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TY IN POSSES

WITH SPECIAL

the wi fe's in

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OF PERSONAL- tended wife], spinster, the only daughter of B. D., of &c.,

SION AND of the second part; the said B. D., of the third part; and REVERSION, E. F., of &c., G. H., of &c., and I. K., of &c., (trustees], of

CLAUSES. the fourth part; [Recitals, whereby it appeared that, under Recital shewing the settlement made on the marriage of B. D. with his de

ceased wife, C. D., as one of the four children of the marterest in property expectant riage was entitled in reversion, expectant on the death of B. on t her father;

of D., to an equal fourth share of a sum of £-,-l. per

cent. Bank Annuities, and of a policy of assurance on of the hus- the life of B. D.]; And whereas the said A. B. is possessed of a polis sessed of or entitled to a policy of assurance on his own cy of assurance life, bearing date the day of — , and effected in his on his own life;

own name with the — Assurance Office, in the sum of -of the agree-£- , and under the annual premium of £— (a); AND ment for the 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 inment that the wife's father

tended marriage, it was agreed that the sum of £— to and the hus- be paid by the said A. B., and the sum of £— to be paid band should contribute cer- by the said C. D., should be laid out in the purchase of the

to messuage or tenement, land, and hereditaments comprised be laid out in the purchase of in the indenture of lease hereinafter recited, and of the fixa leasehold messuage to be cures in the

To be tures in the same messuage or tenement, and that the said settled as after messuage or tenement, hereditaments, and fixtures, should mentioned;

be assigned to the said E. F., G, H., and I. K., their execu

tors, administrators, and assigns, upon the trusts and in -of an agree- manner hereinafter mentioned; AND WHEREAS, upon the husband should treaty for the said intended marriage, it was also agreed, secure by his that the said B. D. should pay to the said E. F., G. H., and covenant, and the wife's father I. K., the sum of £- , at or before the solemnization of pay money to the said intended marriage, and that the said A. B. should

by his covenant secure to the said E. F., G. H., and I. K.,

tain

onies to

ment that the

be settled;

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 the names of the trustees, supra, p. 370, n. (b).

TY IN POSSES

SION AND

WITH SPECIAL

the hus

their executors, administrators, and assigns, the sum of op PERSONAL£- , with interest for the same, at the rate and in man- ? ner hereinafter mentioned, and that the said E. F., G. H., REVERSION, and I. 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 –of an agree

ment to settle WHEREAS, upon the treaty for the said intended marriage, the wife's rever. it was also agreed, &c., [recital of the agreement to assign sionary interest; the reversionary interest of the wife under the former settlement, see supra, p. 370]; And whereas, upon the treaty —and the poli

cy of assurance for the said intended marriage, it was also agreed that the 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 -of the lease

ī hold messuage the messuage, fc., referred to, in consideration of the build- hi er's expenses and the covenants entered into by A. B.; of purchased and

vested in the A. B. having paid the builder £as the consideration for the purchase of his interest in the lease, and £- for for sale—the the fixtures ; of the monies so paid, being the monies agreed money to be to be paid in that behalf by A. B. and C. D. as aforesaid ; beld on the

trusts declared 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 ment; the proceeds, upon the trusts declared by the settlement (6)];

een

trustees in trust

purchase

(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- lea

he hoe grooted cortoin hwila lease should not

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

TY IN POSSES

SION AND

WITH SPECIAL

CLAUSES.

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paid to the

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OF PERSONAL. AND Whereas, in pursuance of the said agreement in this

behalf, the said B. D. hath paid the said sum of £REVERsion, unto the said E. F., G. H., and I. K. NOW THIS IN

DENTURE WITNESSETH, that, in pursuance of the of the wife's said agreement in this behalf, and in consideration of the

er having said intended marriage, he the said A. B. doth hereby, for trustees the sum himself, his heirs, executors, and administrators, covenant to be paid by

be need with the said E. F., G. H., and I. K., their executors and him.

administrators, that in case the said intended marriage Witnesseth, shall be had and solemnized, he the said A. B., his heirs, covenant by the husband to executors, or administrators, shall and will pay unto the said

E. F., G. H., and I. K., their executors, administrators, money with interest from his and assigns, the sum of £- , and in case the same sum death.

shall not be paid in the lifetime of the said A. B., shall and will pay interest for the same, at the rate of —I. per

cent. per annum, from the day of the decease of the said Witnesseth, A. B. (c). AND THIS INDENTURE ALSO WITfurther, assign

" NESSETH, that, in pursuance of the said agreement in wife's rever., this behalf, and in consideration of the said intended marsionary fourth share expectant riage, she the said C. D., with the privity and approbation on her father's of the said A. B. and also of the said B. D., (testified by death;

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, ex-in a policy of pectant upon the decease of the said B. D., OF AND in the

nhis said policies of assurance on the life of the said B. D., and life;

ment of the

assurance o

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. (c).

TY IN POSSES

SION AND

WITH SPECIAL

and in a sum of

the trustees.

of and in all monies to arise or be received under or by vir- OP PERSONALtue of the same policy, And also of and in the said capital sum of £- ,-. per cent. -— Bank Annuities standing Reversion, in the names of the said and — , or the trust monies, clauses. stocks, funds, or securities to arise from or be substituted for and the same, or any part thereof, AND ALL THE ESTATE, &c. : stock. TO HAVE, AOLD, receive, and take the said premises hereinbefore 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 uitle.

Witnesseth, THIS INDENTURE ALSO WITNESSETH, that, in further, assignpursuance of the said agreement in this behalf, and in con ment of the

policy of assursideration 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

le to the trustees. 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 Covenants for A. B. that the policies are good for 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., trust 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.

SION AND

of Personal- expressed and intended so to be ; and of and in the monies TY IN POSSES. timendand hosha anda.

to be produced by the sale of the said messuage or teneREVERSION, ment, land and premises, and fixtures, And of and in the WITH SPECIAL CLAUSES. 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 --for the differ- to say), As ro, FOR, AND CONCERNing the said one fourth ent persons to whoin the funds part or share, and all and singular other the premises hererespectively inbefore assigned by the said C. D., or expressed or inbelong, until marriage.

tended 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 After the mar- marriage shall be had and solemnized, AND FROM AND riage.

AFTER the solemnization of the said intended marriage, Trusts for call. As to, FOR, AND CONCERNING the said one fourth part ing in, invest on shor ing.and varying

or share, and all and singular other the premises hereinbe

. the securities as fore assigned by the said C. D., or expressed or intended to such of the

s is so to be, and the said sums and sum of money, and all outstanding on and singular other the premises hereinbefore assigned by security;

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

property as is

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