OF AN ADVOWSON. Habendum. To use of grantor till marriage; and after, to the use of the trustees. the next vacancy in the hus presentation or on his previous death, or with his consent, to sell; said, of and to the said consolidated united medieties of the said rectory and parish church of ——— aforesaid (b), AND the reversion, &c., And all the ESTATE &c.: TO HAVE AND TO 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 USE of the said M. B. and his heirs, until the solemnization of the said intended marriage; AND from and after the solemnization thereof, To THE USE of the said E. F. and 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 said A. B., they the said E. F. and G. H., or the survivor band's lifetime, to present him; of them, or the heirs of such survivor, do and shall present the said A. B. thereto, AND UPON FURTHER TRUST that and after such from and immediately after the decease of the said A. B., or from and immediately after he shall be presented to the said church, whichever shall first happen, or during the life of 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 their joint lives, and of the survivor of them during his nies. 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. H., 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 (b) With respect to conveyances of advowsons, see ante, Vol. 3, Precedent XXI., p. 295, n. (a), p. 296, notes (b) and (c). and invest the purchase-mo OF AN ADVOWSON. Proviso, that in certain events the advowson, if not previous ly sold, shall revert to the grantor. Trusts of the purchase-money of the ad vowson. In default of children becoming enti tled, 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 herein before 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. (c) See supra, p. 312, n. (e). (d) See supra, p. 313, n. (ƒ). OF AN ADVOWSON. Covenant by the husband in certain events, to effect and keep up an as surance on his and G. H., their executors, administrators, and assigns, (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. (Vyse v. Wakefield, 6 Mee. & W. 442). OF AN ADVOWSON. Trusts of the monies to be under the assurance. IT IS [covenants for keeping the assurance on foot, see the covenants in nearly similar cases, supra, pp. 384, 423]: AND HEREBY AGREED and declared between and by the come payable 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 (f): [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.— Trustees' receipt 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. (g). (f) 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 ON MARRIAGE OF FEMALE INFANT. THIS INDENTURE, made &c., BETWEEN A. B. of Parties. &c., [intended husband], of the first part; C. D., of &c., Occasion and object of arti cles instead of a settlement on (a) When the parties are not in a situation to make a conveyance or assignment of the property intended to be settled, so as to vest it in the trustees, the instrument of settlement is generally termed the " Articles 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 on her marriage, because such personal estate becomes by the marriage the absolute property of the husband, and the settlement is in effect his The personal estate of febound by her male infant |