SETTLE MENTS. MARRIAGE. holds, Leaseholds, and Funds. nevertheless in trust for the said (intended husband) and his assigns, during the joint lives of himself and the said (father), and from and after the death of the said (intended. husband), in case the same shall happen during the joint lives of the said (father) and (intended wife), THEN IN Freeholds, CopyTRUST for the said (intended wife) and her assigns during the joint lives of herself and of the said (father), and from Money in the and after the death of the said (father), THEN TO THE USE of the said (intended husband) and his assigns during his natural life, and from and after his decease, THEN TO THE USE of the said (intended wife) and her assigns for her life, and from and after the decease of the survivor of them the said (intended husband) and (intended wife), THEN TO THE USE of the said (trustees) their heirs and assigns for ever, UPON TRUST, that in case there shall be issue of the body of the said (intended husband) on the body of the said (intended wife) to be begotten," &c. (as before). A Proviso, in case a younger Son shall become entitled to other Premises. coming entitled "PROVIDED ALSO, and it is hereby declared and agreed Shifting use on by and between the said parties to these presents, that in younger son case the second, third, fourth, or any other son or sons, to other estates. (save and except the youngest son) of the body of the said (intended husband) on the body of the said (intended wife) to be begotten, or the heir or heirs of the body or bodies of such second, third, fourth, or other son or sons, (except the youngest son), shall by the death and failure of issue of the first or any other son or sons of the body of the said (intended husband), on the body of the said (intended wife) to be begotten, be or become entitled to be in the actual possession, or in the receipt of the rents and profits of the said messuages or tenements, lands, and hereditaments in aforesaid, or any part thereof, in virtue of the limitations or trusts thereof hereinbefore contained, then, and in every such case, the use or trust, and estate of and in the afore SETTLE MENTS. MARRIAGE. holds, Lease holds, and Money in the Funds. in said messuages, farms, lands, tenements, and hereditaments hereinbefore limited to, or intended for the benefit of such son or sons, (save and except the youngest son), or the heir or heirs of his or their body or bodies, who Freeholds, Copy- shall or may so respectively happen to become entitled to the said messuages or tenements, lands, and hereditaments in , or any part thereof, shall from thenceforth cease, determine, and become void to all intents and purposes, as if such son or sons, or his or their issue respectively becoming entitled as aforesaid, was or were respectively dead without issue, and then and in such case, and so often as the same shall happen, the said messuages, farms, lands tenements, and hereditaments in aforesaid, or so much thereof as shall not be disposed of under the trusts aforesaid, shall go over and remain unto and for the benefit of the person and persons who, by virtue of these presents, and according to the true intent and meaning thereof, would be next entitled to take and enjoy the said hereditaments last mentioned, in case such son or sons of the said (intended husband) and (intended wife), or his or their respective issue, so as aforesaid, becoming entitled to the said messuages or tenements, lands, and hereditaments in or any part or parts thereof, was or were dead without issue.” Covenant to leave wife a provision, good. Husband in Covenant by Husband to leave Wife a Sum of Money ifshe survive him. A covenant by the husband to leave his wife a sum of money, if she survive him, is good, and makes her a creditor under 13 Eliz. c. 5; see Rider v. Kidder, 10 Ves. jun. 360. If, therefore, it be agreed, that instead of the rents and profits of the settled estates, she shall be paid a sum of money equivalent to her portion, if she survive her husband, see ante, No. IV. p. 531, note; No. V. p. 574, n. (1). If the father of the intended wife be in trade, and he have copartnership. agreed to take the husband into copartnership, see ante, p. 676, note. No. VIII. Deed of Settlement on Separation between Husband and Wife, where a Provision is made for the Wife's Support out of Freehold Property (1). Variations where the Provision is secured out of Copy- Where out of Leaseholds. Where out of Money in the Funds. Where by Bond and Covenant only. Also where the Separation is in pursuance of an Agree- SETTLE MENTS. Separation. ration a settlement after mar (1) A deed of separation, where it contains a provision for Deed of sepathe wife or her children, is, as far as regards those objects, precisely in the nature of a settlement after marriage, and is ca- riage. pable of sustaining similar uses, trusts, and limitations: the student is, therefore, referred to the preceding deeds of settlement for various agreements and provisions which are introducible into a deed of separation; see ante, No. II. p. 281, et seq. in the margins, also p. 285, n. (2), likewise Ath. on Settlements, c. 26. * Where brevity is particularly desired, those parts of the Brevity. precedent within brackets may be omitted. SETTLE MENTS. Separation. Parties. Wife not bound by separation deed. Number of trustees. Separation made in pursuance of a marriage agree ment. of the first BETWEEN (the husband) of, &c. part, (the wife) of, &c. , wife of the said (husband) of the second part, and (the trustee) (1) of, &c. a trustee (2) named and appointed on the part of the said (wife) for the purposes hereinafter mentioned, of the third part. WHEREAS (3) various unhappy differences having long (1) As a wife is not bound by an agreement or deed of separation, Lord H. John v. Lady H. John, 11 Ves. 533, and as the husband cannot covenant with his wife, by reason of their legal unity, it is necessary to have a trustee party to the deed, as well to guarantee the performance on the part of the wife of her agreement with her husband, as to give the wife a remedy by means of her trustee for any breach of performance of the stipulations entered into by the husband for the benefit of the wife. Another reason for the intervention of a trustee is to make the terms binding on the husband, by reason of the consideration or benefit he receives from the covenant of the trustee to indemnify him against the debts of his wife, Stevens v. Oliver, 2 Brow. Ch. Ca. 90, King v. Brewer, ib. note, which he is by law bound to pay; and, with such indemnity, it will be good, and specifically decreed in equity even against creditors; see Legard v. Johnson, 3 Ves. 361, and post, p. 687, n. (1); but see also the doubts of Lord Hardwicke as to this in Fitzer v. Fitzer, 2 Atk. 514. (2) If the provision made for the wife be an annuity to be secured by the transfer of stock, or assignment of personal property, two trustees should be named in whom the property is to be vested; and see ante, No. VI. p. 581, n. (1). (3) If the event of a separation be provided for in the settlement made on the parties' marriage, such settlement may be here recited as follows: "AND WHEREAS by an indenture of settlement bearing date the day of which was in the year and made or expressed to be made between, &c. and purporting to be a settlement made on a marriage then intended between the said (husband) and the said subsisted between the said (husband) and (wife) his wife, they have mutually agreed to separate SETTLE MENTS. Separation. (wife) his now wife, the messuages, lands, tenements, and hereditaments therein and hereinafter particularly described, were conveyed and assured (in the event of the said marriage taking place) unto the use of the said (trustees) for the term of ninety-nine years, UPON TRUST that in case a separation should take place between the said (husband) and (wife) during their joint lives, A. B. and C. D. (trustees therein named) and the survivor of them, and the executors and administrators of such survivor, and their and his assigns, should, out of the rents, issues, and profits of the said hereditaments, during so long as they the said (husband) and (wife) his said wife, should live separately and apart from each other, raise and levy a clear yearly sum of £ of lawful and current money of England, in addition to an to her, and pay the same unto such person or persons as |