SETTLE-
MENTS.

MARRIAGE.

Settlement of Freeholds. (Full Form.)

lished, and declared by him in the presence of and to be attested by three or more credible witnesses, to charge all or any of the said lands and hereditaments with the payment of the same sum or sums of money, or any other sum or sums not exceeding in the whole the said sum of £ ; and for the better securing the payment of any such sum or sums of money, with lawful interest for the same, it shall be lawful for him the said (intended husband) by the same deed or deeds, instrument or instruments, will or wills, codicil or codicils, or by any other deed or deeds, instrument or instruments in writing, or codicil or codicils thereto, to be respectively executed and attested as aforesaid, to limit and appoint the lands and hereditaments so to be charged therewith, to any person or persons whomsoever, for any term or number of years whatsoever, so that the estate or estates so to be limited or created shall be made subject to redemption, on payment by the person or persons who shall be entitled to the hereditaments to be comprised in the said term or terms, immediately upon the determination thereof, of the money so to be borrowed and charged as aforesaid.”

SETTLE

MENTS.

(N.) General Power of Revocation of Uses. See ante, p. 394, n. (1).

"PROVIDED ALWAYS, and it is hereby further declared and agreed to be the true intent and meaning of these presents, and of the several directions, limitations, and appointments, and grants and releases hereinbefore contained, that it shall be lawful for the said (intended husband) and (intended wife) from time to time, and at any time or times hereafter, during their joint natural lives, by any deed or deeds, instrument or instruments in writing, under their hands and seals, to be by them sealed and delivered in the presence of and attested by two or more credible witnesses, jointly to change, vary, alter, or revoke (1), repeal, de

MARRIAGE.

Settlement of
Freeholds.
(Full Form.)

(1) At the common law, and before the statute of uses, no power of revocation could be annexed to a conveyance, by reason of its repugnancy to the preceding grant; see Co. Lit. 237, a.; and now by the 27th Eliz. c. 4, s. 5, perpetuated by 30 ib. c. 18, s. 3, it is enacted, that " every conveyance, gift, grant, demise, charge, limitation of use or assurance of, in, or out of any lands, tenements, or hereditaments, with any clause, provision, article, or condition of revoking, determining, or altering the same, at the free will and pleasure of the settler; and he shall afterwards sell, convey, or charge the said lands, tenements, or hereditaments to any person for money, or other good consideration (the said first conveyance, gift, grant, demise, charge, or limitation, not having been previously revoked or altered in pursuance of the power reserved by the said secret conveyance, assurance, gift, or grant), such former conveyance or assurance shall, against the vendees, lessees, or grantees, and others claiming under them, be void." This act, however, it is to be observed, extends only to voluntary conveyances and settlements made without any valuable consideration (as a settlement after marriage founded only on the moral duty of a husband to provide for his wife and children), unless such settle

SETTLE

MENTS.

MARRIAGE.

Settlement of

Freeholds. (Full Form.)

termine, or make void, all and every, or any of the uses,
trusts, estates, charges, powers, provisos, conditions, limita-
tions, declarations, and agreements in and by these presents
limited, declared, or expressed respectively, of and concern-
ing the said messuages, lands, tenements, hereditaments,
and premises granted and released as aforesaid, or any of
them, or any part thereof, except with respect to the two
several rent-charges of £
and £
before by these presents limited to the said (intended wife),
and the several powers and remedies hereinbefore contained,
or by law given or supplied for securing and recovering the
same respectively; and except also with respect to the said
two several terms of 99 years and 1000 years, hereinbefore
limited to the said (trustees for wife's pin-money) and (trus-

SO herein

ment be in pursuance of articles before marriage, and not to a settlement made prior to the marriage, the marriage itself being considered as a valuable consideration, so far as it provides for the wife and the issue of the marriage; Colville v. Parker, Cro. Jac. 158; Griffin v. Stanhope, ib. 454; Douglas v. Ward, 1 Ch. Ca. 29; Brown v. Jones, 1 Atk. 188; Nairne v. Prowse, 6 Ves. jun. 752; or the issue of a preceding marriage; Newstead v. Searles, 1 Atk. 265 In these, therefore, and other conveyances founded upon a bona fide and sufficient consideration, a power of revocation may be reserved without endangering the settlement: this power should not, however, be given at the simple will and pleasure of the settler, but with the assent of some person so interested, either beneficially or otherwise, as to be a check upon an arbitrary execution of the power; Buller v. Waterhouse, Sir T. Jones, 94; Cross v. Faustenditch, Cro. Jac. 180; Lavender v. Blackstone, 3 Keb. 526, 2 Lev. 146; Tarbach v. Marbury, 2 Vern. 510; without which, it should seem, from the above cited case of Buller v. Waterhouse, if it contain an arbitrary power of revocation, that it will be void against any subsequent purchasers, whether the settlement be valuable or voluntary; and see St. Saviour's case, Lane, 21, and Rob. Stat. Fraud. c. VI. p. 637; see also Doe dem. Bothwell v. Martyr, 1 New Rep. 382; Doe dem. Otley v. Manning, 9 East, 59; also Sugd. Vend. and Pur. c. XVI. p. 483; Sugd. on Pow. c. VIII,

NO. 11.]

tees for wife's jointure) respectively, their executors, administrators, and assigns, for the better securing the due payment of the same two several rent-charges respectively; and by the same or any other deed or deeds, instrument or instruments in writing, to be sealed, and delivered, and attested as last aforesaid, jointly to limit, declare, appoint, or create, any other use or uses, estate or estates, trust or trusts, charges, limitations, powers, provisos, conditions, or agreements of and concerning the same hereditaments and premises, or of any of them, or of any part thereof, as to them the said (intended husband) and (intended wife) shall seem fit; so nevertheless that no such revocation, alteration, or determination of the old uses or limitations, declarations, or appointment of new uses, do or shall in any wise prejudice or affect any sale, mortgage, disposition, lease, exchange, division, partition, or allotment, or other disposition which shall have been previously made of any of the said hereditaments or premises, pursuant to the uses, trusts, powers, declarations, or agreements, hereinbefore contained concerning or relative to the same."

439

SETTLE

MENTS.

MARRIAGE.

Settlement of Freeholds. (Full Form.)

Settlement of

Freeholds.

(Concise Form.) Marriage Settlement of Freehold Lands in a gene

ral and concise Form (1).

Variations where the Settler is seised to himself and a

Trustee for preventing Dower.

Other Variations as in Margin below (2).

Small estate.

(1) The preceding form, No. II. is adapted to the settlement of large estates designed to be continued in the family, by strict limitations, to as remote a period as possible, and at the same time to furnish such ample provisions for the wife, and the younger children of the marriage, as are deemed requisite in the higher stations of society; but as circumstances of this kind are comparatively of unfrequent occurrence, it has been thought proper to insert the form of a settlement of the same kind of property, adapted to the more ordinary situations of life, where a distribution of the settled estates for the equal support of all the issue of the marriage, after the decease of the parents, is very properly considered to be a more rational object than a regard to primogeniture.

(2) See also notes and variations to No. II, ante, p. 281, et seq.