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said, of and to the said consolidated united medieties of the Op An said rectory and parish church of aforesaid (b), And the w v" "N'

reversion, &c, And All The Estate &c.: To Have And To Habendum. Hold the said advowson or perpetual and alternate right of patronage and presentation, and all and singular other the premises hereby granted, or expressed and intended so to be, unto the said E. F. and G. H., and their heirs, To The TouseofgrantUse of the said M. B. and his heirs, until the solemnization °r marna8e: of the said intended marriage; And from and after the and aftfer^t0 solemnization thereof, To The Use of the said E. F. and trustees. G. H., and their heirs and assigns, Upon Trust that on Upon trust on the next avoidance of the said church in the lifetime of the cy in^VhuTM" said A. B., they the said E. F. and G. H., or the survivor band's lifetime, of them, or the heirs of such survivor, do and shall present ° present lm' the said A. B. thereto, And Upon Further Trust that —andaftersuch from and immediately after the decease of the said A. B., or Sn*hls" previou. from and immediately after he shall be presented to the said death, or with church, whichever shall first happen, or during the life of seUr"86"''° the said A. B., and before he shall be so presented, in case he shall consent thereto in writing, they the said E. F. and G. H., or the survivor of them, or the heirs of such survivor, do and shall absolutely sell and dispose of the said advowson or alternate right of presentation, either by public auction &c, [supra, p. 346, omitting the words referring to a sale in parts]; And do and shall, with the —and lay out consent in writing of the said A. B. and C. D., during p^se-mo! their joint lives, and of the survivor of them during his or her life, and after the death of such survivor at the discretion of the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, lay out and invest the money to arise from such sale in the names or name of the said E. F. and G. IL, or the survivor of them, or the executors or administrators of such survivor, in the purchase of a competent share or shares of any of the parliamentary stocks or public funds of Great Britain, or at interest upon government or real securities in England

(6) With respect to conveyances of advowsons, see ante, Vol. 3, Precedent XXI., p. 295, n. (a), p. 296, notes (6) and (c). vOL. Iv. H H

OF AN

ADVOWSON.

Proviso, that in certain events the advowson, if not previously sold, shall revert to the grantor.

Trusts of the purchase-money of the advowson.

In default of children becoming entitled, the monies to belong to the husband's father.

or Wales, (but not in Ireland (c)), with power for the said E. F. and G. H., with such consent or at such discretion as aforesaid, to alter, vary, and transpose the same stocks, funds, and securities into or for others of the same or a like nature (d), the said stocks, funds, and securities, and the interest, dividends, and annual produce thereof, to be holden by them or him 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: Provided Always and it is hereby agreed and declared between and by the parties to these presents, that, in case the said advowson and premises shall not have been sold in the lifetime of the said C. D., and the said C. D. shall die in the lifetime of the said A. B., and shall leave no child living at her decease, and shall not have had any child who shall have become entitled to a vested interest under the trusts and powers hereinafter contained of and in the money to arise by the sale of the said advowson and premises, then and in such cases the said advowson and premises hereinbefore granted, or intended so to be, shall not be sold, but the said E. F. and G. H., their heirs and assigns, shall immediately after the death of the said C. D. stand and be seised thereof, In trust for the said M. B., his heirs and assigns: And It Is Hereby Agreed and declared between and by the parties to these presents, that the said E. F. and G. H., their executors, administrators, and assigns, shall stand, &c, {trusts of the purchase-money of the advowson for the husband and wife, and the sons attaining twenty-one, and the daughters attaining twenty-one or marrying, with the usual clauses for hotchpot, advancement, maintenance, and accumulation, supra, Precedent I., pp. 313, 321]: Provided Always, and it is hereby agreed and declared between and by the parties to these presents, that, in case there shall be no 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, then and in such case the said E. F.

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life.

and G. H., their executors, administrators, and assigns, Of An shall, from and after the death of the survivor of them the ADVOWSOW. said A. B. and C. D., stand and be possessed of and interested in all and singular the monies to arise and be produced from the sale of the said advowson and right of alternate presentation, and the stocks, funds, and securities upon which the same shall have been invested, and the interest, dividends, and annual produce thereof, or so much thereof respectively as shall not have become vested or been applied under any of the powers or trusts herein contained, In Trust for the said M. B., his executors, administrators, and assigns. AND THIS INDENTURE ALSO WITNESSETH, that, in pursuance of the said certain events,

agreement in this behalf, and in consideration of the said 1° cffect and 7° . keep up an as

intended marriage, the said A. B. doth hereby, for himself, surance on his

his heirs, executors, and administrators, covenant with the said E. F. and G. H., their executors and administrators, that, in case the said intended marriage shall take effect, and the said A. B. shall be presented and inducted to the said rectory and parish church aforesaid, or in case the said advowson and premises shall be sold in the lifetime of the said A. B. before he shall have been presented and inducted as aforesaid, or in case the said A. B. shall become seised or possessed of any other ecclesiastical preferment or real or personal estate producing to him an annual income of not less than £ , then and in such case, and immediately after such presentation and induction, or such sale, or so becoming seised or possessed as aforesaid, whichever of the said events shall first happen, he the said A. B. shall and will, at his own costs and charges, assure or use his best endeavours to assure his life in the names or name of the trustees or trustee for the time being of these presents, in such office of assurance as the said trustees or trustee shall select, in the sum of £ (e), and shall and will, &c,

(e) If the trustees are to assure, it seems they must give notice of the policy having been effected, in order to enable them to sustain an action on the covenant not to vitiate the policy. (Vy«e v. Wakefield, 6 Mee. & W. 442).

OP AN ADVOWSON.

Trusts of the monies to become payable under the assurance.

[covenants for keeping the assurance on foot, see the covenants in nearly similar cases, supra, pp. 384, 423]: And It is Hereby Agreed and declared between and by the parties to these presents, that the said E. F. and G. H., and the survivor of them, and the executors and administrators of such survivor, do and shall receive the money to become payable under or by virtue of such assurance, and do and shall invest the same in their or his names or name in or upon any such stocks, funds, or securities as are hereinbefore mentioned with respect to the said monies to arise by the sale of the said advowson, with power to alter, vary, and transpose the securities as aforesaid; And do and shall stand and be possessed of and interested in the stocks, funds, and securities so to be purchased, and the interest, dividends, and annual produce thereof, Upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, provisoes, agreements, and declarations as are hereinbefore declared, expressed, and contained of and concerning the stocks, funds, and securities to be purchased with the money to arise from the sale of the said advowson, and the interest, dividends, and annual produce thereof, or such of them as shall for the time being be subsisting and capable of taking effect, save and except that the ultimate trust of the said money to be received under or by virtue of the said assurance, and the stocks, funds, or securities in or upon which the same shall be invested, shall be for the said A. B., his executors, administrators, and assigns (/): [Power to the trustees to keep up the assurance out of the income or capital of the trust funds, (if any), and exoneration for the omission to do so, supra, pp. 386, 425.— Trustees1 neceipt clause, supra, p. 352.Power to appoint new trustees, supra, p. 324.— Clauses for the indemnity and payment of trustees, supra, pp. 326, 327]. In Witness &c(<7).

(/) See supra, p. 382, n. (p).

(g) It would have been better, perhaps, to have declared the trusts for sale of the advowson by one deed, and those of the purchase and assurance monies by another. (See supra, p. 333, n. (a)).

XIII.

ARTICLES on the Marriage of a Female Articles
Infant (a), of her Share in Monies to arise "offemale
from, the Sale of a West Indian Estate Infant.
devised in Trust for Sale, and of Monies se-
cured by the Husband's Covenant. The First
Life Estate is given to the Husband, subject
to Determination on his Bankruptcy, &c.
Proviso that the Money may Remain on the
Security of the Covenant, So long as the
Husband keep his Life adequately assured.
Agreements relating to the Sale of the Share
of the West Indian Estate, and its Manage-
Ment, until a Sale, including a Power to take
the Purchase Money by Instalments.

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

(a) When the parties are not in a situation to make a conveyance or Occasion and assignment of the property intended to be settled, so as to vest it in the "j^ ijjteadof trustees, the instrument of settlement is generally termed the " Articles a settlement on for a settlement." This distinction, however, is, for the most part, nominal marriage, when applied to personal estate. For a settlement of the personal estate of an infant, or other person who cannot assign, differs or should differ from an ordinary settlement in no other respect than in substituting an agreement to assign for an actual assignment; the trusts and powers should be the same. It is very seldom necessary, now that a deed to bar an entail can be executed at any time, to execute articles of real estate; but when such an instrument is required, the powers should be set out at length, precisely as in a settlement, and the uses and trusts should be formally declared as in a settlement, with the difference, that the shorter language of wills may be employed for this purpose, because articles are construed according to the same rules as wills.

The personal estate of a female infant is bound by a settlement made The personal on her marriage, because such personal estate becomes by the marriage ^jg*^nt the absolute property of the husband, and the settlement is in effect his bound by her

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