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carried into execution, and the same was decreed accord- or A Ward Of

ingly; and it was ordered that the said [trustees] ^v^er'1*

should transfer into the name of the Accountant-General of M"""'CE

the said Court in trust in that cause £ , —/. per cent.

Annuities, and £ , like annuities, which had been invested by them in their names out of the surplus dividends of

the said sum of £ ;And Whereas the said [trus- — of a transfer

tees] have transferred the said sums of £ and £ , "uance onhe"

l. per cent. Annuities, into the name of the Accountant- orderi

General of the said Court, to the credit of the said cause;

And Whereas, on or about the day of . , the — of the mar

.ii . i » -n n riage haviug

said C. Jd. intermarried with the said A. B., [her present taken place;

husband], she being then an infant and a ward of the

said Court of Chancery; And Whereas, by an order of —ofan order

the said Court, bearing date the day of , made [ne Master to

in the said cause, and in another cause wherein the said approve of a M. K., by her next friend, was plaintiff, and the said A. B. and C. B. [his wife] were defendants, It was ordered, that

it should be referred to , the Master, to whom the said

causes stood referred, to inquire and certify whether the marriage, stated to have been solemnized between the said A. B. and C. B., was a legal and valid marriage, and if the said Master should find that the same was a legal and valid marriage, then it was ordered that he should approve of a proper settlement to be made on such marriage, and should state the same to the Court; And it was ordered, that any parties interested should be at liberty to lay proposals before the said Master; And Whereas the said Master, by —of the Mas

his report, bearing date the day of , made in pur- j,"^TM^".m

suance of the said order of the day of in the same

year, certified that he had proceeded upon the matters so referred to him by the said order, and a proposal having been

laid before him on behalf of [the trustees of the will and

original settlement], and a state of facts and a proposal having also been laid before him on behalf of the said A. B., he had considered thereof, and found that the marriage in the said order stated to have been solemnized between the said A. B. and C. B. was a legal and valid marriage, and he had therefore proceeded to consider of a proper settlement to be OF A WARD OF

CHANCERY

AFTER MARRIAGE.

—of an order
referring it to
the Master to
review his re-
port, regard
being had to
a supposed
antenuptial
settlement;

—of the Master's report in pursuance;

made on such marriage; and that, having considered both of the said proposals, he was of opinion that the following would be a proper settlement to be made on such marriage (that is to say), [sets out the report as to the terms of the settlement verbatim]; And Whereas, by a further

order made in the said causes on the day of , it

was referred to the said Master to review so much of his said report as related to the settlement to be made on the marriage of the said A. B. and C. B., and to inquire and state to the Court whether any settlement or agreement for a settlement was made or entered into previously to the marriage of the said C. B. and A. B., and if so, that the said Master should approve of a proper settlement to be made on such marriage, regard being had to the same; And Whereas the said Master, by his report, bearing date

the day of , made in pursuance of the said lastly

recited order, certified that he had proceeded on the matters referred to him by the said lastly recited order, and found that, previously to the said marriage, a certain agreement for settlement had been made and duly executed, bearing

date the day of , and made or expressed to be

made between the said A. B., of the first part; the said C. B., by her then name of C. K., of the second part; and

and , of the third part; And that thereby &c,

[sets out the Masters statement of this agreement]; And

the said Master thereby also certified, that the said

[trustees] had proposed before him that the settlement to be made on the marriage of the said C. B. with the said A. B., (meaning the settlement so approved of by the said Master as aforesaid), should be varied by introducing the following powers, (that is to say), [sets out the powers proposed in

the report]; And that they the said [trustees] had

submitted to him, that, regard being had to the said articles of agreement, and to the circumstances under which the said marriage took place, the settlement so as aforesaid approved of, with the before-mentioned additions, was a fit and proper settlement to be made on the marriage of the said A. B. and C. D., and they therefore proposed that the whole of the property of the said C. B., as well vested as contingent, should be settled, and that all the interest under °* * Ward Op

* CHANCERY

the said agreement should be released, and the said Master After certified that he had considered thereof, and had reviewed Marriage. his said report dated the day of last, and ap

proved of the settlement therein stated to have been approved of by him, with the addition of the said powers or

clauses so proposed by the said [trustees], as a proper

settlement, having regard to the said agreement so therein mentioned as aforesaid; And Whereas, by another order —of another made in the said causes on the day of , it was ?rder d»scharg

» ' ing the last or

ordered that the said order made in the said causes bearing der, and condate the day of should be discharged, and it fiemeift pro-*'"

was declared that the agreement for a settlement in the Posei1 on lhe.^ lastly recited report stated to have been made and entered variations'; into by the said A. B. and C. B. then C. K., previous to their said marriage, was void and of no effect (b), and it being alleged that the said agreement was then in the

possession of , it was ordered that the same should

be cancelled by them, and it was ordered that the said Master's report, dated the day of , should be confirmed, with the following variation in the settlement which the said Master had approved, videlicet, [sets out the proposed variation]; And it was ordered that the residue of the said C. B.'s property, both real and personal, and as well vested as contingent, (subject to the payment of the costs, charges, and expenses thereinafter directed to be taxed), should be settled, conveyed, and assured, To the use, upon the trusts, and for the several ends, intents, and purposes which the said Master had by his said report,

bearing date the day of , approved of, with such

variation as before mentioned; And it was ordered that —and referring the said Master should settle and approve of a proper deed t0 approve of a or proper deeds for carrying the same into execution, And settlement; all proper and necessary parties were ordered to join in and execute such deed or deeds as the said Master should direct;

(A) This agreement would, of course, be binding only on the husband, until duly confirmed by the wife after coming of age. (See Long v. Long, 2 Sim. & Stu. 119; Austen v. Halsey, 2 Sim. & Stu. 123 ; Leeds v. Barnarditton, 4 Sim. 538, stated supra, p. 467, n. (a)).

OF A WARD OF

CHANCCRY

AFTER MARRIAGE.

—and tax the costs i

—which are to be paid out of the funds specified;

And it was referred to the said Master to tax (as between solicitor and client) the costs, charges, and expenses of the said M. K. and I. K., and of the aforesaid A. B. and C. B., therein mentioned; And it was ordered that so much of the said sum of £

—and giving directions respecting the funds in Court;

, —l. per cent. Annuities, standing in the name of the Accountant-General of the

said court in trust in the cause v. , " the trust

account of C. B.," (being the residue of the said C. B.'s moiety of the said sum of £ , like annuities, remaining in the hands of the said Accountant-General after making certain payments thereout directed by another order

made in the said causes dated the day cf ), as

would be sufficient cash to raise the said costs, charges, and expenses when so taxed and settled as aforesaid, should be sold with the privity of the said AccountantGeneral, and one of the cashiers of the bank was to have notice to attend and receive the money to arise by such sale, who, upon receipt thereof, was to pay the same into the bank, to be there placed to the credit of the said cause, the like account; And out of the money to arise by such sale, it was ordered that the said costs, charges, and expenses be paid in manner therein mentioned, and upon the execution of the said deed or deeds by all necessary parties, such execution to be certified by the said Master, it was ordered that out of the money

so to be raised as aforesaid the sum of £ be paid

to the said C. B. for her sole and separate use, And that the residue of the said sum of £ , —/. per cent. Annuities, and the dividends to accrue due thereon until the carrying over thereof thereby directed, and the said sum

of £ cash in the bank. placed to the credit of the

said cause, the like account, be carried over in trust,

and placed to the credit of the cause , to an account

to be intitled " The marriage settlement account of C. B.;"

And it was ordered, that the sum of £ cash, when

so carried over, and the dividends to accrue due on the said sum of £ , — l. per cent. Annuities, or the residue thereof after such sale as aforesaid, as and when the same should from time to time become due, be paid to the said C. B. during her life, or until the further order of Op A Ward Of the Court, for her sole and separate use, And any of the cb^t^y parties were to be at liberty to apply to the Court as M*"""GEthere should be occasion; And Whereas the said Master, —ofthe Master by his further report in the said cause, bearing even date Jd"? thVpreJ" herewith, hath certified that he hath settled and approved few deed as a of these presents as and for a proper settlement of the 2"6" said C. B. pursuant to the aforesaid reports, and the said

order confirming the same, dated the day of ,

and, in testimony of such his approbation, hath signed

his allowance thereof in the margin of the last skin of

the engrossment of these presents, and his name in the

margins of the other skins of the same engrossment. NOW Witnessed,

THIS INDENTURE WITNESSETH, that, in pur- Sndih'*"

suance of the said order dated the day of , and on. his wife

r , . ~ . ... - taiiiing twenty

lor carrying the same into effect, and in consideration of 0ne, the real esthe said marriage having: been solemnized between the said Me shalJ be ,

° °, , , . conveyed to the

A. B. and C. B. as hereinbefore is mentioned, he the said trustees.
A. B. doth hereby, for himself, his heirs, executors, adminis-
trators, and assigns, covenant (c) with the said E. F., G. H.,
and I. K., their heirs, executors, administrators, and assigns,
that when and so soon as the said C. B. shall attain her age
of twenty-one years, or as soon thereafter as conveniently
may be, they the said A. B. and C. B. shall and will, at the
cost of the said trust estates and premises, make, do, and ex-
ecute, or cause and procure to be made, done, and executed,
all such acts, deeds, conveyances, and assurances in law
whatsoever, as may be necessary, and as they the said A. B.
and C. B., his wife, lawfully can or may make, do, or ex-
ecute, for the purpose of well and effectually conveying to and
vesting in the said E. F., G. H., and I. K., their heirs, ex-
ecutors, administrators, or assigns, All The Estate, right,
title, interest, as well vested as contingent, of the said C. B.,
and of the said A. B. in her right, of, in, and to the said
messuage, lands, and hereditaments, furniture and stocks, si-

(c) As to the form of settlements when the wife is an infant, see supra, p. 458, n. (c); and for some general remarks on settlements on the marriages of infants, see supra, p. 455, n. (a).

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