(A) Recital of preliminary Articles of Settlement. See ante,
p. 283, n. (2).
"WHEREAS by articles of agreement, bearing date on or
day of which was in the
made or expressed to be made between the said (husband) of the first part, the said (wife) his wife by her then name and addition of, &c. a minor, of the age of
or thereabouts, (or as the case was) of the second part; (father of intended wife) of, &c. of the third part; and (trustees) of the fourth part, executed previously to and in contemplation of the marriage then intended to be shortly solemnized between the said (husband) and the said (wife) his wife; the said (intended husband) (or as the case was) covenanted and agreed with the said (trustees), that upon the solemnization of the said marriage, and the said (wife) attaining her age of twenty-one years, he the said (husband) would settle and assure all and singular the messuages, 'ands, tenements, and hereditaments, therein and hereinafter described, To the uses, upon the trusts, and for the intents and purposes, and under and subject to the powers, provisos, declarations, and agreements thereinafter limited, declared, or expressed, concerning the same; that is to say, TO THE USE of two or more trustees to be named by the said (wife) (or as the case was) their executors, administrators, and assigns, for a term of ninety-nine years, to commence and be computed from the day of the solemnization of the said intended marriage, UPON TRUST to raise and pay, during the joint lives of the said (husband) and (wife), an annuity or clear yearly sum of £ to such person or persons as she the said (wife) should, notwithstanding her coverture, direct or appoint in the manner therein and hereinafter mentioned, and in default of such direction or appointment, into her own hands, by way of pin-money; and subject to the said term, and to the trusts thereof, To THE USE of the said (husband) and his assigns,
Settlement of Freeholds. (Full Form.)
SETTLE during the term of his natural life, without impeachment of waste; and after the determination of that estate in his lifetime, TO THE USE of two or more trustees to be named by the said (husband), and their heirs during his life, IN TRUST Settlement of to preserve contingent remainders; and after the decease of Freeholds. the said (husband, To THE USE and intent to secure to the (Full Form.) said (wife) and her assigns, a yearly rent-charge of £ during her life, to be paid in such manner, and with such powers and remedies for recovering the same as hereinafter is expressed; and subject to the last-mentioned annual sum, and to the powers and remedies for recovering the same, TO THE USE of two or more trustees to be nominated by the said (wife), their executors, administrators, and assigns, for a term of ninety-nine years, to be computed from the decease of the said (husband) without impeachment of waste; UPON TRUST for better securing the said last-mentioned annuity, in the manner aforesaid; and subject as aforesaid, To THE USE of two or more trustees, their executors, administrators, and assigns, for a term of 1000 years, to commence from the day of the decease of the said (husband), without impeachment of waste, for the purpose of raising the aftermentioned portions for the daughters and younger sons of the said marriage; and subject to the said term of 1000 years, and to the trusts thereof, To THE USE of the first and other sons of the said (wife) by the said (husband) to be begotten, successively in tail male; with remainder To THE USE of the said (wife) and her assigns, during the term of her natural life, without impeachment of waste; with remainder, in case of the determination of that estate during her life, TO THE USE of trustees and their heirs, to support contingent remainders; and upon the decease of the said (wife), To THE USE of any husband whom she might happen to marry after the decease of the said (present husband), and who might survive her, for the term of his natural life; and after the determination of that estate in his lifetime, To THE USE of trustees and their heirs, during the life of such after-taken husband, UPON TRUST to preserve contingent remainders; with remainder TO THE USE of all and every or such one or more of the children of the said (wife)
to be begotten by any future husband, for such estates or
interests, and in such shares and proportions, and manner
and form as the said (wife) should appoint in the manner
thereinafter mentioned; and in default or failure of such
appointment, TO THE USE of two or more trustees, their
executors, administrators, and assigns, for a term of 1500
years, to be computed from the decease of the said (wife),
UPON TRUST, in case of such failure of issue male of the said
(wife) by the said (present husband) as aforesaid, to raise
the therein after-mentioned portions for the daughters and
younger sons of the said (wife), by any after-taken husband;
and subject to the said term of 1500 years, and the TRUSTS
thereof, To THE USE of the first and other sons of the said
(wife) to be begotten by any such future husband, suc-
cessively in tail male; with remainder To THE USE of the
daughters or only daughter of the same husband by her
the said (wife), as tenants in common in tail general, if
more than one; and if but one, then to such one daughter
for a like estate; with the ultimate remainder To THE USE
of the said (wife) her heirs and assigns for ever. AND by
the said indenture now in recital, it was further agreed by
the said (father) on behalf of the said (wife), and by the
said (husband) and the said (wife) as far as she was com-
petent in that behalf, that in case the said intended mar-
riage should take effect, all and singular the copyhold and
customary messuages, cottages, lands, tenements, and here-
ditaments of her the said (wife) in the county of
should be respectively surrendered, settled, and assured,
so and in such manner as that the same might go and
remain, and that the rents and profits thereof be received
and taken by the same person and persons, and be appli-
cable to the same uses, intents, and purposes, as were there-
inbefore expressed concerning the freehold estates of the
said (wife) thereinbefore agreed to be settled, and the rents
and profits thereof, and that the same should be liable to
the same charges and payments, and powers and agree-
ments, as the said freehold premises, or as nearly thereto
as the nature of the tenure and the rules of law and equity
Settlement of Freeholds. (Full Form.)
Settlement of
Freeholds.
(Full Form.)
would permit. AND it was further agreed, that all and
singular the leasehold premises hereinbefore mentioned,
should be assigned to two or more trustees, for the re-
mainder of such term or terms of years, or other interests,
as she the said (wife), or the said (husband) in her right,
had or might become entitled to therein, upon such trusts
as that the same leasehold premises might remain or go
along with the freehold estates of the said (wife) thereby
agreed to be settled, and might be therewith held and en-
joyed, and that the rents and profits thereof be received
and taken by the same person or persons, and be applicable
to the same purposes, and be subject to the same charges
and payments, and powers, provisos, and agreements, as
the aforesaid freehold premises, or as nearly thereto as the
rules of law and equity would permit, but so as no person
who should be entitled to an estate tail in such freehold
hereditaments, should be entitled to an absolute interest in
such leasehold premises, until he or she should attain the
age of twenty-one years, or die leaving issue, which should
first happen. AND by the said indenture it is further de-
clared, that in the settlement so to be made as aforesaid,
there should be contained usual powers for leasing the pre-
mises therein comprised for twenty-one years, at the most
improved rent, and without fine; and also for exchanging
the same premises, or any of them, for other estates; and
for enfranchising the copyhold parts thereof; and for selling
the same freehold, copyhold, and leasehold premises, and
for investing the money in the purchase of other estates in
the manner after-mentioned; and also powers for appointing
new trustees, and for the indemnification and reimburse-
ment of the expenses of trustees; and all such other powers,
provisos, declarations, and agreements, as are usually in-
serted in settlements of the like nature, and which counsel
should advise in that behalf, as in or by the said in part
recited articles, reference being thereunto had will more
fully appear.
AND WHEREAS soon after the date (but
before the execution) of the said articles, the said marriage
was duly had and solemnized. AND WHEREAS the said
(wife), on or about the
attained her age of twenty-one years; and the said parties
hereto (as far as they are respectively interested) are now
desirous of settling the said messuages, lands, tenements,
and hereditaments, to such uses and upon such trusts, and
for such ends, intents, and purposes, as in the said articles
and hereinafter are declared or expressed concerning the
same respectively. Now THIS INDENTURE WITNESSETH,
that in pursuance and execution of the hereinbefore in part
recited articles, and in consideration of the said marriage,"
&c. (as in the text), ante, p. 236.
Settlement of Freeholds. (Full Form.)
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