Martin's Practice of Conveyancing: With Forms of Assurances - Charles Davidson - Google Books

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PARTITIONS.

General Observations

209 General obser-

14. Partition by four Co-heirs of Freeholds and Copyholds Freeholds and

-two of the Shares having been settled on Mar- copyholds.

riage, the Partition as to them is made under Powers

in the Settlements. Apportionment in equal Shares

of a Rent-charge charged on all the Lands parti-

tioned, with cross Powers of Distress

15. Partition by Tenants for Life and in Tail of a Manor, By tenants for
Advowson, and freehold Lands-the Manor being life and in tail
taken in Severalty by one Party

of an advowson
229 and lands.

16. Partition as to one Seventh Part of two freehold Es-

tates, held under different Limitations, and in differ-

ent Shares, by Tenants in Common. The remain-

ing six Seventh Parts being Re-limited to the

Persons previously entitled thereto in their former

Shares. Covenants as to the Payment of a Life

Annuity, and Assignment of a Term to attend the

17. Partition of Leaseholds by three Tenants in common Leaseholds.

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Conveyance by 18. Conveyance of Freeholds in Exchange for Freeholds

and Copyholds conveyed and covenanted to be sur-

rendered respectively, by Deed of even Date: Pro-

viso negativing the Right of Re-entry on Eviction:

Variation where the Right of Re-entry on Eviction

is intended to be reserved

Under powers. 19. Exchange under Powers, of Lands comprised in a Set-

tlement and Will respectively

20. Exchange under the Act of the 1 & 2 Geo. 4, c. 92, of

Lands belonging to a Charity, with the Forms of the

rity lands..

21 Petition by a Charity to the Bishop of the Diocese,

praying for a Commission to inquire into a proposed

Exchange under the Act of the 1 & 2 Geo. 4, c. 92

22. Form of Notice of proposed Exchange of Charity

Report of com- 23. Report of a Commission to inquire into a proposed

missioners in a

Exchange of Charity Lands

24. Exchange by a Rector of his Parsonage-house and

Glebe for other Lands to become Glebe, pursuant

to the Statutes 55 Geo. 3, c. 147, and 6 Geo. 4, c. 8,

1. Settlement on Marriage of a Sum of Stock, with the

usual Power for varying Securities. The Dividends

during the Joint Lives of Husband and Wife to be

paid to the Wife for her separate Use, with a Restric-

tion on Anticipation; after the Death of one of them,

to the Survivor for Life; after the Death of the Sur-

vivor, the Stock and Dividends to be for the Children

as the Husband and Wife or the Survivor shall ap-

point, and in Default of Appointment for Sons attain-

ing Twenty-one, and Daughters attaining that Age

or marrying, equally. Hotchpot, Advancement, Main-

tenance, and Accumulation Clauses. In Default of

Children, the Fund is given to the Wife or her Next

of Kin, so as to exclude the Husband. Trustees'

Receipt Clause. Power to appoint New Trustees.

Clauses for the Indemnity of the Trustees and the

Payment of their Expenses

ations.

2. Appointment by a Father, in contemplation of the Appointment

Marriage of his Daughter, of part of a Sum of Money portion, in con-
of a daughter's

raisable under the Trusts of a Term of Years .

330 templation of

trustees, in con-
templation of

3. Assignment to Trustees, in contemplation of Marriage,

and upon Trusts to be declared by a Settlement of even

Date, of a Sum of Money secured by a Mortgage of

Leaseholds, and a Policy of Insurance against Fire, of outstanding on

another Sum secured by a Mortgage of Freeholds, of securities.

another secured by a Mortgage of a Life Interest and

a Policy of Assurance, and of another appointed to

the intended Wife, and raisable under a Term of Years.

Covenants for Title and usual Clauses

4. Conveyance, in contemplation of Marriage, of a Moiety Conveyance, in
of a Freehold Estate for Lives, and of Policies of As- contemplation

of marriage, in

trust for sale.

standing on se-

curities and to

sale of real es-

life interest de-

bankruptcy, &c.

surance on the Lives, upon Trust for Sale, with a De-

claration of Trust of the Purchase-Money by Refer-

ence to a Settlement of even Date. Provisions for a

Renewal of the Lease and insuring the new Lives,

in case it become necessary before the Sale. Power

of Leasing until Sale. Usual Clauses and Cove-

5. Settlement on Marriage, of Sums of Money secured

on Mortgage, and of a Sum payable under the Trusts

of a Term of Years, and which have been assigned to

the Trustees by Deed of even Date; of Monies to be

produced by the Sale of Real Estate conveyed to the

Trustees by another Deed of even Date, in Trust for

Sale; of an Annual Sum covenanted to be paid until

the Money raisable under the Term shall be paid; and

of the Rents and Profits of the Real Estate until Sale.

Usual Trusts for Investment, and for the Benefit of

the Husband, Wife, and Children. If no children be-

come entitled, the Husband's Funds revert to him-

self, the Wife's to herself or her Appointees or Next

of Kin, exclusive of her Husband. Usual Trustee

6. Settlement of Shares in Monies out on Mortgage, of a

Sum of Stock, and of a Reversionary Interest in Stock

belonging to the Wife. A Policy of Assurance effected

by the Husband on his own Life, and a Sum of Money

which he covenants his Representatives shall pay after

his Death, are also settled by reference to the previous

Trusts, with a Variation in the ultimate Trusts. Trusts

for the separate Use of the Wife for Life, and, after

her Death, for the Husband, until he become Bankrupt

or Insolvent, or assign his interest, or marry again.

Usual Trusts and Powers for the Benefit of Children.

Special Trusts over in Default of Children entitled.

Power to the Wife, if she survive, to settle Part of the

Funds on a Second Marriage. Proviso, that if the

Husband in his Lifetime pays to the Trustee the Sum

assured on his Life, the Policy shall belong to him.

Covenants and Provisoes as to the Policy of Assurance.

Covenants by Husband and Wife for the Settlement

of after-acquired Property of the Wife. Usual Trus-

7. Marriage Settlement of a Share of a Sum raisable

under the Trusts of a Term, and of another Sum se-

cured by a Bond, and of a Sum for the Payment of

which the Father of the intended Husband covenants.

An Annuity to be paid during the Joint Lives of the

Isband and Wife to the Wife for her separate Use,

and the residue of the Income to the Husband, and

the whole to the Survivor for Life. After the death

of the Survivor, the Funds to be in trust for the Chil-

dren and remoter Issue as the Husband, Wife, or Sur-

vivor appoint, and in Default, for the Children equally.

Usual Clauses. General Powers for the Husband and

Wife, if there be but one Child, to appoint cer-

tain Parts of their respective Fortunes. Power to

Trustees to apportion the different Funds, if they

shall have been blended. Dower clause. Legitim

8. Settlement of Reversionary Interest in Personal Es-

tate, of an existing Policy of Assurance on the Hus-

band's Life, of the Money to arise by the Sale of

Leaseholds assigned by Deed of even Date, of a Sum

of Money and Interest secured by the Husband's Co-

venant, and of a Sum paid by the Wife's Father.

Trusts for Investment and varying Securities, the

Money on the Covenant not to be called in, except

by direction, till the Husband's Death. Usual Trusts

for Wife, Husband, and Children, with the Variations

required on account of some of the Funds not being

payable till the Husband's Death. Special Hotchpot,

Advancement, and Maintenance Clauses. Special

Provisions in default of Children.

Leaseholds till sold. Power to the Husband and Wife

to make Settlements of their respective Shares of the

Trusts as to the

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