No. XXVIII.

Lease by Trustees under a Power contained in a
Marriage Settlement (1).

Variations where a Tenant for Life joins, &c. &c. as

below (2).

LEASES.

Trustees under a
Power.

(1) Trustees may in general grant leases by virtue of the legal interest in them; but when a restrictive power is given them for this purpose, such leases, unless conformably to the power, will be void in equity, as founded upon a breach of trust, Bowes v. Lond. Dock Comp. 3 Madd. 375.

(2) If it be an underlease, see ante, No. X.

If the lease be of a public house or tavern, ante, No. XII.
If of a mill, ante, No. XIII.

If of an unfinished house, 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, ante, No. XVIII.

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

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

Underlense.

Public house.
Mill.

Unfinished
house.

Building lease.
Country house.

Copyhold.

Farm.

Tithes.

Mines.

(3) If for any reason it be thought adviseable that the tenant Tenant for life.

for life, or other person beneficially interested in the premises,

should join in the lease, make him or her of the second part.

LEASES.

Trustees under a
Power.

Recitals.

WITNESS, that

in consideration, &c.

inise, &c.

of, &c.
of the other part. WHEREAS, &c.
(1). AND WHEREAS the said (lessee) has agreed
with the said (lessors) for a lease of such parts of
the land, &c. comprised in the said indenture as
are hereinafter described, at the yearly rent of
£ being the best rent that can be obtained
for the same. NOW THIS INDENTURE WITNESS-
ETH, that in consideration of the yearly rent
hereinafter reserved, being (if so in the power)
the best and most improved rent which can be
reasonably obtained, and of the covenants and
agreements hereinafter contained on the part of
the said (lessee) his executors, administrators, and
assigns, to be paid and performed respectively,
(and without fine, premium, or forfeiture whatso-
ever) they the said (lessors) (2) pursuant to and
by virtue and in execution of the hereinbefore in
part recited power or authority in that behalf, and

of all and every or some of the power, powers, authorities in them vested, or enabling them The trustees de- thereunto, HAVE limited and appointed, by way of demise or lease, (and also so far as they lawfully or equitably can or ought HAVE demised and leased, and by this present indenture sealed and delivered

Recital.

Tenant for life.

(1) Recite here the power to lease, as ante, No. XXVII. p. 452; and if it be granted in pursuance of a previous agreement, see ante, p. 95, n. (2).

(2) If the tenant for life join, add,

"With and by the privity, consent, and approbation of the said (tenant for life) testified by his being a party to and sealing and delivering these presents."

Trustees under a

Power.

by them in the presence of the two credible per- LEASES. sons whose names are or are intended to be hereupon indorsed, as witnesses attesting the same, Do, in the manner aforesaid, limit and appoint, and demise and lease) unto the said (lessee) his executors, administrators, and assigns, such assigns being with such licence and consent as hereinafter is expressed, ALL that, &c. and all Parcels. houses, out-houses, yards, gardens, backsides, ways, paths, passages, lights, easements, waters, water-courses, profits, commodities, easements, advantages, and appurtenances whatsoever to the said messuage or tenement, pieces or parcels of land or ground, and premises belonging, or in anywise appertaining, or therewith now or heretofore used, occupied, or enjoyed, (except, &c.) TO HAVE AND TO HOLD the said messuage or te- To hold to nement, piece or parcel of land or ground, and all years. and singular other the premises hereby limited, appointed, and demised, or intended so to be, with their appurtenances unto the said (lessee) his executors, administrators, or assigns, (such assigns being with such licence as aforesaid), from the day of now last past, for the term of twenty-one years thence next ensuing, and fully to be complete and ended; YIELDING AND PAYING At a net yearly therefore yearly and every year during the said term, [unto the said (lessors) their heirs or assigns, or unto such person or persons who for the time being shall be entitled to the said premises, or to the reversion and inheritance thereof, under or

lessee for 21

rent.

LEASES.

Trustees under a
Power.

by virtue of the said in part recited indenture of

the

day of

net yearly rent or sum of £

of lawful money

of that part of the United Kingdom of Great Britain and Ireland called England, on [the four most usual days of payment of rent in the year,

(that is to say)] the

day of day of

day of

in each year, by even and

equal payments, without any deduction or abatement out of the same for or by reason of destruction or damage by fire or other accident, or for or on account of the land-tax, sewers' rate, or any other taxes, rates, or assessments whatsoever, whether already taxed, charged, or imposed upon the said hereby demised premises, or any part or

Reservation.

Tenant for life.

(1) Or the reservation may be reserved particularly, if it be an underlease,

"Unto the said (lessors) their heirs and assigns, [or exe cutors, administrators, and assigns,] the said yearly rent, &c. In trust nevertheless for the person or persons who for the time being shall be entitled thereto, under or by virtue of the said in part recited indenture of settlement."

Or if the tenant for life join, the rent may be reserved,

"Unto the said (tenant for life) and his assigns, during so many years of the said term, as he shall live, and from and after his decease, unto such other person or persons who shall then be entitled to the said premises, as in remainder or reversion expectant upon his decease or otherwise, for and during the residue or remainder which shall be then to come of the said term."

any

Power.

Covenant by

lessee for pay

ment of the

parts thereof, or which at any time during the LEASES. said term shall or may be assessed or imposed Trustees under a thereupon, or upon any new erections, buildings, or improvements, or on any person or persons as landlord or landlords thereof, or upon the said yearly rent of £ or any part thereof, by authority of parliament, or otherwise howsoever, and whether such taxes, rates, or assessments, or of them, shall be in the nature of those now in being or not, the first quarterly payment of the said yearly rent to be made on the day of next ensuing the date of these presents. AND the said (lessee) doth hereby for himself, his heirs, executors, administrators, and assigns, covenant, promise and agree with and to the said (lessors) (1), and with and to the survivors and survivor of them, and the heirs and assigns of the survivor of them, and their and his assigns, and other the trustees or trustee for the time being of the said trust estate, and also with and to all and every other person or persons who shall for the time being be entitled to the freehold, reversion and inheritance of the said premises as aforesaid, in manner following, (that is to say) that he the said (lessee) his executors, administrators, and assigns, shall and will from time to time, and at all times during the con

rent and taxes.

(1) Or if tenant for life be a party,

"With and to the said (tenant for life) and his assigns, and also with and to the said (trustees)," &c. as above.

Tenant for life.