SETTLE- that in, &c. (add power of appointing new trustees, and usual clauses for their indemnity, &c. (1). IN MARRIAGE. WITNESS, &c. Leaseholds. Covenant by the lady's father to take husband into partnership. the manner hereinbefore mentioned, and for that purpose shall make the same a lien or charge upon the whole, or a sufficient part of the real and personal estates of him the said (intended husband), with proper and effectual powers and remedies for recovering the same.” If the father of the intended wife be in trade, and he have agreed to take the husband into copartnership, add, for the term of years "AND the said (wife's father) in consideration of the said intended marriage, and of the affection he bears to his said daughter, doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree, with and to the said (intended husband) his executors, administrators, and assigns, that in case the said intended marriage shall take effect, he the said (wife's father) shall and will, on or before the day of next ensuing the date of these presents, admit and take the said (intended husband) as copartner in trade with him the said (wife's father) in his business or profession of thence next following; and allow and make over to the said (intended husband) one moiety or half part of and in the same profession or business accordingly, and the proceeds and gains thereof, under and subject to such terms, conditions, and stipulations, as are usual between copartners in the like profession or business; and in case of difference between them the said (wife's father) and (intended husband), then upon and subject to such terms, conditions, and stipulations as shall be agreed upon by three arbitrators to be made by them respectively in the usual course of reference to arbitration.” (1) See ante, p. 389, for full, and p. 481 for concise forms. (A) If the wife's future property is to be settled, add, (ante, p. 567), "AND THIS INDENTURE FURTHER WITNESSETH, and it is hereby further declared and agreed by and between all the said parties to these presents, as far as they are respectively interested, and particularly the said (intended husband) for himself, his heirs, executors, and administrators, doth hereby covenant, agree, and declare, to and with the said (trustees) their executors, administrators, and assigns, in the manner following, (that is to say) that all and singular the lands, tenements, hereditaments, and real estates, and also all and every sum and sums of money, legacies, goods, and chattels, and personal estate of every nature and kind soever, which shall at any time or times during the said intended marriage, descend, devolve, or come to the said (intended wife), or to the said (intended husband) in her right, under or by the last will and testament of her father or mother, or any codicil or codicils thereto, or by reason of the decease of her father or mother intestate, shall from time to time be by him the said (intended husband), either alone or together with the said (intended wife), as the case may require, be conveyed, assigned, transferred, paid, and made over unto and to the use of the said (trustees) or other the trustees or trustee under these presents, their and his heirs, executors, or administrators, according to the nature or quality of the said property respectively, upon trust that they the same trustees or trustee respectively, and the heirs, executors, or administrators of the survivor of them, and their or his assigns, do and shall convey, assign, transfer, pay, and make over the same respectively to such person or persons, for such estate or estates, upon such trusts, and to and for such ends, intents, and purposes, and with, under, and subject to such powers, provisos, limitations, declarations, and agreements, and charged and chargeable with the payment of such annual or other sum or sums, and in such manner and form as she the said (intended wife), notwithstanding her cover SETTLE MENTS. MARRIAGE. Leaseholds. SETTLE- MARRIAGE. Leaseholds. ture, and whether covert or sole, by any deed or deeds, writing or writings, with or without power of revocation, to be by her sealed and delivered in the presence of, and attested by two or more credible witnesses, or by her last will and testament in writing, or any codicil or codicils thereto, or any writing purporting to be her last will and testament, or codicil or codicils thereto to be by her signed and published in the presence of three or more credible witnesses, shall direct or appoint; and in default of and in the meantime, and until such direction or appointment shall be made or take effect, and in case any such shall be made, then subject thereto, and when and as the estates and interests thereby directed or appointed, shall respectively end and determine, and as to such part or parts thereof whereof no such direction or appointment shall be made, upon trust that they the said trustees and trustee, the heirs, executors, or administrators of the survivor of them, and their and his assigns, shall stand and be seised, possessed of, and interested in the said lands, tenements, hereditaments, and real estate, and also the said sum and sums of money, legacies, goods and chattels, and personal estate, or so much of the same hereditaments and property respectively as shall not have been so directed, limited, or appointed by her the said (intended wife) as aforesaid, in trust for the sole use and benefit of her the said (intended wife) her heirs, executors, administrators, and assigns, according to the nature and quality of the same hereditaments and property respectively, and upon, to, or for no other trust, intent, or purpose whatsoever. AND it is hereby declared and agreed, that in the meantime, and until such direction, limitation, or appointment as is hereinbefore mentioned shall be made and take effect, the said trustees or trustee aforesaid shall receive and take all and singular the rents, issues, and profits, and interest, dividends, and proceeds thereof, and pay the same into the proper hands of her the said (intended wife) for her own sole and separate use and benefit, or into the hands of such person or persons as she shall by any writing signed by her, from time to time (notwithstanding her present or any future coverture) direct or appoint; and the same and every part thereof shall at all times be independent of him the said (intended husband), who shall not nor will intermeddle therewith, or with any part thereof, nor shall the same be subject or liable to his control, debts, or engagements, but the receipt and receipts of her the said (intended wife) or of such person or persons as she shall from time to time appoint to receive the same, or any part thereof, shall at all times and from time to time, notwithstanding her coverture, be a good and sufficient discharge for so much of the said rents, issues, and profits, interest, dividends, and proceeds, as shall therein or thereby be expressed or acknowledged to be received." SETTLE MENTS. MARRIAGE. Leaseholds. No. VI. Marriage Settlement of a present Interest in Variations where it is a reversionary Interest. Where the Wife's Portion or a part of it is secured to Personal pro a settlement. (1) Personal estate is so fluctuating in its nature, that it is perty subject to impossible to make every specific article the subject of settlement; Randall v. Willis, 5 Ves. jun. 274; but where it is of such a kind as to be capable of a definitive description, and has become a vested interest in the party, it may be made the subject of a family arrangement equally with property of a more permanent nature; and see ante, p. 538, n. (†). Notes and variations. Brevity. (2) For notes and variations to those parts of the above precedent to which none are added, see those subjoined to No. II. ante, p. 281, et seq. the variations ante, p. 489, et seq. and 525, et seq. If brevity be particularly desired, those parts of the pre-cedent within brackets may be omitted. |