Page images
PDF

Of Personal- tended wife], spinster, the only daughter of B. D., of &c, of the second part; the said B. D., of the third part; and

SION AND

[ocr errors]

on the death of her father;

Recital shewing settlement made on the marriage of B. D. with his dethe wife's in- ceased wife, C. D., as one of the four children of the mar

terest m pro- . , .

perty expectant riage was entitled in reversion, expectant on the death of B.

D., to an equal fourth share of a sum of £ , —/. per

cent. Bank Annuities, and of a policy of assurance on

—ofthe hus- the life of B. D,]; And Whereas the said A. B. is possessed of"f poli- sessed of or entitled to a policy of assurance ou his own

cy of assurance Jife bearing date the day of . and effected in his

on his own life; . '. ,

own name with the Assurance Office, in the sum ot

—of the agree- £ , and under the annual premium of £ (a); And

marriage; Whereas a marriage has been agreed upon, and is intended to be shortly had and solemnized, between the said A. B. —of an agree- and C. D.; And Whereas, upon the treaty for the said in

wife.s'fathe'r6 tended marriage, it was agreed that the sum of £ to

«nddthe be paid by the said A. B., and the sum of £ to be paid

contribute cer- by the said C. D., should be laid out in the purchase of the bebiTouHn0 messuage or tenement, land, and hereditaments comprised the purchase of in the indenture of lease hereinafter recited, and of the fixmessu^ge'to be tures in the same messuage or tenement, and that the said settled as after messuage or tenement, hereditaments, and fixtures, should 1U "lmai. be assigned to the said E. F., G. H., and I. K., their executors, administrators, and assigns, upon the trusts and in —ofan agree- manner hereinafter mentioned; And Whereas, upon the

ment that tl.e . , . - . . , . . , j

husband should treaty tor the said intended marriage, it was also agreed,

secure by bis tnat tne sai,J £ J}. snould pay to tue sam- E. F., G. H., and covenant, and .. «

the wife's father I. K., the sum of £ , at or before the solemnization of

the tr^s'tees'to tne said intended marriage, and that the said A. B. should be settled; by his covenant secure to the said E. F., G. H., and I. K.,

above-mentioned grounds, or on any other competent, or which may emerge to her, she, with consent aforesaid, and the said [husband], for his own interest, hereby discharges, and his heirs and executors for ever."

(a) If the policy be effected for the occasion, it should be in th< names of the trustees, supra, p. 370, n. (4). *

their executors, administrators, and assigns, the sum of Of Personal

-, with interest for the same, at the rate and in man

TY IN POSSES-
SION AND

ner hereinafter mentioned, and that the said E. F., G. H., Re>ersion,

1 T XT i • i • • i WITH SPECIAL

and 1. K., their executors, administrators, and assigns, Clauses. should stand possessed of and interested in the said sum of

£ , and the said sum of £ , and the interest thereof,

upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter declared, expressed, and contained of and concerning the same respectively; And — ofanagreeWhereas, upon the treaty for the said intended marriage, th^wife'sreverit was also agreed, &c, [recital of the agreement to assign "ionaryinterest; the reversionary interest of the wife under the former settlement, see supra, p. 370]; And Whereas, upon the treaty —and the polifor the said intended marriage, it was also agreed that the on "he'hus-1106 said A. B. should assign the said policy of assurance on his band's life; own life, and the monies to become payable under or by virtue of the same, to the said E. F., G. H., and I. K., their executors, administrators, and assigns, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations, hereinafter declared, expressed, and contained of and concerning the same; [Recital of a lease granted to A. B. of —nftheleasethe messuage, fyc, referred to, in consideration of the build- haltn^been86 er's expenses and the covenants entered into by A. B.; of purchased and

A. B. having paid the builder £ as the consideration tmsteesln trust

for the purchase of his interest in the lease, and £ for for saIetne

the fixtures; of the monies so paid, being the monies agreed money to be to be paid in that belialf by A. B. and C. D. as aforesaid; and of the assignment of the messuage and fixtures by A. B. by the settleto the trustees upon trusts for sale, and to stand possessed of menti the proceeds, upon the trusts declared by the settlement (i>)];

(6) This transaction, perhaps, needs explanation. The builder con- An original

tracts for a lease to be granted as soon as he has erected certain build- 'e8,e !,'1°"'d not

D be made to

ings. (See supra, Precedent II.). A. B., the building being completed, trustees.

purchases the benefit of this contract, i. e. purchases the lease, and the

lessor, by the builder's direction, grants the lease to A. B.; and A. B.,

having purchased,with the trust monies, assigns to the trustees upon

OF PERSONAL-
TT IN POSSES-
SION AND
REyERSION,
WITH SPECIAL
CLAUSES.

—of tne wife's
father having
paid to the
trustees the sum
of money agreed
to be paid by
him.

Witnesseth,
covenant by
the husband to
pay a sum of
money with in-
terest from his

Witnesseth, further, assignment of the wife's reversionary fourth share expectant on her father.s death;

—in a policy of assurance on his life;

And Whereas, in pursuance of the said agreement in this

behalf, the said B. D. hath paid the said sum of £

unto the said E. F„ G. H., and I. K. NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement in this behalf, and in consideration of the said intended marriage, he the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said E. F., G. H., and I. K., their executors and administrators, that in case the said intended marriage shall be had and solemnized, he the said A. B., his heirs, executors, or administrators, shall and will pay unto the said E. F., G. H., and I. K., their executors, administrators,

and assigns, the sum of £ , and in case the same sum

shall not be paid in the lifetime of the said A. B., shall and will pay interest for the same, at the rate of —/. per cent, per annum, from the day of the decease of the said A. B. (c). AND THIS INDENTURE ALSO WITNESSETH, that, in pursuance of the said agreement in this behalf, and in consideration of the said intended marriage, she the said C. D., with the privity and approbation of the said A. B. and also of the said B. D., (testified by their respectively being parties to and sealing and delivering these presents), hath assigned, and by these presents doth assign, unto the said E. F., G. H., and I. K., their executors, administrators, and assigns, All That the undivided fourth part or share, or other the part or share and interest whatsoever of her the said C. D., as one of the four children of the said B. D., and his late wife, expectant upon the decease of the said B. D., Of And In the said policies of assurance on the life of the said B. D., and

the trusts agreed on. The builder directs the lease to be made to A. B., because he thereby avoids himself entering into the covenants required from the lessee; and the trustees require A. B. to be the original lessee for a similar reason. A. B., as the original lessee, always remains personally liable on the covenants; but the trustees, as assignees, are only responsible for acts or defaults done or made during the continuance of their interest . (See ante, Vol. 1, Art . Leases).

(c) As to the superiority of a covenant to a bond for purposes of this nature, see supra, p. 386, n. (o).

OP PERSONAL-
TY IN POSSES-
SION AND

of and in all monies to arise or be received under or by virtue of the same policy, And Also of and in the said capital sum of £ , —/. per cent. Bank Annuities standing Reversion,

, . WITH SPECIAL

in the names of the said and , or the trust monies, Clauses.

stocks, funds, or securities to arise from or be substituted for and in a aum of the same, or any part thereof, And All The Estate, &c.: *tock. To Have, Hold, receive, and take the said premises here- ^"^rusteest0 inbefore assigned, or expressed and intended so to be, unto the said E. F., G. H., and I. K., their executors, administrators, and assigns, nevertheless, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter declared, expressed, and contained of and concerning the same respectively: [Covenants by husband and wife for right Covenants for to assign, and for further assurance, supra, p. 372]. AND "tleTHIS INDENTURE ALSO WITNESSETH, that, in SeTatign

pursuance of the said agreement in this behalf, and in con- m<;nt of?he

i • i • t • i -iat». policy of assur

sideration of the said intended marriage, the said A. B., with ance on the

the privity and approbation of the said C. D., and also of the ^"tru^ee,. said B. D., (testified by their respectively being parties to and sealing and delivering these presents), hath assigned &c, [Assignment of a policy of assurance on A. B.'s life to the trustees, ante, Vol. 3, p. 370: "Upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations, hereinafter declared, expressed, and contained of and concerning the same respectively:" [Covenants by Covenantsfor A. B. that the policies are goodfor right to assignand for further assurance, ante, Vol. 3, p. 372 et seq.]: And it Is Hereby agreed and declared between and Declaration of by the parties to these presents, that the said E. F., G. H., and I. K., their executors, administrators, and assigns, shall stand and be possessed of and interested in the said one fourth part or share, and all and singular other the premises hereinbefore assigned by the said C. D., or expressed or intended so to be, and of and in the

said sum of £ so paid to the said E. F., G. H., and

I. K. as aforesaid, and of and in the said policy of assurance, sums and sum of money, and all and singular other the premises hereinbefore assigned by the said A. B., or

title.

trusts;

OF PERSONAL.
TY IN POSSES-
SION AND
RKVERSION,
WITH SPECIAL
CLAUSES.

—for the different persons to whom the funds respectively belong, until marriage.

After the marriage.

Trusts for calling in, investing, and varying the securities as to such of the property as is outstanding on security;

expressed and intended so to be; and of and in the monies to be produced by the sale of the said messuage or tenement, land and premises, and fixtures, And of and in the

said sum of £ secured by the covenant of the said A.

B., Upon And For the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter declared, expressed, and contained of and concerning the same respectively, (that is to say), As To, For, And Concerning the said one fourth part or share, and all and singular other the premises hereinbefore assigned by the said C. D., or expressed or intended so to be, and the interest, dividends, and annual proceeds thereof, In trust for the said C. D., her executors, administrators, and assigns, in the meantime and until the said intended marriage shall be had and solemnized; And

As To, For, And Concerning the said sum of £ , [the

sum paid by B. D.], In trust for the said B. D., his executors, administrators, and assigns, in the meantime and until the said intended marriage shall be had and solemnized; And As To, For, And Concerning the said policy of assurance, sum and sums of money, and all and singular other the premises hereinbefore assigned by the said A. B., or expressed and intended so to be, and the said sum of £

secured by the covenant of the said A. B., and the interest and annual produce of the same trust premises respectively, In Trust for the said A. B., his executors, administrators, and assigns, in the meantime and until the said intended marriage shall be had and solemnized, And From And After the solemnization of the said intended marriage, As To, For, And Concerning the said one fourth part or share, and all and singular other the premises hereinbefore assigned by the said C. D., or expressed or intended so to be, and the said sums and sum of money, and all and singular other the premises hereinbefore assigned by the said A. B., or expressed and intended so to be, Upon trust, that they the said E. F., G. H., and I. K., or the survivors or survivor of them, or the executors or administrators of such survivor, do and shall, as soon as conveniently may be after the decease of the said B. D., as to the said fourth part or share, and all and singular other

« PreviousContinue »