CHAP. II.

SEC. I.

Trusts for col

lecting debts.

much thereof as shall not have been disposed of under any of the powers aforesaid, unto the said [husband], his executors, administrators or assigns, for his or their own benefit,

In settlements or conveyances for the benefit of creditors, the following trust is in general necessary.

Upon and for the following trusts, intents and purposes, (that is to say,)

UPON TRUST, when and as soon as the same monies and premises, or any of them, shall become payable, to obtain payment thereof and thereout, in the first place, to pay and satisfy or retain the costs and expenses attending the preparing of these presents, and the execution of the trusts hereby declared; And, in the second place, to (state the intents and purposes for which the money is collected,) and, after all the aforesaid monies, interest, costs and expenses shall be wholly paid and satisfied, then,

IN TRUST,

of the said

to pay and transfer all such parts or so much
and premises hereby assigned, as shall

remain, after answering the same several purposes, unto
the said
his executors, administrators or as-

signs, for his and their own benefit:

And it is hereby agreed and declared, between and by the parties hereto, that the receipts in writing of the said

his executors, administrators or assigns, shall be sufficient and effectual discharges to any person or persons paying to him or them, pursuant to these presents, all or any part of the monies hereby assigned, or so much thereof respectively, as shall be thereby acknowledged to be received; And that the same person or persons, his, her or their heirs, executors, administrators or assigns, shall not afterwards be answerable or accountable for the loss, misapplication or non-application, or be in any ways obliged to see to the application of the monies in such receipts acknowledged to be received.

SECTION II.

Of the Settlement of Real Estate.

The settlement of a family estate, which is now of much less frequent occurence than formerly, and seldom resorted to except by noble families, or commoners of very large landed estate, will, with all its multifarious provisions be best understood by the careful examination of such a settlement (1). The following observations therefore will have reference rather to marriage than family settlements.

CHAP. II.

SEC. II.

of settlement of

In marriage settlements, lands are conveyed to trust- General form tees to the use of the husband and his heirs, or to the realty. uses declared in some former deed till the marriage, and after the marriage To the use of the husband for life, and from and after the determination of that estate by forfeiture or otherwise, in his lifetime, To the use of trustees and their heirs during his life, IN TRUST, to preserve the contingent uses after limited, and to prevent the same from being defeated or destroyed; And from and after the death of the husband, To the use, intent and purpose, that the wife shall receive a rent-charge for her life, in lieu and bar of dower; And from and after the decease of the husband, TO THE USE of trustees for a long term of years, for better securing the rent-charge, and also for raising portions for the younger children of the marriage; And from and after the expiration, or other sooner determination of the term, TO THE USE of the first and other sons of the marriage successively in tail general, remainder to the daughters of the marriage, as tenants in common, in tail, with cross remainders among them in tail, remainder to the husband in fee. Under a

(1) See Atk. Forms and Precedents in Conv., p. 487, where will be found a very copious sketch of a deed of this kind, which was drawn by Mr. Butler, and settled by Fearne.

CHAP. II.

SEC. II.

Limitations in strict settlement.

deed of this nature, the lands are said to be limited in
strict settlement, and the following is the technical
form in which these limitations are commonly expressed.
TO THE USE of the said
and his assigns, during

his natural life without impeachment of or for any manner
of waste, and immediately from and after the determination
of that estate by forfeiture or otherwise, in the lifetime of
the said
, TO THE USE of the said [trustees
to preserve contingent remainders], their heirs and assigns
during the natural life of the said

UPON TRUST to support the contingent uses and estates hereinafter limited from being defeated or destroyed, and for that purpose to make entries and bring actions as occasion may require, but to permit the said and his assigns, to receive and take the rents and profits of the said premises during his life, for his and their own benefit, And immediately from and after the decease of the said

TO THE said

USE of the first (1) son of the body of the lawfully begotten, and the heirs of the body And for want of such issue

of such first son issuing,

TO THE USE of the second and every other son of the body of the said lawfully to be begotten, severally successively and in remainders one after the other, in order and course as such sons shall respectively be in priority of birth, and the heirs of the body and respective bodies of such son and sons issuing; every elder such son and the heirs of his and their body and respective bodies, being always to take before, and be preferred to every younger of such sons and the heirs of his and their body and respective bodies issuing, And, for want of such issue

TO THE USE of all and every the daughter and daughters of the said , lawfully bogotten, equally to be divided between them if more than one, as tenants in common, and the heirs of their respective bodies issuing; And, in case there shall be a want of issue of the body or respective bodies of any such daughter or daughters, then, as

(1) Not confined strictly to primogeniture, but, he failing, second born may take.-Lomax v. Holmden, 1 Ves. Sen. 290.

to the part or parts, share or shares, as well original as by survivorship, or survivor of such of them whose issue shall so fail,

TO THE USE of the remaining or other or others of such daughters, equally to be divided between them, if more than one, as tenants in common, and the heirs of their respective bodies issuing; And in case there shall be a want of such issue of the bodies of all such daughters save one, or if there shall be but one daughter then,

TO THE USE of such remaining or only daughter, and the heirs of her body issuing; And for want of such issue,—

CHAP 11.

SECT. II.

tations in strict

Under these limitations, the husband is seised in fee, Effect of limior is in of his old estate, until the marriage, and this is settlement. done to prevent the limitations to the wife taking effect, and the estate being fettered, in case the marriage should go off. Upon them arriage, that estate in fee ceases, and out of the seisin of the trustees to uses an estate for life springs up to the husband. If he, by making a feoffment in fee, levying a fine, or suffering a recovery, forfeit his estate for life, (for any of these acts would be a forfeiture) an estate in remainder would immediately spring up to the trustees, who are interposed, as the limitation expresses, to preserve contingent remainders to his children. If the tenant for life wish to make a security out of his life estate, without a forfeiture, he should either convey by lease and release, or by feoffment for and during the term of his natural life, or make a demise for a term if he shall so long live.

the tenant for

Where the uses are intended to be such as before Forfeiture by stated, if there were no trustees to preserve contingent life. remainders, and the father should, before the birth of a child, commit a forfeiture, the consequence would be,

G

CHAP. II.
SECT. II.

The jointureannuity.

that the property being severed, the contingent remain-
ders must fail, and the father would then regain the
estate discharged from all the uses of the settlement,
save the jointure annuity to his wife, and the portions
to his
younger children, and the term to secure them.
But although the trustees to preserve might be obliged
to bring an ejectment (which, in general, may be done
where a right of entry accrues) to get into possession of
the estate, they must afterwards, under the express words
of their trust, permit the rents to be received by the
husband, during his life, their interference being merely
necessary to preserve the contingent remainders (1).

On the death of the husband, the jointure-annuity to the wife takes effect, and the estate charged with that annuity vests in the eldest son of the marriage in tail, but subject to the trust-term for raising younger children's portions when necessary to be made use of; and the eldest son, on attaining twenty-one, may, without the concurrence of any other person, (as, upon the death of the father, the freehold became vested in him) make a tenant to the præcipe, suffer a common recovery, and bar all the subsequent remainders to his brothers and sisters, and also the reversion or remainder in fee, to his father, who may happen to have aliened or devised it, so that it may not have descended.

But the jointure annuity and the term for raising younger children's portions, being both precedent in point of limitation to the estate tail, are not affected by the recovery; and even in a case where such a

(1) Any vested estate of freehold, subsequent to the husband's life estate, would preserve the contingent remainders; as, for instance, a life estate to the wife. Where the legal estate is vested in trustees, a contingent remainder does not require any estate to support it. The estate supporting, and the remainder supported, should be created by the same deed.