SETTLE MENTS. No. II. Settlement of Freehold Lands, &c. the Estate of the Variations where part or the whole is the Estate of the Where part of the Estate is Copyhold. Where part is Leasehold. Where the Estate is settled by the Father of the Hus- Where the Owner is Tenant in Tail or for Life. Where the Owner is possessed of a Moiety or other Por- Where he is entitled in Remainder or Reversion. Where he took the Estate to himself and a Trustee to Where the Settlement is after Marriage, either singly or MARRIAGE. Settlement of THIS INDENTURE of parts, made the (1) By strict settlement is meant a settlement so framed as Strict settleto put it out of the power of the parents to bar their issue, by ment. fine or recovery; the usual plan of which is to limit the estate to the use of the husband for his life, remainders to trustees to support contingent estates, remainder to his wife for life; remainder to other trustees for raising portions for younger chil MENTS. MARRIAGE. Settlement of Freeholds. (Full Form.) year of the reign BE &c. and in the year of our Lord dren; remainder to the first and other sons in tail; remainder to the daughters as tenants in common, with cross remainders between them on any of them dying before they attain a vested interest in the estate; remainder to the husband in fee.-In which case, the issue are held to take their estate by purchase, i. e. as claiming their provision in the capacity of purchasers for a valuable consideration, without any power of the parents or the trustees to defeat it; for although the trustees for preserving contingent remainders may destroy them by joining with the parent in a conveyance for that purpose, yet they will be compellable by the Court of Chancery, on a suit instituted by the person claiming under those remainders, to purchase lands with their own money, of equal value to the lands sold by them, and to hold them upon the same trusts and limitations as they held the other, if they sold without the purchaser having notice of the limitations, and for a valuable consideration; and if with such notice, or without a proper consideration, the purchaser will hold the lands subject to the trusts of the settlement. (1) If the father of the intended husband be tenant for life of the estate, and his son tenant in tail under a former settlement, (which are very usual circumstances) make the father, (and if the estate proceed from the mother, and she be tenant for life, the mother also) of the first part; the father or guardian of the intended wife, (if she be under age) of the second part; the husband, of the third part; the intended wife, of the fourth part; the trustees for preserving contingent remainders, of the fifth part; the tenant to the præcipe for suffering a recovery, of the sixth part; the demandant, of the seventh part; the trustees for the husband (if there be separate trustees for the husband and wife) of the eighth part; and the trustees for the wife, of the ninth part. third part, (trustees for wife's pin money) of, &c. SETTLE MENTS. of the fourth part, and (trustees for terms of years for securing jointure and raising portions MARRIAGE. for younger children, &c.) (1) of, &c. of the fifth part. WHEREAS (2) a marriage is intended Settlement of to be shortly had and solemnised between the said (intended husband) and the said (intended wife). tended mar AND WHEREAS (3) the said (intended husband) is riage. (1) It is proper that the trustees for raising portions should Trustees for be different persons from those to preserve the remainders, as portions. the exercise of the power of entry, &c. given to these latter trustees, might merge the term vested in them for raising portions. Co. Lit. 338, b. note (4). So a forfeiture of the life estate would extinguish the term by occasioning a union of the term with an estate of freehold. articles. (2) If the settlement be made in pursuance of previous arti- Previous cles of agreement, it will be proper that such articles should be recited; and this is more particularly necessary, if the settlement be made after marriage in pursuance of such articles, in order to substantiate the settlement against subsequent creditors or purchasers, vid. Anon. Prec. Ch. 101. Dundass v. Dutens, 1 Ves. jun. 196; and to show its conformity to the articles, without which, it will, with respect to any variance, not be binding on third persons, see Senhouse v. Earl et Ux. Ambl. 288. Moore v. Magarth, 1 Cowp. 9. Doran v. Ross, 3 Brow. Ch. Ca. 27. Payne v. Collier, 1 Ves. 177. See such recital, post, rider (A). ther tenant for life. (3) Where the father is tenant for life, and the son tenant in Husband's fatail under a former marriage settlement, recite such settlement. " AND WHEREAS by an indenture of settlement bearing Recital of husdate the day of which was in the " band's father's year settlement. and made or expressed to be made between the said (father) of the first part, the said (mother) of the second part, and the said (trustees) of the third part, (or as the case was) purporting to be a settlement made upon the marriage of the said (father) with the said (mother); the SETTLE MENTS. MARRIAGE. Settlement of Freeholds. (Full Form.) Husband and his trustee. Tenant in tail. seised in his demesne as of fee, by descent from his ancestors, (or as the case may be) (1) of the several messuages, lands, tenements, and hereditaments hereinafter particularly described, were conveyed and assured unto the said (trustees) and their heirs to the use of the (father) and his assigns, for the term of his natural life, with remainder to the use of the said (mother) and her assigns, for the term of her natural life, with remainder to the said (trustees) and their heirs, IN TRUST to preserve contingent remainders, remainder TO THE USE of the first son of the body of the said (father) lawfully to be begotten on the body of the said (mother) and the heirs of his body in tail male, with divers remainders over. AND WHEREAS the said (intended husband) is the eldest son of the body of the said (father) by the said (mother). AND WHEREAS & marriage hath been agreed upon and is intended to be shortly had and solemnised between the said (intended husband) and the said (intended wife), and the said (father) hath agreed to join with the said (intended husband) in making a settlement upon the said (intended wife), and the issue of the said marriage, in the manner hereinafter expressed. NOW THIS INDENTURE WITNESSETH," &c. as above. (1) If the husband took the estate to himself and a trustee to prevent dower, recite here the deed by which it is so limited to him, stating the power of appointment nearly verbatim, as post, rider (B). If the husband be tenant in tail only of the premises, recite here the deed or will by which the estate tail was created, as, " AND WHEREAS, under or by virtue of certain indentures of lease and release bearing date respectively the and days of being of between," &c. of the last will and testament of , late of, &c. deceased, the said (husband) is seised to him, and the heirs of his body, of and in the several messuages, &c. hereinafter described.". several messuages, lands, tenements, and here- SETTLE- MENTS. Settlement of As upon the treaty for the said intended marriage, MARRIAGE. that in consi intended mar (1) If part of the estate be copyhold, add, "AND seised to him and his heirs according to the custom of the manor of , of the customary or copyhold lands and hereditaments hereinafter covenanted to be surrendered." Copyholds. settlement made (2) The consideration of marriage runs through the whole Marriage a good settlement, but more especially supports every provision with consideration for regard to the husband and wife, Nairn v. Prowse, 6 Ves. 752. previons to the Campion v. Cotton, 17 ib. 263; and so high a consideration is marriage. marriage esteemed, that it will support a settlement, if made previously to marriage, as well against subsequent purchasers as creditors, notwithstanding the statutes of 13 Eliz. c. 5, and 27 ib. c. 4. Reynell v. Peacock, 2 Roll. Ab. 185. Brown v. Jones, 1 Atk. 190. Brown v. Carter, 5 Ves. 862, and will even support a settlement of moveables; and neither the joint possession of furniture, nor the want of a schedule, nor the fact that the settler was indebted at the time, with knowledge of the wife, will affect the settlement, Campion v. Cotton, 17 Ves. jun. 263; 1 Atk. 190. Tyler v. Lyttleton, Brownl. 189, ante, p. 375, n. (13); nor will the circumstance of its having been procured by fraud and imposition (the wife not being privy) invalidate it, Barrow. Barrow, Dick. 504; and see ib. 84, 761. But in order to the validity of a settlement after marriage, Settlement after (unless in pursuance of articles entered into before the marriage,) marriage. 1 |