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OF THE WIPE'S
—if the hus-
—if the wife
—and in default of appointment,
—as to real estate, in trust for the wife's heirs;
—and as to personal estate, for her kin of her own blood.
been disposed of under the power of appointment, or under the right of disposal by virtue of the trust for the separate use of the said C. D. hereinbefore contained, Upon And For the trusts, intents, and purposes following, (that is to say), If The Said A. B. shall die in the lifetime of the said C. 'D., then in trust for the said C. D., her heirs, executors, administrators, and assigns; But If The Said C. D. shall die in the lifetime of the said A. B., then (except as to such part and parts of the said real and personal estate in which the interest shall determine on the death of the said C. D.), Upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, provisoes, and declarations, as the said C. D. shall, notwithstanding her said intended coverture, by her last will and testament, or any codicil thereto, or any writing in the nature of, or purporting to be, a will or codicil, direct or appoint; And In Default of such direction or appointment, and so far as no such direction or appointment shall extend, As To Such property as shall be real estate, In Trust for the heirs of the said C. D. in such and the same manner as if the said C. D. had died entitled to the same without having been married to the said A. B., and intestate; And As To Such parts of the said property as shall be personal estate, In Trust for the person or persons who, under the statutes for the distribution of the personal estates of intestates, would have been entitled thereto in case the said C. D. had died possessed thereof, or entitled thereto, without having been married to the said A. B., and intestate, such persons, if more than one, to take in the shares in which they would have taken under the said statutes (d); [Power to trustees to give receipts, supra, p. 323.—Power to appoint new trustees, supra, p. 324.— Clauses for the indemnity and payment of trustees, supra, pp. 326, 327]. In Witness &c.
(d) The covenant in the text was framed to meet a particular case, in which it was apprehended that the intended wife might become actually entitled, under existing settlements, to the estates of her family; and it was desired that the husband should take no interest in them. There was no probability of issue of the marriage. See the more usual form of a covenant to settle after-acquired property, supra, p. 387 et seq.
VOLUNTARY SETTLEMENT of Real and Vo.untaky.
THIS INDENTURE, made &c, Between A. B., of Parties.
(a) A voluntary settlement or disposition means, in legal language, a Voluntary setsettlement or disposition made without valuable consideration. Money, tlements. money's worth, marriage, and the like, are valuable considerations; but blood, natural love and affection, and the like, are only good considerations. (2 Black. Com. 297). Settlements founded only on these good considerations, (as a settlement, for example, made after marriage in favour of a wife and children), are void, under the stat. 13 Eliz. c. 5, against creditors of the settlor, if he be not in a solvent condition at the time of making the settlement; and are void, under the stat . 27 Eliz. c. 4, against subsequent purchasers from the settlor, without notice of the settlement. (See the cases on these subjects, ante, Vol. 1, Art.Settlements; 3 Sugd. Vend. ch. xxi., 10th ed.; IV. Cru. Dig. by White,Tit. XXXII., ch. xxvii. See, too, the recent case of Whitlinglon v. Jennings, 6 Sim. 493). Hence, it is extremely important to state, on the face of settlements not made on marriage, any circumstances which may take away from them the character of being voluntary. Thus, the arrears or the release of an existing voluntary annuity, are a valuable consideration for a subsequent security. (Stiles v. Attorney-General, 2 Atk. 152; Jones v. Boulter, 1 Cox. 288; Gilham v. Locke, 9 Ves. 612; see, too, Tanner v. Byne, 1 Sim. 160, 167; Bowen v. Kirwan, Lloyd & Goold, Cas. T. Sugd. 47). And where a debtor, pending a suit and before execution, being insolvent, assigns all his effects to trustees for the benefit of his creditors, such assignment is not void. (Pickstock v. Lysler, 3 Mau. & S. 371).
—of the agreement for the settlement.
Witnesseth, conveyance of the settlor.s real estate.
session of or to the messuage, lands, and other hereditaments hereinafter particularly mentioned, and intended to be hereby released, with the appurtenances, and is also possessed of or entitled to certain personal estate and effects; And Whereas, in consideration of the natural love and affection which the said A. B. bears to the said E. B., his wife, and the said C. B., his son, and to M. and N., his daughters, and of the covenant hereinafter contained on the part of the said C. B., and for divers other good causes and considerations (6), the said A. B. hath agreed to convey the said messuage, lands, and other hereditaments to the uses and in manner hereinafter mentioned, and to assign the said personal estate and effects unto the said C. B., for his proper use and benefit. NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and for the considerations aforesaid, he the said A. B# hath granted, released, and confirmed, and by these presents doth grant, release, and confirm, unto the said C. B. (in his actual possession, &c, ante, Vol. 3, p. 198) and his heirs, All, &c. [parcels—general words]: To Have And To Hold the said messuage, lands, and hereditaments, and all and singular other the premises hereby granted and released, or expressed and intended so to be, unto the said C. B. and his heirs, to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations, hereinafter expressed and contained of and concerning the same, (that is to say), To The Use and intent, [limitation of a rent-charge to E. B. tcith the usual powers of distress and entry, supra, p. 502 (c), and of a term of one thousand years upon the trusts to be aftertoards declared, supra, p. 504]; And from and after the expiration or sooner determination of the said term of ODe thousand years, and in the meantime subject thereto and
(b) As to the effect of this statement, see supra, p. 565, n.; see, too, the last page, n. (a).
(c) A shorter form of the powers of distress and entry is given supn, p. 576.
to the trusts thereof, To Such Uses, &c. [to uses to bar Voluntary.
dower in favour of C. B., ante, Vol. 3, p. 214]: And It Is Declaration of
Hereby Agreed and declared between and by the parties tern/of years)
to these presents, that the said messuage, lands, heredita- t0 rais„e su,ffi
i . i ii.., T -i T. -n cieutforthe
ments, and premises are hereby limited, to the said Jfci. r. maintenance of
and G. H., their executors, administrators, and assigns, for settlor;
the said term of one thousand years, Upon trust, that they
the said E. F. and G. H., and the survivor of them, and
the executors and administrators of such survivor, do and
shall from time to time, during the life of the said A. B.,
by and out of the rents, issues, and profits of the said
messuage, hereditaments, and premises comprised in the
said term of one thousand years, or any disposition of the
same premises, or any part thereof, for all or any part of
the same term, or by bringing actions against the tenants
or occupiers of the same premises for the rents then in ar
rear, or by more than one, or by all of the ways or means
aforesaid, or by any other reasonable ways or means, levy
and raise such sum or sums of money as shall be sufficient
for the maintenance and support of him the said A. B. in
a proper and suitable manner; And Do And Shall apply
the monies so to be levied and raised as aforesaid for that
purpose accordingly; Provided Always, and it is hereby —but the trus
agreed and declared, that the said trustees or trustee shall un(1er tne term
not act in the execution of the said trusts hereinbefore de- s0 lpng_u the
settlor is duly
clared during the joint lives of the said A. B. and C. B., so maintained by long as the said C. B. shall at his own costs and charges soni support and maintain the said A. B. in a proper and suitable manner, pursuant to the covenant hereinafter in that behalf contained; And Upon This Further Trust, that —and to raise they the said E. F. and G. H., and the survivor of them, *"mf*o the1"" and the executors and administrators of such survivor, do daughters of and shall, immediately after the decease of the said A. B., by all or any of the ways and means aforesaid, levy and
raise the sum of £ , and pay the same to the said M.,
her executors, administrators, and assigns; And Also levy
and raise the like sum of £ , and pay the same to the
said N., her executors, administrators, and assigns; And —andsecure Upon This Further Trust, that, if the said annuity or ahrent.ycTMarge°f Voluntart. yearly rent-charge of £ , or any part thereof, shall at any
previously time or times be in arrear and unpaid by the space of forty limited. fays next after any day on which the same ought to be paid
as aforesaid, then and in such case, and when and so often as the same shall happen, they the said E. F. and G. H., and the survivor of them, and the executors or administrators of such survivor, do and shall, by all or any of the ways and means aforesaid, levy and raise such sum or sums of money as will be sufficient, or as he or they shall think fit or expedient to raise, for the paying and satisfying of the
said E. B. or her assigns the said annual sum of £ , or
such part thereof as shall be so in arrear and unpaid, and all costs, charges, and expenses incident thereto, And do and shall apply the money so to be levied and raised, or a competent part thereof, in or towards satisfaction of the said arrears, costs, charges, and expenses, accordingly, and pay the surplus or residue thereof (if any) unto the said C. B., his heirs, appointees, or assigns, or the person or persons for the time being entitled to the reversion and inheritance of the said messuage, lands, and premises immediately expectant on the said term of one thousand years (d); And Upon This Further Trust, [trust for the reversioner, Witne.5eth fur- tupra.p. 510]. AND THIS INDENTURE ALSO WITment "of per- NESSETH, that, in further pursuance of the said agreesoualty to the ment, and for the considerations aforesaid, he the said A. B. use/0' "°*n hath assigned, and by these presents doth assign, unto the said C. B., his executors, administrators, and assigns, All and singular the monies and securities for money, goods, chattels, and other personal estate and effects whatsoever and wheresoever, of or to which he the said A. B., or any person or persons in trust for him, is, are, shall or may be possessed or entitled in possession, reversion, remainder, or expectancy, or otherwise howsoever; And All The EsTate, &c, Together with, &c, [Power of attorney, supra,
Jointure and (rf) This precedent is extremely compendious in its forms and language,
portions not to liavinfT Deen taken from a settlement of a very small property. In ordi
be stcnred by 6 , . , „'..,.
a tingle term. nax7 case8> there should be a separate term for raising the portions, as in
Precedent XVI. supra, pp. 504—508.