Martin's Practice of Conveyancing: With Forms of Assurances, Том 2
Аутор: Charles Davidson
sum or sums of money, stocks, funds, and securities, or the value thereof, which the said E. F. is entitled to under the said in part recited indenture of settlement, and also inclusive of any legacy duty which may be payable in respect of the first-mentioned sum or sums of money, shall amount to £4 at the least.
That all the CXXX. Covenant and agree with the said A. B., his property to which intended executors and administrators, that in case the said intended wife may be- marriage shall be solemnized, and any property, real, percome entitled during cover- sonal, or mixed, shall at any time during the said intended ture, shall be
coverture be given or bequeathed to or in any manner howfor her separate
soever vest in the said C. D., then and in that case he the (In settle.
said E. F., as far as he lawfully may or can, shall and will, ments).
either alone or in concurrence with the said C. D., and at the costs and charges of such property, do all such acts whatsoever as shall be necessary or proper for settling the same property, for all the estate and interest of the said C. D., or of the said E. F., as her husband, therein; so and in such manner (a) that the said C. D. may have the sole
(a) When the property is to be settled according to certain trusts previously declared, " that the same estate and property may, according to the respective nature and tenure thereof, be held and enjoyed upon and for such uses, trusts, ends, intents, and purposes as will correspond to the trusts, ends, intents, and purposes which are hereby declared and expressed concerning the said sum of £— Bank Annuities, and the dividends, interest, and income thereof, or such and so many of them as shall be then subsisting or capable of taking effect, and be subject to the same or the like powers, provisoes, declarations, and agreements (including the proviso for determining the life interest of the said E. F. in the event of his bankruptcy or insolvency) as are hereinbefore contained concerning the same Bank Annuities, and the dividends, interest, and income therof, or as near thereto as may be, and as the nature or tenure of the property, and the rules of law and equity will permit, and with the same or the like power of leasing as to any power of disposition over the same, notwithstanding her coverture; and so and in such manner, that in the meantime, and until such disposition shall be made, the same property, and the rents, profits, dividends, interest, income, and produce thereof, may belong to or be held in trust for the said C. D., for her sole and separate use notwithstanding her coverture; and also that in the meantime, and until such settlement shall be made, he the said E. F., as far as he may be interested in any such property, shall stand and be seised or possessed of and interested in the same, upon trust for the sole and separate use of the said C. D., his intended wife.
CXXXI. And further, that in case the said A. B. shall That wife, if survive the said C. D., and the said C. D. shall not have survivor, may
purchase huspreviously sold or disposed of the messuage &c. now occupied band's resi.
dence at a sum by the said C. D., and situate &c., the said A. B. shall and
named. may (if she shall be desirous so to do, and shall notify such desire in writing within — calendar months &c.) become the purchaser of the same messuage &c., and the fee-simple and inheritance thereof, of and from the heir or heirs, de
real estate which shall be so settled as is hereinbefore contained with respect to the messuages &c. to be purchased with the produce of the said Bank Annuities hereby settled, pursuant to the power in that behalf hereinbefore contained; And that in every such settlement of any real estate of freehold tenure there shall also be inserted proper remainders to the said trustees or trustee for the time being, in trust to support the contingent interests (if any) to be hereby limited ; and until such settlement shall be made, the same property, and the rents, profits, dividends, interest, income, and produce thereof, shall belong to and be held by, and that the said E. F., as far as he may be interested in any such property, shall stand and be seised or possessed of and interested in the same, Upon trust for the same persons as would respectively be entitled thereto, and for the same ends, intents, and purposes, as if the same was or were actually settled as aforesaid."
visee or devisees of him the said C. D., at or for the price or sum of £-; and that the said heir or heirs, devisee or devisees, shall, upon receipt of the said sumn, convey and assure the same hereditaments unto the said A. B., her heirs or assigns, or otherwise as she shall direct, free from all incumbrances.
By intended CXXXII. Covenant and agree with said A. B. and husband, that his executors
C. D., their executors and administrators, that (a) the heirs, shall pay a sum executors, or administrators of said E. F. shall or will, to the trustees, to be beld by within (6) one calendar month next after his decease, well them upon certain trusts,
and truly pay or cause to paid unto the then trustee or within a given trustees of this settlement, the sum of £ of lawful period after his decease.
money of Great Britain, to be by him or them laid out and invested at interest, in like manner and under the like restrictions as the said trust monies are to be invested, or as near thereto as may be, and circumstances will admit; and to the intent that the said sum of £-, and the stocks, funds, or securities in or upon which the same shall be invested, shall be held by the trustee or trustees for the time being, Upon trust that the said trustee or trustees for the time being do and shall, from time to time, during the natural life of said G. H. [intended wife], pay, apply, and dispose of the dividends, interest, and income of the said sum of £—, and of the stocks, funds, and securities in or upon which the same shall from time to time be invested, unto the said G. H. and her assigns, or otherwise permit and suffer her and them to receive and take the same to and for her and their own use and benefit; and from and after the decease of the said G. H., and in the meantime subject to her life interest, do and shall stand and be possessed of the same
(a) Or," if the said intended marriage shall be duly solemnized." (6) Or,
years next after the solemnization of the said intended marriage."
sum of £- and the stocks, funds, and securities in or upon which the same shall be invested, and the dividends, interest, and income thereof, upon the same or the like trusts, and for the same or the like ends, intents, and purposes, and under and subject to the same or the like powers, provisoes, declarations, regulations, and agreements (a), (including the provision for maintenance and advancement), as are hereinbefore expressed and declared of and concerning the said Bank Annuities, trust monies, and property of the said G. H., in the event that said E. F. her intended husband shall survive her, or of a part thereof in the event that the said G. H. shall survive her said intended husband, or as near thereto as may be, and the circumstances of the case will admit; and so that in the event of such failure as aforesaid of issue of the said intended marriage, the said sum of £-, or the stocks, funds, and securities in or upon which the same shall from time to time be invested, may belong to the survivor of them said E. F. and G. H. his intended wife, his or her executors, administrators, or assigns.
CXXXIII. Covenant and agree with the said A. B. and to pay legacies
and mortgage C. D., their executors, administrators, and assigns, that he
money, and the said E. F., his heirs, executors, or administrators, shall procure assignor will pay or cause to be paid with his own monies to the (In settlement of said several legatees named in the said recited will of the freeholds, sub
ject to legacies said G. H., the several legacies remaining unpaid to them and mortgage). respectively, as and when the same shall respectively become due and payable, together with all interest due and to become due for or in respect of the same legacies; and also shall or will well and truly pay the said principal sum of £ and all interest due and to become due for the same, within twelve calendar months from &c.; and also, at the proper costs and charges of him the said E. F., his heirs,
(a) Or,"except the proviso for determining the life interest of the said E. F. in the event of his bankruptcy or insolvency."
executors, or administrators, procure the said term of one thousand years to be assigned to some person or persons of the nomination of the said A. B. and C. D., or the survivor of them, his heirs, executors, administrators, or assigns, upon trust to attend and be subservient to the freehold, reversion, and inheritance of the hereditaments comprised in the same term, and hereby granted and released or otherwise assured, or intended so to be, as the same freehold, reversion, and inheritance are settled and assured by these presents.
money land
from the trusts
To discharge CXXXIV. Covenant with the said A. B. and C.D.,
their executors and administrators, that they the said E. F., declared there- G. H., and I. K. respectively, and their respective heirs and of, or to cause the money to
issue, shall and will forthwith, or as soon as conveniently may be invested in the purchase
be, at the costs and charges of the said fourth part or share of lands, and of the said G. H. of and in said sum of £
-, or the lands to convert the same, by means
to be purchased therewith, make, do, and execute, and conof sale, into
cur in all acts and deeds, matters and proceedings whatsomoney.
ever, which shall be necessary, proper, or expedient for discharging the said fourth part or share of the said G. H. of and in the said sum of £- of and from all the trusts to which the same fourth part or share of the said sum of £- is now liable, and for the purpose of procuring the said fourth part or share of the said G. H. of and in the said sum of £— to be paid to the said A. B. and C. D., or the survivor of them, his executors or administrators, upon the trusts, and for the ends, intents, and purposes, and under and subject to the provisoes, declarations, and agreements hereinafter expressed and declared concerning the same; And further, that in case the said fourth part or share of the said G. H. of and in the said sum of £- cannot be effectually discharged of and from the trusts to which that sum, or the share thereof belonging to the said G. H., is now subject, without being invested in the purchase of lands and hereditaments, then they the said E. F., G. H., and I. K. respectively, and their respective heirs and issue, shall or will forthwith, or as soon as conveniently may be, at the costs and charges of the trust estate, consent and concur in