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Articles [intended wife], spinster, an infant of the age of years,

0ofmfemalee or thereabouts, of the second part; and E. F., of &c., and

intended husband's settlement on her marriage;

—unless it stand settled to her separate use.

But the settlement of the real estate of a female infant is not binding on her;

—even though her parent or guardian join in the settlement.

How far a settlement on the marriage of a male infant is binding on him.

A female infant barred of her dower by jointure.

settlement and not hers. (See 2 Ituss. & My. 376). And though the reason ceases, the rule is apparently the same with the chattels real of the wife, even although the wife survive the husband; (Trollope v. Linton, 1 Sim. & Stu. 476); and with the choses in action of the wife, although they be not reduced into possession during coverture, and the wife survive. (Harvy v. Ashley, 3 Atk. 607. See, too, 1 Sim. & Stu. 485). Of course the rule holds, if there be a reduction into possession during coverture; (Williams v. Williams, 1 Bro. C. C. 152); but, as Lord Thurlow observes, 1 Bro. C. C. Ill, it is a very difficult thing to distinguish between such a settlement binding personal property, which never can become that of the husband, and real property, which it confessedly does not bind. And it is decided that property, which before marriage stands settled to the separate use of a female infant, is not bound by a settlement made on her marriage, because the property docs not on marriage become the property of the husband. (Simson v. Jones, 2 Iiuss. & My. 365; Johnson v. Johnson, 1 Keen, 648).

It is well established that a settlement, or an agreement for a settlement, made on the marriage of a female infant, of her real estate is not binding on her; and if she die without having confirmed the settlement, the property will go to her heir, subject to the husband's common law estate by the curtesy. {May v. Hook, 1 Bro. C. C. 112, n.; S. C. Harg. & But. Co. Lit. 246. a., n. (1); Clough v. Clough, 3 Wooddcson, 453, n.; Milner v. Lord Harewood, 18 Ves. 259). But she cannot, after attaining majority, join with her husband during his life in setting the settlement aside, and any conveyance made by them will enure to confirm the settlement. (Durnford v. Lane, 1 Bro. C. C. 106). It was formerly thought that the concurrence of the parent or guardian of the infant would give force to a settlement, which would not have been binding without such concurrence. (See the observations on this point in Harvy v. Ashley, 3 Atk. 607; Ainslie v. McdlycoU, 9 Ves. 19; Stamper v. Barker, 5 Madd. 157). But it is now clear that such concurrence is of no avail. (Simson v. Jones, 2 Russ. & My. 365).

If a male infant marry an adult female, who covenants that her estate shall be settled to certain uses, he is bound by her covenant. (Slocombe v. Glubb, 2 Bro. C. C. 545). But it is apprehended that a male infant has no power to settle his own property on a marriage. (4 Bro. C. C. 510. See, however, Strickland v. Croker, 2 Cha. Ca. 211; Warburton v. Lytton, 4 Bro. C.C. 441).

A female infant might, even before the Dower Act, 3 & 4 Will. 4, c. 105, have been barred of her dower by a proper legal jointure, settled on her before marriage; (Earl of Buckinghamshire v. Drury, 2 Eden, 60; S. C. 3 Bro. P. C. 492; but not by any other provision in the nature of a jointure. (Caruthers v. Caru/hcrs, 4 Bro. C. C. 500; Smith v. Smith, 5 Ves. 189; Corbet v. Corbet, 1 Sim. & Stu. 612; S. C. 5 Russ. 524).

G. H., of &c, [trustees], of the third part: [Recites the Akticles

will of B. D., devising a West Indian estate in trust for ^p^f-»iile*

sale, and directing the proceeds of the sale, and also the Infant.

rents and profits of the estate till sold, to be divided between Recital of a will

». 17 7 -i . i. i under which

his sons and daughters, with survivorship and accruer as to the wife is enthe shares of the sons dninq under twenty-one, and dauqhters b?ei t0. a sh"9

* no n •'of monies to

dying under that age unmarried.Of the testators death arise from sale without revoking or altering his will, and leaving only three and

children, of whom C. D. was one]; And Whereas a mar- of the profits

riage hath been agreed upon, and is intended shortly to be of the agree

had and solemnized, between the said A. B. and C. D.; ment, for the

And Whereas, upon the treaty for the said intended mar- ma^"a&e>

, . . —of 'ne agree.

riage, it was agreed that the said A. B. should enter into ment that the such covenant as is hereinafter contained for the payment co'e^nttopay to the said E. F. and G. H., their executors, administra- a sum of money

tors, and assigns, of the sum of £ , and interest, but 0f the settled*

subject to the proviso hereinafter contained for allowing the menti
same to remain on the security of the said covenant, and that
the said E. F. and G. H., their executors, administrators,
and assigns, should stand possessed of and interested in the

said sum of £ , and interest, upon and for the trusts,

intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter declared and contained of and concerning the same; And — oftheagrceWhereas, upon the treaty for the said intended marriage, it the wife's inwas also agreed that the share or shares to which the said terest under the C.D., her executors or administrators, or the said A. B. in her right, should, upon the solemnization of the said intended marriage, or at any other time or times thereafter, become entitled under or by virtue of the hereinbefore recited will, of and in the monies to arise by the sale of the said messuage, pieces or parcels of land, plantation, estate, hereditaments, and premises thereby directed to be sold as aforesaid, (after payment thereout of the money due on the said mortgage (b), and the other charges, if any, affecting the said premises), should be assigned to and vested in the said E. F. and G. H., their executors, administrators, and assigns,

(6) A mortgage mentioned in the will.

Articles upon and for the trusts, intents, and purposes, and with, °orV"male under, and subject to the powers, provisoes, declarations, IXF'NT- and agreements hereinafter expressed, declared, and conwitnesseth co- tained of and concerning the same. NOW THIS INhusbancUo' pay DENTURE WITNESSETH, that, in pursuance of the a sum of money said agreement in this behalf, and in consideration of the of the settle- said intended marriage, &c. [Covenant by the husband to

ment. pay a sum 0j money to the trustees within months after

the marriage, with interest in the meantime until paid; see Witnessed supra, pp. 381,408]. AND THIS INDENTURE ALSO further, agree- WITNESS ETH, that, in pursuance of the said agreement

ment to assign ... . .

to the trustees in this behalf, and in consideration of the said intended tere^under" marriage, it is hereby agreed and declared between and by the will in the the parties to these presents (c), that, in case the said inftom a sale, and tended marriage shall take effect the said A. B. and the said pronrtsDuntii1Cl ^' an(j a^ other necessary parties, shall and will, as soon sale. as the case will admit, at the costs and charges of the said

A. B., his executors or administrators, by such assignments and assurances in the law as by the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, their or his counsel in the law, shall be advised, or devised and required, assign All the part or share, parts or shares, to which the said C. D., her executors or administrators, or the said A. B. in her right, shall or may, upon the solemnization of the said intended marriage, or at any time or times thereafter, become entitled, either

Form of articles (<0 The form of articles is immaterial in equity, and in equity alone immaterial. can articles be carried into effect. It is a very common plan in articles % on the marriage of female infants, to put the agreement in the shape of

covenants by the husband and wife; the covenant by the wife being restricted by the words, " so far as she can or lawfully may." But the wife's covenant is a mere nullity; and it seems better to follow the modern plan of omitting the covenants and framing the agreement generally. For this plan is as effective, and avoids the necessity of inserting a covenant, which appears on the face of the deed to be ineffectual. As to how far the husband's settlement of his infant wife's choses in action will be effectual, if they be not reduced into possession during the coverture, and the wife outlives her husband, see Harvy v. Ashley, 3 Atk. 707; 1 Sim. & Stu. 485; see, too, supra, p. 455, n. (a), and p. 456.

originally or by survivorship or accruer, under or by virtue Articles of the hereinbefore recited will of the said B. D., of and in ^"female E the sum or sums of money to arise by the sale of the said Infant.

messuage and pieces or parcels of land at , and the

said plantation or estate called , and the live and dead

stock thereupon, and other the premises by the said will directed to be sold as hereinbefore is mentioned, after payment thereout of the said mortgage debt, and other charges, if any, which shall affect the same premises; And also of and in the proceeds of the crops, rents, issues, and profits of the same estates and premises respectively, in the meantime and until the same respectively shall be so sold, unto the said E. F. and G. H., 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; And Also, —and to emin and by the deed or deeds to be executed for making teeTto'sell'the" such assignment or assignments or otherwise, authorize wife.s interest

, ' , .. _ _ , - „ , , . in the land se

anu empower the said K. h. and (jr. H., and the survivor parately;
of them, and the executors or administrators of such sur-
vivor, or other the trustees or trustee thereof for the time
being, at any time or times before the said plantations,
estates, hereditaments, and premises, by the said will of the
said B. D. directed or authorized to be sold as aforesaid,
shall be sold accordingly, to sell and dispose of the one-
third part or share, or other the part or share, or parts or
shares, in or to which the said C. D., her executors or ad-
ministrators, or the said A. B. in her right, shall or may, or
if these presents, or any assignment in pursuance of the
agreement in that behalf, hereinbefore in that behalf con-
tained, had not been executed, would or might for the time
being be interested in or beneficially entitled under the said
will of or in the said plantations or estates, hereditaments,
and premises, by the said will authorized or directed to be
sold as aforesaid, or the unsold part thereof for the time
being, or any of them, or any part thereof respectively,
either entirely and altogether or in parcels, and either &c,

[usual powers to trustees for sale, supra, p. 346]; And Also —and to give

receipts for;

ARTICLES
ON MARRIAGE
OF FEMALE
INFANT.

— and to accept
payment of pur-
chase-money
by instalments.

—and with all usual powers;

—and with power until a sale to manage and cultivate the estate, and insure against fire, &c.

with the usual powers to give receipts and discharges to purchasers; And Also with power to accept payment of the purchase money, or any part thereof, by any instalment or instalments, at such time or times, and with such interest in the meantime, as to them or him shall seem meet; such instalment or instalments of principal and interest to be secured upon mortgage of the property sold, or otherwise, as the said trustees or trustee shall think fit; And with all other powers or authorities usual in that behalf, or which shall be deemed by the said trustees or trustee necessary or expedient for enabling him or them to effectuate such sale or sales, but with a provision, that, during the lives of the said A. B. and C. D., or the life of the survivor of them, no such sale as last aforesaid shall be made without their, his, or her consent and approbation in writing; And With Power in the meantime for the said E. F. and G. H., and the survivor of them, and the executors or administrators of such survivor, to cultivate, manage, maintain stock, and keep up the said plantations or estates respectively, or the unsold part or parts thereof for the time being, and to repair and amend, and insure and keep insured from loss or damage by fire, the erections, buildings, and works upon or belonging to the same respectively, and to erect and build any new or other erections, buildings, or works which may be deemed necessary or useful, and to purchase any cattle, plantation implements or utensils, stores, provisions, or other necessaries for the cultivation or use of the said plantations, or any of them, or any part thereof, and to appoint any manager or managers, receiver or receivers, or other person or persons to act in or about the management and cultivation of the same plantations or estates, or any of them, or any part thereof, and to revoke, alter, and vary such appointment at pleasure; And to borrow and take up at interest any sum or sums of money which may be wanted for any of the purposes hereinbefore expressed, and which the said trustees or trustee for the time being may think it advisable or expedient to raise and take up at interest, and to execute any mortgage or mortgages of the said premises, or any part thereof, for

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