OF PERSONALTY FOR HUSBAND, WIFE, CHILDREN, AND REMOTER ISSUE.

Power for the
wife, if only
one child of the
marriage be-
came entitled

to the funds, to
appoint a sum

of money out of

her own funds to herself or any other person.

invested, and the interest, dividends, and annual produce thereof, or such part or parts thereof respectively as shall not have become vested or been applied under any of the trusts or powers herein declared or contained (k), IN TRUST for the said A. B., his executors, administrators, and assigns: PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties 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, shall attain that age or marry (7), it shall be lawful for the said C. D., at any time or times, either before or after the happening of such default or failure shall have been ascertained, and whether the said C. D. shall be married or single, by any deed or deeds, instrument 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 exceeding in the whole the sum of £- shall be raised out of the said several sums of £ and £, [the wife's property], 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 for the husband 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).

(7) Care must be taken that the power does not overreach the trusts 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).

as to his funds.

OF PERSON

ALTY FOR HUS

BAND, WIFE, CHILDREN, AND REMOTER ISSUE.

Power for the

trustees to di

tion the trust

shall attain that age or marry (m), it shall be lawful for the said A. B., at any time or times before or after the happening of such default or failure shall have been ascertained, by any deed or deeds, or instrument or instruments in 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 such intents or purposes as he shall think fit: Provided alvide and appor- WAYS, and it is hereby agreed and declared between and by the parties to these presents, that if at any time or times hereafter, in the execution of any of the trusts and provisions of blended into this present indenture, it shall become necessary to divide one), among the several persons and apportion between and among several persons the seentitled thereto. veral funds, the 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

funds, (if they shall have been

(m) See supra, p. 322, n. (n).

OF PERSON

ALTY FOR HUS-
BAND, WIFE,
CHILDREN,
AND REMOTER
ISSUE.

persons entitled thereto; and the division or apportionment and distribution so to be made shall be as binding and conclusive upon all persons claiming or to claim any interest in the premises as if the same had been made by the direction 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 (n): [Trustees' receipts to Trustee clauses.

(n) As to what will operate as a bar or satisfaction of dower, see Cru. Dig. by White, Tit. VI. chap. iv.; 2 Sugd. V. & P. chap. xi. sect. 1, 10th ed.; and as to the bar or satisfaction of dower by settling a legal or equitable jointure in the wife, see Cru. Dig by White, Tit. VII. chap. i., and Sugd. V. & P. ubi supra. With reference to the clause in the text, it is only necessary to observe, that courts of equity now consider that any provision which an adult female accepts before marriage in satisfaction of dower or freebench is binding on her, and is a bar to her claim to dower or freebench; (Tinney 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; Garthshire v. Chalie, 10 Ves. 1; Corbet v. Corbet, 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 undisposed-of personal estate; (Colleton v. Garth, 6 Sim. 19); and a settlement 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).

Effect and operation of the clause in bar of

the wife's

dower.

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

OF PERSON

ALTY FOR HUS

BAND, WIFE, CHILDREN, AND REMOTER

ISSUE.

be good discharges, supra, p. 340. Power of appointing new trustees, supra, p. 324. Clauses for the indemnity and payment of the expenses of trustees, supra, pp. 326, 327]. IN WITNESS &c.

legitim, under the law of Scotland;

-form of.

proportionate part of the father's personal estate, is a usual and necessary
clause in the marriage settlement of a child, for whom the father, on such
marriage, advances a portion. (See The Marquis of Breadalbane v. The
Marquis of Chandos, 2 My. & C. 711). And as it frequently happens
that when the husband is an Englishman and settles English property,
the marriage settlements of Scotch ladies are prepared in England, the
following form of a clause barring legitim is subjoined, although not be-
longing to the settlement in the text. The clause is understood to have
been settled in 1837 by an eminent legal functionary in Scotland, and as-
sumes, as will be seen by its language, that the father has previously made
provision by the settlement for the daughter whose legitim it bars.
"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 ac-
cepted by the said [wife] and her said husband in full satis-
faction 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 [wife], 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 what-
ever 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 exe-
cuted by her said father in her favour, as also in full satis-
faction of all claims for any share of the goods in commu-
nion, or of any other claim which may emerge to her on or

VIII.

TY IN POSSES

SION AND REVERSION,

WITH SPECIAL

CLAUSES.

SETTLEMENT of REVERSIONARY Interest in OF PERSONAL-
PERSONAL ESTATE, of an EXISTING POLICY
of ASSURANCE on the Husband's Life, of the
MONEY to arise by the SALE of LEASEHOLDS
assigned by DEED of EVEN DATE, of a SUM of
MONEY and Interest secured by the Husband's
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.

default of Children.
HOLDS till Sold.

SPECIAL PROVISIONS in

TRUSTS as to the LEASE-
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