Imatges de pàgina
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JUS NATURE.

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after last mentioned and contained, equally, share March 13; May 27, 1818. and share alike, the shares of sons to be interests "vested in them at their respective ages of twenty- ALIMENT.— one years, and of daughters at their respective-ENGLISH ages of eighteen years, or days of marriage, which SETTLEMENT, "shall first happen, and to be paid, assigned and transferred, at such respective days or times, if "the same shall happen after the death of the said Jane Anne Woolley, but if before, then immediately after her death; provided always, that if any such children shall die before his or their portion shall become vested as aforesaid, then and "in such case, the part or share, parts or shares of "her, him, or them so dying, shall go to the sur“vivor or survivors, and others of them equally be"tween or among them (if more than one), share "and share alike; and the same shall become vested "interests (if more than one), share and share alike, "and be paid and payable at the respective days " and times, and shall go in the same manner as is thereby provided and declared, touching his, her,

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or their original portion or portions, and such "condition or benefit or survivorship of accruer "shall extend as well to the surviving or accruing, "as to the original shares. That as to the right "and interest of the said Jane Anne Woolley of " and in the said freehold, copyhold, and leasehold estates, they shall hold them in trust, to sell and

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dispose of the same, either entirely or in parcels, "to any person or persons who shall be willing to "become the purchaser or purchasers thereof, for "the best price or prices that can or may be reasonably had or gotten for the same; and to lay out

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March 13;
May 27, 1818.

ALIMENT.

"and invest the money arising from such sale, in the purchase of such freehold or copyhold messuages, lands or tenements of inheritance, to be "situated in some part of England, as the said SETTLEMENT, "James Maidment and Jane Anne Woolley, during "their joint lives, and the survivor of them, shall

JUS NATURE.

-ENGLISH

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by note or writing under their or his or her hands or hand, testified by two credible witnesses, direct "and appoint, and to settle, convey, and assure the messuages, lands, and hereditaments so to be pur"chased, to the uses, upon the trusts, and to and "for the intents and purposes, and under and subject to the powers, provisions, declarations, and agreements herein-after mentioned, expressed, and "declared, of and concerning the same; that is to

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say, to the use of the said James Maidment and "his assigns, for and during the term of his natural "life, without impeachment of waste, with remain"der to trustees to preserve contingent remainders, "with remainder to the said Jane Anne Woolley,

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during the term of her natural life; WITH REMAIN

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DER to the use of the first son of the body of the "said James Maidment, or the body of the said "Jane Anne Woolley, lawfully to be begotten, and "the heirs of the body of such first son." And it is further agreed and declared, that in the mean "time, until the said freehold, leasehold, and copy"hold estates shall be sold and disposed of, in pur"suance of the trust herein-before contained, the "rents and profits of the same freehold, copyhold, and leasehold estates shall be received by the same persons as would be entitled to the rents and

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JUS NATURE.

"herein-before directed to be purchased, in case March 13; May 27, 1818. "the same was actually purchased and settled pursuant to the trust herein-before contained: ALIMENT.— "and it is hereby also declared and agreed, that "in the mean time, from and after such sale or SETTLEMENT, "sales of the said freehold, copyhold, and lease"hold estates, hereby directed to be made as

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aforesaid, and until the money to be produced "from such sale or sales shall be laid out and in"vested in such purchase or purchases as herein-be"fore directed, the same shall be laid out and in"vested in or upon government, or real securities, "at interest in the said county of Middlesex, in the

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names of the said Jacob Caseneuve Troy, Thomas "Lomas, Richard Burton, and Robert Withey, and "the interest to be produced therefrom, to be paid "and applied to the same persons, and in the same

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proportion and manner as the rents and profits of "the freehold and copyhold estates, so to be pur"chased as aforesaid, would be payable or applicable "to, in case the same were actually purchased and "settled pursuant to the trust herein-before con"tained." It is therefore declared," that it shall "and may be lawful to and for the said trustees, for "the time being, by the direction of the said Jane "Anne Woolley in her life-time, signed by writing "under her hand, attested by two credible witnesses, "and for them after her decease, if they shall think "fit to sell and dispose of, and apply a reasonable part of the moneys, stocks, funds, and securities

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hereby provided for the portion or portions of any "such child or children, being a son or sons, not exceeding the sum of two hundred pounds sterling,

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-ENGLISH

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March 13;

May 27, 1818,

ALIMENT.

JUS NATURE.

-ENGLISH

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"for placing out such son or sons, in any profession, business, employment, or for his or their portions, "which shall not have become vested or payable." The marriage contemplated in these articles was SETTLEMENT, solemnized: and Mr. Maidment, the Respondent's father, in obedience to an order from the Court of Chancery, executed an endorsement on them, by which, on the 22d July, 1793, "he assigned,' "transferred, and set over to the before-named

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Jacob Caseneuve Troy, Thomas Lomas, Richard "Burton, and Robert Withey, and the survivors "and survivor of them, and the executors, admini"strators, and assigns of such survivor, all the right, "share, and interest, which I, the said James Maid"ment, have, in the several respective funds, whe"ther vested or contingent, and mentioned in the "within indenture, to, for, and upon the several respective trusts, intents, and purposes, in the said "indenture particularly mentioned, expressed and "contained."

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James Maidment the father had no property when he married, and the family was maintained out of the mother's property the subject of the above settlement, by which her interest in the property was made only a life interest, when she would, otherwise, have had the whole, which by the settlement or articles was given, upon her decease, to her children. James Maidment, the Respondent, was the eldest son of the marriage. The father died in 1804, and in 1814 the mother, residing in Scotland, married Captain Landers. A short time before this the Respondent went into the office of a clerk to the signet, to acquire a knowledge of the

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JUS NATURE.

-ENGLISH

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practical part of business, with a view to the pro- March 13; May 27, 1818. fession of an advocate; and his mother advanced 100% to the signet clerk on that occasion. The ALIMENT.son asserted that the mother had advised this step, which she denied. After her marriage with Captain SETTLEMENT, Landers, he applied to her for a fixed settlement, or an undertaking to pay him, out of her life interest, a certain annual sum for his maintenance and education. The mother professed that she had maintained him in her house, and made him occasional advances, which she was willing to continue to the extent of her ability, but refused to comply with the above request. The son, in 1815, being then of the age of majority, brought an action in the Court of Session against his mother for aliment, stating in his summons two distinct grounds; 1st, that aliment is due from a mother to her child super jure naturæ; 2dly, that as life-rentrix of the property, she was bound to aliment the fiar. A third ground, suggested from the Bench, was afterwards insisted upon, that the mother, by engaging her son in a profession, by which he could not support himself, came under a quasi obligation to aliment and support him. The summons concluded, "That "the said Mrs. Jane Anne Woolley, alias Maid"ment, alias Landers, his mother, and Captain "Thomas Landers, her present husband, for his "interest, ought and should be decerned and or"dained by the decree of the Lords of our Council "and Session, to make payment to the Pursuer of "the sum of 2001. sterling, annually; or of such "other sum, less or more as our said Lords shall "think a reasonable allowance for his maintenance

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