LEASES.

Husband in Right of his Wife.

and other sums hereby made payable by him the said (lessee) his executors, administrators, or assigns, in respect of the same, shall be deemed and considered in the nature of a rent or rents, and be recoverable by distress or otherwise, in like manner as the yearly rent or sum of £ hereinbefore reserved. IN WITNESS, &c.

SEALED, &c. (1).

Sealing.

Life.

(1) By the stat. 39 Hen. VIII. a lease by husband and wife, must be under the seal of the wife; see ante, p. 443, n. (1).

If the lease be during a life or lives, see ante, No. XXV.

No. XXVII.

Lease by Tenant for Life, by virtue of a Power contained in a Marriage Settlement or Will (1).

Variations where the Remainder-man or Reversioner
joins, &c. &c. as below (2).

THIS INDENTURE, made the

day of

(1) If no power be reserved to the tenant for life, see ante, No. XXII.

The power to grant leases contained in marriage settlements, &c. is usually given to the husband and wife during their joint lives, and to the survivor after the death of either of them, or to other persons taking a life estate, under the deed or will. The form here given is adapted to the circumstance of the demise being made by one tenant for life alone, but variations are subjoined to facilitate its being converted into a precedent founded on other circumstances..

And it may here be observed, that in leases made by a tenant for life under a power, all the essential terms and conditions of the power must, in every respect, be strictly complied with; for if it vary in the interest demised, the rent reserved, or the omission of usual or requisite covenants, it will be void as against the person entitled in remainder or reversion. See Doe dem. E. Jersey v. Smith; Doe dem. Ellis v. Sandham, 1 Durnf. and E. 97; Ellis v. Sandham, ib. 705; Doe dem. Pulteney v. Cavaz, 5 ib. 667; Prideaux v. Prideaux, 10 East, 158; Cox v. Day, 5 ib. 118, and 4 Elem. Conv. 2d Edit. 334, and (2) See this note next page.

LEASES.

Tenant for Life

under a Power.

LEASES. in the year, &c. and in the year of our Lord BETWEEN (the lessor) of, &c.

Tenant for Life

under a Power of the one part, and (the lessee) of, &c.

Recitals.

of the other part (1). WHEREAS by indentures of lease and release, bearing date respectively the days of which was

and

in the

year

the release being of

Public house.

Mill.

Unfinished
house.

Building lease.
Country house.
Copyhold.

Farm.

Tithes.

Mines. Life.

These leases (if authorised by the power) may be made for lives as well as for years; and will differ from other leases for lives in that as they pass no estate, they do not require livery of seisin, Wilson v. Garratt, 2 Lev. 149; Leicester's case, 1 Ventr. 278, 291; so also may they be granted to commence in futuro, operating as a future or springing use.

Where, therefore, it is thought more beneficial that a longer term should be granted than that which the tenant for life is authorised to create by his power, or other deviations are intended to be made from the restrictions of the power (which is frequently desirable), the persons entitled in remainder or reversion expectant upon his decease, must join in the lease; and see ante, No. XXI. p. 285, n. (1).

(2) If the lease be of a public house or tavern, No. XII.

If of a mill, ante, No. XIII.

If of an unfinished house, see ante, No. XIV.

If it be a building lease, see ante, No. XV.

If of a country house, ante, No. XVI.

If the premises be copyhold, ante, No. XVII.

If of a farm, No. XVIII.

If of a prebend or tithes, ante, No. XIX.

If of mines or the like, ante, No. XX.

If the lease be for life or lives, see ante, No. XXV.

Reversioner joins.

(1) If the lessor have no power of granting a lease for a term of years, and the remainder-man or reversioner join in the lease, make the tenant for life of the first part, the reversioner or remainder-man of the second part, and the lessee of the third part.

parts, and made or expressed to be made between, &c. and purporting to be a settlement made in contemplation of a marriage then intended, and which was afterwards had, between the said, &c. the messuages and hereditaments hereinafter described, were (amongst others) conveyed and assured unto and to the use of the said, &c. and their heirs, upon and for certain trusts, ends, intents, and purposes therein expressed. And in which said indenture it was provided and agreed, by and between the several parties thereto, that it should be lawful for the said (husband and wife) and their assigns, jointly during their lives, and for the survivor of them, and his or her assigns, after the decease of the other, and after the decease of both of them for the said (trustees) or the survivor of them, his heirs or assigns, during the minority of any issue of the said marriage, from time to time by indenture or indentures under his, her, or their hand or seal, or respective hands and seals, to demise or lease, or to limit or appoint by way of demise or lease for any term or terms of years not exceeding twenty-one years, to take effect in possession (1), and not in reversion or by way of future interest, all or any part of the messuages, lands, and hereditaments there

LEASES.

Tenant for Life under a Power.

(1) It seems that a general power to lease for twenty-one, Possession.

or other certain number of years, must be construed to be re

strained to leases in possession, although not so expressed; Shaw v. Simmons, 3 Moor, 196.

LEASES.

Tenant for Life

under a Power.

inbefore granted, &c. to any person or persons whomsoever, so that there should be reserved upon every such demise or lease, or limitation or appointment by way of demise or lease, the best and most improved yearly rent or rents, which could reasonably be obtained for the same, to be incident to the immediate reversion thereof, and so that there should be contained therein a covenant for payment of the rent or rents to be thereby reserved, and a condition of re-entry on non-payment thereof for the space of twenty-one days next after the time thereby appointed for payment of the same, and all other usual and proper covenants and agreements on the part of the tenant or tenants thereof to be performed or observed; and so that the lessees to be therein respectively named should not be made dispunishable for waste; and so that every such lessee should execute a counterpart of the said lease (1). AND WHEREAS, &c. (2) AND WHEREAS the said

Recital of power.

Reverso er joining.

(1) It is proper, that the power to lease should be fully recited, that it may appear that its requisitions are complied with.

(2) Here recite deaths or other circumstances necessary to show the title of the lessor to grant the lease proposed.

If the tenant for life have no power to grant leases for a term of years, recite,

"And whereas the said (tenant for life) is tenant for his life, of the messuage or tenement hereinafter described, and the said (remainder-man or reversioner) is entitled to the same messuage and premises in remainder, expectant upon the decease of the said (tenant for life) under or by virtue