WILLIAM MAXWELL & SON, 29, FLEET STREET, E.C.,
Law Booksellers and Publishers,

HODGES, FOSTER, & CO., AND E. PONSONBY, DUBLIN.

THACKER, SPINK, & CO., CALCUTTA; CHARLES F. MAXWELL, MELBOURNE.

1873.

LONDON:

BRADBURY, AGNEW, & CO., PRINTERS, WHITEFRIARS.

SECT. I. Of the Definition and Classification of Selllements

1-5

Definition of settlement, 1-Marriage and family settlements,

2-Settlements of personal estate and settlements of real

estate, 3-Arrangement of precedents, 4-Plan of intro-

duction, 5.

SECT. II. Of the Frame of Settlements of Personal Estate

6-251

General frame of settlements of personal estate, 9—Order of

parties and of recitals, 12-Clauses in ordinary settlements

of personal estate, ib.

Usual range of power of investment, 14-Increased latitude
according to modern practice, ib.-Responsibilities of trustees
with large powers of investment, 17-Statutory powers of
investment, 19-Lord St. Leonards' Act, 1859, ib.-Amend-
ment Act of 1860, 20-Lord Cranworth's Act, 22-Act of
1867, 23-Effect of enactments, 25-Former rule as to in-
vestment by trustees in the absence of special powers, 27-
Power of trustees authorised to invest in the funds, or on
Government securities, 29-As to investment in Exchequer

bills, 31-As to real securities in Ireland, 32- Discretion as

to title and value to be used by trustees lending on real

securities, 34-Investments upon leasehold and chattel real

securities, 36-As to value of property, 39-As to mixing

trust money in a mortgage, 40-Practice of lending trust

money upon mortgage without disclosing the trust, 41-

Frame of transfer of such mortgage, ib.-As to investments

in Bank and East India Stock, 43-Right of tenant for life

of Bank stock to bonuses, 44-As to East India Stock, 47

--Construction of powers to invest in "Government Secu-

rities in England," and "stocks in the foreign funds," 49-

As to securities to bearer, 53-Loans on personal security,

54-Settlement of the proceeds of land directed to be sold as

personal estate, 57-Power to invest in the purchase of land

to be held as personal estate, 60-Consent to making or

changing investments, 61-Duty of trustees to call in trust

monies invested on inadequate security, 63-Liability of

trustees neglecting to invest in the funds, 64.

Trusts for application of income during lives of husband and

wife, 68-Practice as to first life interest, ib.- When husband

is in trade, 69-Effect of disparity of fortune, 70-Rule

restricting wife from recovering arrears of her separate in-

come, 71-Grounds of the rule, 74-Arguments for pre-

cluding recovery of arrears for a year, 77-Frame of trust for

wife's separate use without power of anticipation, 80-What

expressions give rise to separate estate, 87-As to receipt by

husband of wife's separate property, 91-Origin of restraint

on anticipation, 94-What expressions restrain anticipation,

99-Extent to which separate use and restraint on alienation

may be created, 100- Savings out of married woman's sepa-

rate income, 104-Trust for separate use should be confined

to the joint lives, 107-Trust of income for survivor for

life, 108-Life interest cannot be continued after bank-

ruptcy, or be rendered inalienable, but may be made deter-

minable on bankruptcy or alienation, 109-Construction and

effect of gifts over on bankruptcy or alienation, 113—Effect

of antecedent bankruptcy, 119-Protective operation of

gifts over on bankruptcy or alienation, 123-Limitations

over for the benefit of the primary object and others, 125—

Principle of apportionment, 126-Validity of trusts for di-

vision of income to take effect on bankruptcy, 130-Condi-

tions of exclusion of assignees or trustees in bankruptcy,

131-Extent of protection capable of being given to hus-

band's life interest, ib.-Frame of trusts giving to the hus-

band determinable and protected life interest, 133-Rule

that a person cannot settle his own property so that it shall

go over on bankruptcy, 134-Does not apply to alienation,

136-Invalidity of bond or covenant for payment of money

on bankruptcy, 137-Exception to the extent of fortune

received with wife, 138-Provision in the Bankruptcy Act,

1869, affecting antenuptial covenants by the husband for

the settlement of future property, 141.

Power of appointment and trusts in favour of issue, 141—

-Power should include remoter issue as well as children,

144-Power should be given in comprehensive terms, 155—

As to formalities required for execution of power, 161-

Power to appoint authorises a revocable appointment, 162-

Power to survivor, 163-Competence of married woman to

execute power, 164-As to exercise of power after partial

appointment, 165-Frame of trust for children in default of

appointment, 166-Appointment does not exclude from

share of unappointed funds, 167-Hotchpot clause, 169-

Advancement and maintenance clauses, 171-Whether

power of advancement should be confined to sons, 172—

Power of advancement should extend to vested shares, 173

-Importance of maintenance clause, 175-Principle of

allowing maintenance where the whole class is presumptively

entitled, ib.-Statutory power in Lord Cranworth's Act, 176

-Frame of trusts for maintenance and accumulation, 178.

Ultimate trusts in default of issue, 181-Frame of trusts in

default of issue as to wife's property, 183-Frame of wife's

power of appointment, 185-Wife's power of appointment

should apply whether she survive the husband or not, 187—

As to description of class to take in default of appointment

by wife, 188.

Agreement to settle other and after-acquired property of wife,

194-Effect of its being framed as an agreement and decla-

ration, 196-Operation when the covenant is by the husband