MONEY SECURED BY COVENANT. ultimate trust, funds. for such person or persons and in such manner as the said H. B. shall by deed appoint, and in default of such appointment, and so far as any such appointment shall not extend, IN Corresponding TRUST for the said A. B., absolutely: AND as to the wife's trust of wife's trust' funds, IN TRUST for such person or persons, and in such manner as the said M. D. shall by deed appoint: AND in default of such appointment, and so far as any such appointment shall not extend, IN TRUST for the said C. D., absolutely, if she shall survive her now intended coverture, but if she shall die during her now intended coverture, then [IN TRUST for such person or persons being a brother or sister, or brothers or sisters, or the issue of a brother or sister, or of brothers or sisters, of her the said C. D., as she the said C. D. shall by deed or will appoint, and in default of such appointment, and so far as any such appointment shall not extend] IN TRUST for, &c., (next of kin under the Statute of Distribution,-remaining clauses as in last Precedent, suprà, pp. 293 to 296). IN WITNESS, &c. CONVEYANCE OF LAND ON TRUST FOR SALE IN CONTEMPLATION OF MARRIAGE. Parties. No. XII. CONVEYANCE of FREEHOLDS, in CONTEMPLATION of a MARRIAGE, to TRUSTEES on TRUST to SELL, and to hold the PROCEEDS on the TRUSTS of an INDENTURE of SETTLEMENT of even date. THIS INDENTURE, made the day of, 18—, BETWEEN A. B., of, &c. (intended husband), of the first part, C. D., of, &c. (intended wife), of the second part, and E. F., of, &c., G. H., of, &c., and I. K., of, &c. (trustees), of the third part: WITNESSETH, that in consideration of a marriage intended shortly to be solemnized between the said A. B. and the said the usual form, except that the testamentary power usually given to a wife when the money settled is her own may be properly omitted, or a limited power of appointment may be given as above. CONVEYANCE OF LAND ON TRUST FOR TEMPLATION OF hereditaments proceeds of even date; C. D., the said A. B. as settlor (t) hereby conveys unto the said E. F., G. H., and I. K. (hereinafter called "the trustees"), ALL, &c. (Parcels), TO HOLD the same unto and to the use of the trustees SALE IN CONin fee simple, IN TRUST for the said A. B. in fee simple until the said intended marriage, and after the said marriage, UPON Conveyance of TRUST that the trustees shall, upon the request of the said A. B. to trustees for during his life, and after his decease upon the request in writing of sale; the said C. D. during her life, and after the decease of the survivor of them the said A. B. and C. D., at the discretion of the trustees, sell the said hereditaments and premises, and shall receive the moneys which shall arise from any such sale as and to hold aforesaid, and after paying and retaining thereout the costs and sale on trusts expenses attending such sale, shall stand possessed of the residue of indenture of of the said moneys, upon such trusts and with and subject to such powers and provisions as are or shall be expressed and declared concerning the same by an indenture already prepared and engrossed, bearing or intended to bear even date with these presents, and made or intended to be made between, &c. (parties): AND UPON FURTHER TRUST that in the meantime and until such and in the sale as aforesaid the trustees shall permit the rents and profits of the said hereditaments to be received by the said A. B. during his life, and after his decease by the said C. D. during her life, and so that each of them the said A. B. and C. D. while entitled to receive the rents and profits as aforesaid, shall have all the rights and privileges of a tenant for life without impeachment of waste, and after the decease of the survivor of the said A. B. and C. D. shall stand possessed of the said rents and profits upon the trusts declared concerning the same by the indenture above referred to. AND IT IS HEREBY DECLARED that the power of Power of leasing, &c. leasing and other powers conferred by sect. 63 of the Settled may be Land Act, 1882 (except the power of sale) may be exercised as without leave regards the hereditaments hereby conveyed without the leave of Court and of the Court, notwithstanding sect. 7 of the Settled Land Act, to trustees. meantime to allow husband and wife sucreceive the profits. cessively to rents and exercised without notice settlor should convey as (t) Although it was formerly usual to insert in a conveyance made in In a concontemplation of marriage to trustees for sale covenants for title by the veyance before person conveying, as upon a sale by him, it is apprehended that, since marriage the Conveyancing Act, 1881, it is proper to make him convey not as beneficial owner, but as settlor, under which form a covenant for further settlor, not as assurance only will be implied. A person making a settlement may fairly beneficial object to make himself liable for the acts of his ancestors, as he would owner. under a vendor's covenants for title. OF LAND ON SALE IN CONVEYANCE 1884 (u), and it shall not be necessary for the said A. B. or C. D., when intending to make a lease under the statutory power, to give to the trustees of these presents, or their solicitor, any notice of his or her intention in that behalf pursuant to sect. 45 of the first-mentioned Act. AND IT IS HEREBY ALSO DECLARED, that (Provision as to appointment of new trustees, suprà, p. 271). TION OF MARRIAGE. IN WITNESS, &c. BY HUSBAND OF MONEY PRODUCED BY SALE OF REAL ESTATE AND BY INFANT WIFE OF PERSONALTY. Parties. No. XIII. SETTLEMENT on the part of the intended HUSBAND of the PROCEEDS of the sale of LAND conveyed upon TRUST for SALE by an Indenture of even date, and SETTLEMENT on the part of the intended WIFE who is an INFANT with the SANCTION of the COURT under the INFANT SETTLEMENT ACT (x), of PERSONAL estate in POSSESSION and REVERSION, including a share in the PROCEEDS of LAND directed to be sold; POWER to WIFE to settle part of TRUST FUNDS on a FUTURE MARRIAGE; PROVISION for settling OTHER PROPERTY, if any, of WIFE; POWER to invest in PURCHASE of LAND and to ELECT to take SHARE of land in LIEU of the SETTLED SHARE of the PROCEEDS of such land. POWER to LEND part of the trust money to the HUSBAND on his BOND, and on POLICY of ASSURANCE on his life. BETWEEN THIS INDENTURE, made the day of (u) See p. 248, suprà. It seems clear that sect. 7 of the Settled Land Act, 1884, can be negatived under sect. 57 of the Act of 1882. (x) See p. 255, suprà. OF MONEY PRODUCED BY SALE OF REAL ESTATE AND BY INFANT WIFE OF intended by husband trust to sell. I. K., of, &c. (trustees), of the third part: WHEREAS a marriage BY HUSBAND is intended shortly to be solemnized between the said A. B. and the said C. D.: AND WHEREAS by an indenture bearing even date with these presents and made between the same parties, the said A. B. has conveyed a messuage, farm, lands, and heredita- PERSONALTY. ments, known as the Farm, situate at, &c., unto and to the Recital of use of the said E. F., G. H., and I. K., in fee simple, upon marriage. trust, upon such request, or at such discretion as therein men- Conveyance tioned, to sell the same and to receive the moneys to arise from of freeholds such sale, and after paying and retaining thereout the costs and to trustees in expenses attending the sale, to stand possessed of the residue of the said moneys, upon the trusts and with and subject to the powers and provisions declared by an indenture therein referred to (meaning these presents), and upon further trust in the meantime, and until a sale, to permit the rents and profits of the said hereditaments to be received by the said A. B. and C. D. successively during their lives, and after the decease of the survivor of them, to stand possessed of the said rents and profits upon the trusts declared concerning the same by the said indenture therein referred to (meaning these presents): AND That wife will upon marriage WHEREAS the said C. D. will, upon her marriage, become be entitled to entitled to a sum of £2 per Cent. Consolidated Stock, stock. standing in the name of X. Y., the surviving executor of the will of P. Q., late of, &c., deceased, in the books of the Governor and Company of the Bank of England, and representing a legacy of £ sterling thereby bequeathed to the said C. D. AND WHEREAS under or by virtue of an indenture, That wife will dated, &c., and made, &c., (being the settlement made in con- become also templation of the marriage then intended, and shortly after- entitled to wards solemnized, between the said M. D. and N., his wife), share in sum of stock, and and a deed poll of appointment under the hands and seals of also in money the said M. D. and N., his wife, bearing even date with these sale of land. presents, the said C. D. will upon the solemnization of the said intended marriage, in case the same shall be solemnized before the expiration of twelve calendar months from the date of the said deed poll, become entitled in reversion expectant on the decease of the survivor of the said M. D. and N. his wife, to one moiety of the moneys, stocks, funds, and securities subject to the trusts of the said indenture of settlement, and which moneys, stocks, funds, and securities now consist of the following upon marriage reversionary to arise from OF MONEY PRODUCED BY ESTATE AND BY INFANT WIFE OF PERSONALTY. BY HUSBAND particulars (that is to say), the sum of £ India 3 per Cent. Stock, standing in the names of W. X. and Y. Z., SALE OF REAL the present trustees of the said indenture, and the moneys to arise from the sale of certain freehold lands and hereditaments situate at, &c., and which freehold hereditaments have been purchased with part of the moneys settled by the said indenture of settlement under a power in that behalf contained in the same Order of Court indenture: AND WHEREAS (2) by an order of the Chancery Division of the High Court of Justice made on the under Infant Settlement Act. day of 18-, in the matter of the Act passed in the 18th and 19th years of the reign of Her Majesty, chapter 43, the Court being of opinion that the settlement proposed to be effected by the indenture therein referred to, meaning these presents, is a proper settlement to be made in contemplation of the said marriage, has, pursuant to the said Act, sanctioned and approved of such settlement, and has ordered that the said C. D. be at liberty in contemplation of her said marriage to execute the same: Agreement for settlement. Witnessing part. Agreement by all parties that trust funds of the intended wife in trustees. (z) If the settlement is made without the sanction of the Court, the following will be substituted for the recital in the text and for article 1 :— AND WHEREAS upon the treaty for the said intended marriage it was agreed that such settlement should be made as hereinafter appears: NOW THIS INDENTURE WITNESSETH, that in consideration of the said intended marriage it is hereby agreed and declared between and by the parties hereto as follows: 1. THE said A. B. and C. D. and all other necessary parties shall, at the cost of the trust estate, cause and procure the said shall be vested sum of £2 per Cent. Consolidated Stock, and also the said moiety to which the said C. D. will, upon her said marriage, become entitled of and in the trust funds and property subject to the trusts of the said indenture of settlement of the day of, to be respectively transferred and paid to the said E. F., G. H., and I. K. (hereinafter called "the trustees"), as to the said Consolidated Stock, so soon as conveniently can be after the solemnization of the said intended marriage, and as to the said reversionary moiety, when and so soon as the same shall fall into possession. |