, though that tax might rise afterwards, the quantum of the jointure is not on that account to be varied. It is fufficient that the master should fee it exonerated from the land-tax, according to the rate it stood at, when the power was executed; for otherwise it would follow, that whenever the land tax increased, it would create a deficiency in the jointure, and the jointress might come into a court of equity to have it made good against the remainderman. The great question then is, from what charges, impofitions or outgoings, an estate of this kind ought to be exempted, at the time of making the jointure. The words are, not exceeding the clear yearly value, which do not extend to the land tax; clear must not mean all outgoings, fuch as loffes by tenants, management, &c, to which a rent-charge is not liable, but

what

what would be understood between buyer and feller; that is, all reprizes and incumbrances, and all extraordinary charges unusual, and not agreeable to the custom of the country; and then the land tax is not to be confidered. The jointure, then, must be clear of incumbrances, and all other charges, which, by the course and usage of the country in which the lands lie, ought to be borne by the tenant, but subject to the land tax and all other outgoings which, according to fuch course of the country, ought to be borne by the landlord.

rough, 2 Atk

§ 4. Where a power of jointuring was given, not Blandford exceeding 4000 l. per annum, without any deduction v. Marlboor abatement for any taxes, charges, or impofitions, 542. impofed or to be impofed, parliamentary or otherwise, Lord Hardwicke held, this did not mean fuch taxes.

only as were fixed and certain, but the land tax, though a fluctuating one, was clearly within the

§ 5. It is now a common practice, to give tenants for life a power of appointing a rent-charge to their wives by way of jointure: and where the power is to appoint all or any part of the lands, the usual way is to appoint certain lands to the wife, with a provifo, that in cafe the perfon next in remainder fhall pay to the wife a yearly fum out of the rents as a jointure, then that he may retain the poffeffion of the lands.

§ 6. Where a perfon has a power to appoint a jointure, not exceeding 100 l. a year for every VOL. IV.

U

Power to li

mit a Join

thousand

ture propor

tioned to the

Wife's For

he

tune.

Tyrconnel v.
D. of An-

cafter, 2 Vef.

499.

he acquires, as a marriage portion, and part of the wife's fortune is limited to the husband for life, remainder to increase the younger children's portions, although there be no younger children, and it goes back to the wife, yet it will be confidered as received by the husband, and within the intent of the power, and the husband will be compelled to fettle a jointure accordingly.

§ 7. Sir B. Sherrard, being tenant for life, with fuch a power as is mentioned in the preceding fection, married a Lady who had 10,000 l., and, in confideration thereof, fettled an eftate on her of 800 l. a year, and covenanted to settle 200 /. more to make it up 1000 l, and the fum of 2000 l., part of the wife's fortune, was continued at intereft for the benefit of the younger children, and, in cafe of no children, to go to the furvivor; but the interest thereof was to be paid to the husband during his life. There were no children, and the wife furvived.

The question was, what portion the husband was confidered to have received with his wife, and, con sequently, how many 100 l. per annum fhe was entitledto have.

Lord Hardwicke-The question is, whether Sir B. Sherrard is to be confidered as having received 8000 1. or 10,000 l. I am of opinion, he must be confidered as having received a portion of 10,000 l. with his wife. The objection is, that 2000 ., though part of her portion, was not received by Sir B. Sherrard, and

that,