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*CHAPTER XXXV.

SETTLEMENTS ON MARRIAGE.

Settlement of a Reversionary Interest in a Sum of Money to which the Lady is entitled under her Father's Marriage Settlement; and of a Sum of Stock, the Property of the Gentleman, containing a Covenant for the Settlement of any future Personal Property of the Lady's, and a Covenant by her Father for the payment during his Life to the Trustees of an annual Sum of Money.

This indenture, made the day of be. tween S. R. W. of the first part; L. C. of the second part; C. R. C. of the third part; and (trustees] of the fourth part. Whereas the said L. C., as one of the children of the said C. R. C. and L. L. his wife, is under the settlement made on the marriage of her said father and mother, bearing date, &c., entitled to one equal eleventh part or share in reversion expectant, and to take effect in possession on the decease of ner said father, of and in the sum of L. which is now vested in mortgage on a certain farm, lands, and hereditaments, situate at being secured thereon by certain indentures, &c.: And whereas the said S. R. W. is absolutely entitled to the sum

of L. three and a half per cent. consolidated bank annuities heretofore standing in his own name in the books of the Governor and Company of the Bank of England: And whereas a marriage hath been agreed upon, and is intended to be shortly had and solemnized between the said S. R.W. and L. C.: And where- Recital of as upon the treaty for the said intended marriage, agreement for

settlement. it was agreed that the said one--eleventh part or share to which the said L C. is so entitled in reversion expectant as aforesaid, of and in the aforesaid sum of L. , and of the stocks, funds, or securities in or upon which the same are or may be invested, and the aforesaid sum of L. bank annuities should be respectively assigned to and vested in the said (trustees,] upon and for the several trusts, ends, intents, and purposes hereinafter contained. And whereas the said C. R. C. hath also proposed and agreed to pay to the trustees of these presents, during his life, if they, the said S. R. W. and L. C., or either of them, shall so long live, the annual sum of L.100, and to enter into such covenant for the payment thereof, as and in manner hereinafter contained. And whereas, in pursuance of the said recited agreement, the said S. R. W. hath transferred the said sum of L. bank annuities into the names of them, the said [trustees,] in the books of the Governor and Company of the Bank of England. Now, this indenture wit- Assignment nesseth, that, in further pursuance of the said recited by the lady. , agreement in this behalf, and in consideration of the said intended marriage, she, the said L. C., with the privity and approbation of the said S. R. W., (testified by his being a party to, and executing these presents.) hath bargained, sold, assigned, transferred,

9 If it is so intended, add, “ And it hath also been agreed, that the said S. R. W. and L. C. shall enter into such covenant for the settlement of all such moneys and other personal estate of the amount or value hereinafter specified, as the said L. C., during her life, or the said S. R. W. in her right, may become possessed of, or entitled to, by gift, bequest, or otherwise, as hereinafter contained.”

and set over, and by these presents doth, &c., unto the said (trustees,] their executors, administrators, and assigns, all that the said one equal eleventh part or share to which the said L. C., under and by virtue of the said recited indenture of settlement is now entitled in remainder or reversion expectant on the decease of her said father, the said C. R. C., of and in the said sum of L. , and of and in the said stocks, funds, and securities, in or upon which the same sum is now or may hereafter be invested, and all other the moneys, stocks, funds, and securities, (if any,) to which the said L. C. is now entitled in remainder or reversion expectant as aforesaid, or other. wise, under or by virtue of the same settlement; and all interest, dividends, and annual produce from and after the decease of the said C. R. C. to accrue, due upon, or in respect of the same, and all the right, title, interest, property, claim, and demand whatsoever of her, the said L. C., in, to, or out of the same parts, shares, and premises respectively ; together with all powers, remedies, and means whatsoever requisite or necessary, for suing, for recovering, receiving, and giving effectual receipts, releases, and discharges for the same respectively ; To have, hold, receive, and take the said part, share, moneys, interest, dividends, and other premises hereby assigned, or intended so to be, unto the said trustees, 7 their executors, administra. tors, and assigns, absolutely, but nevertheless upon, and for the trusts, intents, and purposes hereinafter expressed and declared of and concerning the same: That is to say, upon trust for her, the said L. C., her executors, administrators, and assigns, until the said intended marriage shall be had and solemnized, and

in case such marriage shall be had and solemnized Trusts for in- upon trust, that they, the said [trustees,] or other

the trustees or trustee, for the time being, of these presents, shall and do, on the decease of the said C. R. C., or whenever otherwise the same shall become recoverable, recover and get in the same parts or share money and premises, and shall and do, with

vestment.

the consent of the said S. R. W. and L. C., or the survivor of them, or after the decease of the survivor, then at their and his own discretion, lay out and invest the same part, share, moneys, and premises, when so recovered and received as aforesaid, in their or his names or name, in some or one of the parliamentary stocks or funds of Great Britain, or upon government or real securities in England or Wales, and shall and do stand possessed of and interested in the same part, share, moneys, and premises, and the stocks, funds, and securities, wherein or upon which the same shall be invested, and the dividends, interest, and annual produce thereof, upon and for the trusts, intents, and purposes hereinafter expressed and declared of and concerning the same: And it is hereby agreed and declared between and by the parties hereto, that the said [trustees,] their executors, administrators, or assigns, or other the trustees or trustee for the time being, of these presents, shall and do stand possessed of and interested in the said sum of L.

bank annuities, and the interest, dividends, and annual proceeds thereof, upon trust for the said S. R. W., his executors, administrators, and assigns, until the said intended marriage shall be had and solemnized; and from and after the solemnization thereof, upon and for the several trusts, ends, intents, and purposes hereinafter declared and contained of and concerning the same. And it is hereby also further agreed and declared between and by the parties hereto, that they, the said (trustees,] their executors, administrators, or assigns, or other the trustees or trustee, for the time being, of these presents, shall and do, from and after the solemnization of the said intended marriage, stand possessed of and interested in the said sum of L.

bank annui. ties, so transferred into the names of them, the said (trustees,] in the books of the Governor and Company of the Bank of England, as aforesaid, and also of and in the said one-eleventh or other part or share of and in the said sum of L. hereby assigned, or in

Trusts.

tended so to be, and of and in the stocks, funds, and
securities wherein or upon which the same shall or may
be invested, but subject to the life estate of the said
C. R. C. therein,' and the interest, dividends, and
annual produce of the same several trust premises
respectively, Upon and for the trusts, ends, intents,
and purposes hereinafter declared and contained of
and concerning the same ; that is to say, upon trust,
&c. [The usual trusts in settlements of small proper-
ties are for the husband for life, remainder to the
wife for life. See first form in page 55 ; but if the
husband is liable to the bankrupt laws, it may be
advisable to give the wife the first life estate limited

to her separate use, in which case proceed as fol. Lady for her lows.] Upon trust during the joint lives of the said separate use.

S. R. W. and L. C. his intended wife, from time to time, as the same shall become due and payable, to pay, &c., [as in second form in page 55,] and from and after the decease of either of them, the said S. R. W. and L. C., who shall first die, upon trust during the then remainder of the natural life of the survivor of them, to pay unto or authorize and empower him, or her, or his or her assigns, to receive and take the dividends, interest, and annual produce of the said trust funds, moneys, and premises, when and as the same shall become due and payable, and from and after the decease of the survivor of them, the said S. R. W. and L. C., then it is hereby agreed and declared, that the trustees or trustee, for the time being, of these presents, shall and do stand possessed of

* If the produce to arise from the sale of any real or leasehold estate conveyed by another deed is also comprised, insert herein, “and of and in the moneys to arise from the sale of the messuage lands, and other real estate, hereditaments, and premises comprised in the said recited indenture of even date herewith, and of and in the stocks, funds, and securities wherein or upon which the same moneys and premises may be respectively vested;" in such case the indenture referred to should be shortly recited. For a form of it, and observations on the use of it, see post. 640 and 646.

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