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invested, and the interest, dividends, and annual produce Of Terson

thereof, or such part or parts thereof respectively as shall not abind,°wife8"

have become vested or been applied under any of the trusts Children,

or powers herein declared or contained (k), In Trust for Issue!tm"

the said A. B., his executors, administrators, and assigns: ~

Provided Always, and it is hereby agreed and declared Power for the

between and by the parties to these presents, that if there one'chuTofthe

shall not be more than one child of the said intended mar- marriage be

riage, who, being a son, shall attain the age of twenty-one toThVfund^to

years, or, being a daughter, shall attain that age or mar- appoint a sum

ry (l), it shall be lawful for the said C. D., at any time or herTwn^unds0

times, either before or after the happening of such default t0 he"elf or

any other per

or failure shall have been ascertained, and whether the said son.
C. D. shall be married or single, by any deed or deeds, instru-
ment or instruments in writing, with or without power of
revocation and new appointment, to be by her sealed and
delivered in the presence of, and to be attested by, two or
more credible witnesses, or by her last will and testament,
or any codicil or codicils thereto, or any writing or writings
in the nature of or purporting to be a will or codicil, to
direct and appoint, that, from and after such default or
failure, but without prejudice to the life interest of the
said A. B. therein, any sum or sums of money, not exceed-
ing in the whole the sum of £ , shall be raised out of

the said several sums of £ and £ , [the wife's pro-
perty], or the stocks, funds, or securities in or upon which
the same respectively shall be laid out or invested, and
shall be paid to herself, her executors or administrators, or
to such other person or persons, or for such intents or
purposes, as she shall think fit: Provided Always, and it Similar power
is hereby agreed and declared between and by the parties ^to'his"funds'1
to these presents, that if there shall not be more than one
child of the said intended marriage, who, being a son, shall
attain the age of twenty-one years, or, being a daughter,

{k) See supra, p. 322, n. (o).

(l) Care must be taken that the power does not overreach the trust8 for the children, i. e. that it shall take effect only in default of any child becoming entitled under the previous trusts. See supra, p. 322, n. (n).

Of Person- shall attain that age or marry (m), it shall be lawful for the aband?wife, said A. B., at any time or times before or after the happenChildren, jnnr 0f sucn default or failure shall have been ascertained, by

AND REMOTER ° . . ...

Issue. any deed or deeds, or instrument or instruments m writing, ~ ~ with or without power of revocation and new appointment,

to be by him sealed and delivered in the presence of, and to be attested by, two or more credible witnesses, or by his last will and testament, or any codicil or codicils thereto, to direct and appoint, that, from and after such default or failure, but without prejudice to the life interest of the said C. D., any sum or sums of money not exceeding in the

whole the sum of £ shall be raised out of the said sum

of £ , [the sum to be paid by the husband's father], or the

stocks, funds, or securities in or upon which the same shall be laid out or invested, and shall be paid to himself, his executors or administrators, or to such person or persons or for Power for the such intents or purposes as he shall think fit: Provided Alvide and appo'r- Ways, and it is hereby agreed and declared between and by tion the trust tlie parties to these presents, that if at any time or times here

funds, (if they r . \ J ..

shall have been after, in the execution of any of the trusts and provisions of blended into tnjg present indenture, it shall become necessary to divide

one), among the .

several persons and apportion between and among several persons the seentnled thereto. veraj fun(j tne trusts whereof are hereinbefore declared, and the trust monies, stocks, funds, or securities of which the said trust funds respectively, or any part thereof respectively, shall then consist, shall be so blended together that it shall be doubtful which part or parts thereof shall have been produced by or substituted for each original fund, or any part thereof respectively, then and in every such case it shall be lawful for the trustees or trustee for the time being of these presents, and, if requested so to do by any person or persons interested, the same trustees or trustee are and is hereby required, to divide or apportion and distribute such trust monies, stocks, funds, and securities between or among the said several persons entitled thereto, in such manner as the said trustees or trustee shall deem just and reasonable, according to the respective rights and interests of the several

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persons entitled thereto; and the division or apportionment Of Person

...... , - , .. . ,. . ALTY FOR HUS

and distribution so to be made shall be as binding and con- Band, Wife, elusive upon all persons claiming or to claim any interest in Children,

r r ° J AND REMOTER

the premises as if the same had been made by the direction Issue. of a court of competent jurisdiction in a suit duly instituted for the purpose of obtaining such division or apportionment and distribution: And It Is Hereby agreed Dower clause, and declared between and by the parties to these presents, that the provision hereinbefore made for the said C. D. shall be in satisfaction and bar of her dower and freebench to which, by the common law, statute, or custom, she might otherwise be entitled, in, from, or out of all or any messuages, lands, tenements, or hereditaments, of or to which the said A. B. now is, or shall, during the said intended coverture, be seised or entitled for any estate of inheritance, or for any other estate to which dower or freebench is incident (ra): [Trustees' receipts to Trustee clauses.

(n) As to what will operate as a bar or satisfaction of dower, see Cru. Effect and ope" Dig. by White, Tit. VI. chap. iv.; 2 Sugd. V. & P. chap. xi. sect. 1,10th ed.; ^ ^ of

and as to the bar or satisfaction of dower by settling a legal or equitable tne wife's
jointure in the wife, see Cru. Dig. by White, Tit. VII. chap, i., and Sugd. dower.
V. & P. ubi supra. With reference to the clause in the text, it is only neces-
sary to observe, that courts of equity now consider that any provision which
an adult female accepts before marriage in satisfaction of dower or free-
bench is binding on her, and is a bar to her claim to dower or freebench;
(Tinncy v. Tinney, 3 Atk. 8; Estcourt v. Estcourt, 1 Cox, 20; Walker v.
Walker, 1 Ves. sen. 54; Davila v. Davila, 2 Vern. 724; Glover v. Bates,
1 Atk. 439; Druce v. Denison, 6 Ves. 385; Garthshirc v. Chalie, 10
Ves. 1; Corbet v. Corbel, 1 Sim. & Stu. 512; S. C. 6 Russ. 524); but a
provision, expressed to be in lieu of dower and thirds at common law,
does not bar the widow of her distributive share in her husband's undis-
posed-of personal estate; (Colleton v. Garth, 6 Sim. 19); and a settle-
ment in lieu of dower is not a bar of thirds. (Cresswell v. Byron, 3 Bro.
C. C. 362). On account, however, of the facility with which dower can
be barred since the statutes of the 3 & 4 Will. 4, c. 105, and 3 & 4 Will. 4,
c. 74, the clause in the text is seldom now inserted in settlements.

Before the statute 3 & 4 Will. 4, c. 105, a provision made for the wife after marriage was not a bar of dower, and she could not elect to accept such provision in lieu of dower till after the determination of the coverture. (See 1 Cru. Dig. by White, p. 192; Frank v. Frank, 3 My. & C. 171).

It appears, that in Scotland a clause barring the "legitim," or the Clause in bar of vOL. Iv. E E

Of Person- be good discharges, supra, p. 340. Power of appointing

*bano°wifes new trustees, supra, p. 3:34. Clauses for the indemnity and

Children, payment of the expenses of trustees, supra, pp. 326, 327].

Issue. In Witness &c.

legitim, under proportionate part of the father's personal estate, is a usual and necessary the^law of Scot- clause in the marriage settlement of a child, for whom the father, on such marriage, advances a portion. (See The Marquis of Breadatbane v. The Marquis of Chandos, 2 My. & C. 711). And as it frequently happens that when the hushand is an Englishman and settles English property, the marriage settlements of Scotch ladies are prepared in England, the following form of a clause harring legitim is subjoined, although not helonging to the settlement in the text. The clause is understood to have been settled in 1837 by an eminent legal functionary in Scotland, and assumes, as will be seen by its language, that the father has previously made provision by the settlement for the daughter whose legitim it bars.

—form of. "And Whereas the said [the wife] has or may have, by the law of Scotland or by virtue of her father's contract of marriage with her mother, various claims, which may emerge either on the death of her said father, or of her mother during his lifetime, none of which claims it is intended shall subsist or be competent to her or her husband in her right, in respect of the provision now hereby made for her by her father, and which provision is intended to be and is accepted by the said and her said husband in full satisfaction of all such claims, on whatever ground competent; therefore, the said provision so made by these presents by the said \wife.s father] for the said [wife], his daughter, she the said [wt/e], with the consent of the said [husband], her promised husband, and he for all right or interest which may arise to him, hereby accepts of and from her said father, in full satisfaction to her and those in her right of all legitim portion, natural executry, and every claim and thing whatever which she can ask or claim by and through the decease of her said father, either by law or by virtue of any clauses or provisions of whatever kind in her mother's marriage contract, or of any former bond or deed of provision executed by her said father in her favour, as also in full satisfaction of all claims for any share of the goods in communion, or of any other claim which may emerge to her on or VIII.

SETTLEMENT of Reversionary Interest in Of PersonalTy T- * n TY ,NSSEsJtersonal Estate, of an Existing roLicY sION AND

of Assurance on the Husband's Life, of the Reversion,

'J WITH SPECIAL

Money to arise by the Sale of Leaseholds Classes.
assigned by Deed of Even Date, of a Sum of
Money and Interest secured by the Husbands
Covenant, and of a Sum Paid by the Wife's
Father. Trusts for Investment and Vary-
Ing Securities, the Money on the Covenant
not to be called in, except by direction, till the
Husband's Death. Usual Trusts for Wife,
Husband, and Children, with the Variations re-
quired on account of some of the Funds not
being payable till the Husband's Death. Spe-
Cial Hotchpot, Advancement, and Main-
Tenance Clauses. Special Provisions in
default of Children. Trusts as to the Lease-
Holds till Sold. Power to the Husband and
Wife to Make Settlements of their respective
Shares of the Trust Funds On Their Mar-
Rying Again, if there be not more than two
Children of the present Marriage. Special
Provisoes as to keeping up the Policies on
the Husband's Life. Power to the Trustees
to Settle Accounts and give Releases.

THIS INDENTURE, made &c, Between A. B., of Parties.
&c, [intended husband], of the first part; C. D., of &c, [in-

by virtue of the death of her mother during the life of her said father, whether by virtue of her mother's contract of marriage, or by law, or on any other ground whatever, of all which claims, in all the events aforesaid, and on all the

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