SETTLE- Settlement of (Concise Form.) assurance. and deeds] (1). AND further, that he the said (intended husband) and his heirs, and all and every MARRIAGE. person and persons now or at any time hereafter, lawfully, equitably, or rightfully claiming or posFreeholds sessing any estate, right, title, or interest, at law or in equity, in, to, out of, upon, or respecting And for further the (2) hereditaments and premises hereby granted and released (3), or mentioned or intended so to be, or any of them, or any part thereof, from, through, under, or in trust for him, them, or any or either of them, or any of the ancestors of the said (intended husband) (4), other than any person or persons claiming, or entitled under or by virtue of any leases, or agreements for leases now subsisting, or hereafter to be granted in pursuance of the powers herein contained, so far as respects their several estates and interests under or by virtue of the same, shall and will from time to time, and at all times after the solemnization of the said intended marriage, at the request of Copyholds. Moiety, &c. Remainder, &c. (1) If part of the estate be copyhold, add, "And the customary fines, heriots, rents, and services respectively aforesaid, to become due or payable for or in respect of the said premises, or any of them." (2) If the settlement be of a moiety or other portion only of the estate, see ante, No. II. p. 385, n. (2). If of a remainder or reversion, see ibid. (3) If part of the premises be copyhold, add, "And covenanted to be surrendered respectively." (4) If the intended husband took otherwise than by descent, see ante, p. 471, n. (1). the said (trustees) or of the survivor of them, or of the heirs, executors, or administrators of the survivor, or their or his assigns, or other person or persons for the time being entitled to the said hereditaments, or the rents, issues, or profits thereof, or any part thereof, under or by virtue of these presents, but at the costs and charges of him the said (intended husband) his executors or administrators, make, do, acknowledge, levy, suffer, execute, and perfect, [or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected, with all due expedition] all and every such further and other lawful and reasonable act and acts, deeds, conveyances, and assurances, (with usual and other proper covenants) and other matters and things whatsoever, [be the same by fine or fines, with or without proclamations, common recovery or common recoveries, deed or deeds enrolled or not enrolled, feoffment, release, confirmation, declaration or limitation, of or to any use or uses, or other assurance or assurances, of record or not of record] for the further, better, more perfectly, fully and absolutely, or satisfactorily granting, releasing, conveying, confirming, and assuring the same hereditaments and premises, [and every or any part or parcel thereof, and the possession, reversion, and inheritance of the same, with their and every of their rights, members, and appurtenances,] unto the said (trustees) or other the trustees or trustee for the time being for the preservation of contingent remainders, and their heirs, for the uses, SETTLE MENTS. MARRIAGE. Settlement of Freeholds. (Concise Form.) SETTLE- MARRIAGE. Settlement of Freeholds. (Concise Form.) That in case of sale the in will join. upon the trusts, and to and for the ends, intents, and purposes, and with, under, and subject to the powers, provisos, declarations, and agreements hereinbefore declared or expressed concerning the same respectively, or such of them as shall be then subsisting and capable of taking effect, or as nearly thereto as the deaths of parties, the change of interests, and other intervening circumstances will admit, as by them the said trustees, or the person or persons who for the time being shall be so entitled as aforesaid, or his, their, or any of their counsel in the law, being of the degree of a barrister, shall be reasonably advised and required. AND also, that in case the said hereditaments and tended husband premises, or any part or parts thereof, shall be sold, mortgaged, exchanged, or otherwise disposed of in pursuance of the trusts hereinbefore declared for that purpose, he the said (intended husband) and his heirs shall and will, at the cost and expense of the person or persons requiring the same, join and concur in such sale, mortgage, exchange, or other disposition, and do and execute all such conveyances and assurances, and other acts, matters, and things as shall be reasonably advised and required for carrying the same, or any of them, into effect, [so that no such conveyance or assurance contain or imply any further or other warranty, or more general covenants, on the part of the person or persons who shall be required to make or execute the same, than for or against the acts, deeds, omissions, or defaults of him or them, and of his or their heirs, executors, SETTLE MENTS. MARRIAGE. Settlement of Freeholds. (Concise Form.) or administrators, and so that he or they be not obliged to go from his or their then place or respective places of abode, without a reasonable and sufficient sum being previously paid, tendered, or secured to him or them, for or in respect of his or their time, trouble, and expenses.] PROVIDED ALWAYS nevertheless, and it is hereby agreed and declared that the joining and concurrence of him the said (intended husband) or his heirs, in any such sale, mortgage, exchange, conveyance, assurance, or disposition, shall not in any wise be deemed essential or necessary to perfect the title of the purchaser or purchasers of the said premises, or other person or persons taking the same, or any estate or interest therein, or any part thereof, but only for the greater satisfaction of him, her, or them, if required. [AND lastly, it is hereby Declaration agreed and declared by and between the several that outstand ing terms shall parties hereto, that all and singular the person or persons who now are, or is, or hereafter shall or may be, seised or possessed of any estate or estates, term or terms of years, or other outstanding interests in all or any of the lands or hereditaments hereby granted and released, or otherwise assured respectively, and his, her, and their heirs, executors, and administrators, shall at all times hereafter during the residue of such estates, terms, and interests respectively, be seised, possessed, and interested therein and thereof, IN TRUST to attend the uses and limitations hereby created or declared, of or concerning the same lands and hereditaments, for the purpose of protecting the same from and against all mesne and subsequent attend, &c. SETTLE MENTS. MARRIAGE. Settlement of Freeholds. (Concise Form.) Covenant by husband to per and dispose of her parapher nalia. incumbrances, if any such there be.] AND LASTLY, that he the said (intended husband) his executors and administrators, shall and will at all times after the solemnization of the said intended marriage, permit and suffer the said (intended wife) to retain, possess, and enjoy all and singular her jewels, watches, rings, necklaces, trinkets, and ornaments mit wife to have of her person, and other her paraphernalia whatsoever; and also at her own discretion and according to her own free will and pleasure, and for her own separate use and benefit, or otherwise, to sell, exchange, give, or dispose of the same, or any of them, at any time or times during her life, and to give and bequeath the same, or any of them, by her last will and testament in writing (1), or any codicil or codicils thereto, or any writing purporting to be or in the nature of her last will and testament, or any codicil or codicils thereto, to be by her signed and published in the presence of and attested by two or more credible witnesses, to any person or persons whomsoever, and to name and appoint any executor or executors, executrix or executrixes of or concerning the same, without any hinderance, interruption, or interference, or claim or demand whatsoever of him the said (intended husband) his executors, administrators, or assigns, or any other person or persons by or with his or their order, Wife cannot make a will without con sent. (1) A feme covert cannot make a will even to dispose of her paraphernalia without the consent of her husband, unless this power be expressly reserved to her on her marriage; Graham v. Londonderry, 3 Atk. 393. |