may be seised or possessed of any estate of inheritance in possession, or for any other dowable estate or interest whatsoever (1).

NESS, &c.

SETTLE

MENTS.

IN WIT

MARRIAGE.

Money in the
Funds, &c.

(1) If it be intended that the provision for the wife shall not affect her title to dower, instead of the above declaration, insert here the variation subjoined to No. III. p. 490, note.

Settlement not to prejudice wife's title to dower.

*** See various other provisos, &c. which may be introduced Other provisos, where required by the agreement of the parties; ante-No. IV. &c. pp. 505, 525, et seq. and No. V. pp. 538, 575, et seq.

SETTLE

MENTS.

MARRIAGE.

Freeholds, Copyholds, Leaseholds, and Money in the Funds.

No. VII.

Marriage Settlement of Freehold, Copyhold, and Leasehold Property, together with Money in the Funds and other Personalty (1).

Variations where Part or the Whole of the settled
Estates is the Property of the Wife.

Where the Estate or Part (being Freehold or Copyhold)
is settled by the Father of the Husband or Wife.
Where the Owner is Tenant in Tail of the Freehold or
Copyhold Part.

Where he took the Freeholds to himself and a Trustee
to prevent Dower.

Where he is entitled to a Moiety or other Portion only

of the Estates, whether Freehold, Copyhold, or Leasehold.

Where he is entitled in Remainder or Reversion only.
Where the Leasehold Premises are holden for Lives or
for Years determinable upon Lives.

Where the Money in the Funds is a reversionary
Interest.

Where Part of the Property is Money outstanding
upon Mortgage or other Securities.

Where the Wife's Portion or a Part of it is secured to be paid at a future Time, &c.

THIS INDENTURE, of

day of

parts, made the

in the

year of the

Distinct settle

ment of each kind of property.

(1) Where the property to be settled is of very considerable value, and consists (as supposed in the above form) of estates

SETTLE-
MENTS.

MARRIAGE.

Freeholds, Coppyholds, LeaseMoney in the

holds, and

reign, &c. and in the year of our Lord BETWEEN (1) (the intended husband) of, &c. of the first part, (the intended wife) of, &c. of the second part (2), and (the trustees) (3) of, &c. , trustees named and appointed for the purposes hereinafter mentioned, of the third part. WHEREAS a marriage hath been agreed upon and is intended shortly to take place between the said Recital of in(intended husband) and the said (intended wife), riage. AND WHEREAS (4) the said (intended husband) is Recital of scisin seised in his demesne as of fee by descent of his copyholds.

Funds.

tended mar

of freeholds and

of various kinds, or of distinct family estates proceeding respectively from the husband and the wife, they are frequently, on failure of issue, limited apart from each other, in which case it is usual to settle the real and personal property, or the estates of the husband and of the wife, by separate instruments; but where the property is of less amount, and the whole settled in the same course, they are generally comprised in the same instrument. To which mode the above form is adapted.

(1) If the father of the intended husband or wife be a party Father a party. for the purpose of settling any part of the estate, or covenanting

to pay the wife's fortune at a future time, make him a party of

the first part.

in tail.

(2) If the husband be tenant in tail of the freehold lands Husband tenant intended to be settled, make the tenant to the præcipe a party of the third part, and the trustees of the fourth part.

trustees.

(3) It will be advisable, for the reason given in a preceding Number of note, that there should be at least three trustees appointed in regard to the money in the funds.

(4) Where the father is tenant for life, and the son tenant in Tenant in tail. tail under a former marriage settlement, recite such settlement,

as in No. II. p. 283, n. (2).

trustee.

If the husband took the estate to himself and a trustee to Husband and prevent dower, recite here the deed by which it is so limited to

SETTLE

MENTS.

MARRIAGE.

Freeholds, Copyholds, Lease

holds, and

Funds.

ancestors, of the freehold messuages, lands, tene-
ments, and hereditaments hereinafter described;
and seised to him and his heirs according to the
custom of the manor of
of the customary
or copyhold lands and hereditaments hereinafter

Money in the covenanted to be surrendered. AND WHEREAS by virtue of an indenture of demise or lease bearing

Recital of lease. date the

day of

which was in the year and made or expressed to be made between A. B. (the lessor) therein described, of the one part, and the said (intended husband) of the other part, the said (intended husband) is possessed of the several leasehold messuages or tenements, pieces or parcels of ground and premises hereinafter assigned (1) for the term of from the day of

of £

years,

(2), at the yearly rent and under and subject to the covenants and agreements therein contained (3).

Lease for years.

Lease for years determinable upon lives.

Husband an

assignee only.

him, stating the power of appointment nearly verbatim, as ante, p. 406. rider (B).

(1) If the lease be for a life or lives, say,

"For the term of the natural lives of (the nominees) of, &c. and the natural life of the longest liver of them, at the yearly rent of £ ," &c. as above.

(2) If the lease be determinable upon lives, say,

"For the term of

years from the

day of

, if (the nominees) therein named, or any or either

of them, shall so long live, at the yearly rent of
&c. as above.

(3) If the intended husband be an assignee only of the premises, recite here the assignment to him.

MENTS.

MARRIAGE.

AND WHEREAS the (intended husband) is entitled SETTLEto the sum of £ three per cent consolidated bank annuities (1). AND WHEREAS upon the treaty for the said intended marriage, it was agreed that the said several freehold, copyhold, and leasehold estates of him the said (intended husband), and also the said sum of £

three

Freeholds, Copy

holds, Lease Money in the

holds, and

stock.

Funds.

per cent. consolidated bank annuities, should be respectively settled, conveyed, and assured upon the trusts, aud in the manner hereinafter mentioned. AND WHEREAS in pursuance and part of transfer of performance of the said agreement, the said sum of £ three per cent. consolidated bank annuities, hath been this day transferred into the joint names of the said (trustees), in the books of the Governor and Company of the Bank of England kept for that purpose. Now THIS INDENTURE WITNESS, that WITNESSETH, that in pursuance of the said agree- of the marriage. ment, as to and in respect of the freehold hereditaments intended to be hereby settled, and in consideration of the said intended marriage, and for making a provision for the said (intended wife) in case the said marriage shall take effect,

in consideration

bank annuities.

(1) If the property intended to be settled consist of a re- Reversion in versionary interest in bank annuities, recite here the deed or will under which the settler claims.

If the wife's fortune or any part of it be secured by the bond Wife's portion of her father, recite here such bond, as ante, No. VI.

n. (2).

p. 581,

secured by bond.

If part of the property to be settled consist of money due Money due upon mortgage, recite the mortgage deed, as ante, No. VI. upon mortgage. p. 582, notes.

VOL. VII.

SS