Imatges de pàgina
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SETTLE

MENTS.

pœnæ.

present proviso or agreement) shall from thenceforth cease, be void, and of none effect, in like manner as if the same had not been made, any Separation. thing hereinbefore contained to the contrary thereof in anywise notwithstanding, and the same and every counterpart thereof, if any, shall be forthwith cancelled and destroyed. {AND for the Nomine prena. due observance and performance of the covenants, stipulations, and agreements herein contained on the part of the said (husband) her husband, to be observed and performed, he the said (husband) doth hereby bind himself, his heirs, executors, and administrators, unto the said (trustee) his executors, administrators, and assigns, in the penal sum of £

of lawful current money

of England; and for the due performance of the
covenants, stipulations, and agreements herein-
before contained on the part of the said (wife) to
be observed and performed, he the said (trustee)
doth hereby bind himself, his heirs, executors, and
administrators, unto the said (husband) his exe-
cutors, administrators, and assigns, in the penal
sum of £
of like lawful and current
money (1), with interest for the said sum after the
rate of five pounds per cent. per annum, until the
same shall be paid (2).} IN WITNESS, &c.

trustees.

(1) If there be more trustees than one, add a proviso for fill- Two or more ing up the vacancies occasioned by death, resignation, &c. and the usual indemnifications, as in ante, No. IV. p. 448, V. p. 574, or VI. p. 615, according to the nature of the property settled. (2) If it be intended, by reason of the property being the Wife's settle

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SETTLE-
MENTS.

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Registry.

wife's, or its being so agreed, that the settlement should not affect the wife's title under her settlement, say,

"PROVIDED ALWAYS, and it is hereby agreed and declared by and between the said (husband) and the said (trustee) on the part and behalf of the said (wife) that these presents, or any thing herein contained, shall not alter, vary, or in any wise affect the settlement or provisions made previously to and in contemplation of the marriage between them the said (husband) and (wife) in the event of her surviving her said husband, but the same shall be in full and like effect and operation, in all things, as if these presents had not been made."

**This deed, although it contain the grant of a life annuity, need not be memorialized under the late annuity act of 53 Geo. III. c. 141; and see sec. 10 of that act.

SETTLE

MENTS.

(A) Appointment by a Wife of Part of a Rent-Charge, in pursuance of a Power, to her Husband on a Separation; the Rest of her Property to be at her own Disposal. (See ante, p. 690, n. (1).)

After reciting the deed by which the power is reserved and the agreement of appointment, &c. add,

Separation.

wife of a rent

charge.

"NOW THIS INDENTURE [FURTHER] WITNESSETH, that Appointment by she the said (wife) by virtue and in exercise of the power of appointment to her given or reserved by the said in part recited indenture or deed of settlement, and by virtue and in exercise of every other power and authority her in that behalf in any wise enabling, DoтH by this present deed, or instrument in writing, by her sealed and delivered in the presence of the two credible persons whose names are hereupon indorsed as witnesses attesting the execution hereof by her the said (wife), direct and appoint, that the trustees and trustee for the time being of the said in part recited indenture or deed of settlement shall by, with, and out of the said annuity or yearly sum of £ , pay unto the said

(husband) and his assigns, during the term of his natural life,

an annuity or clear yearly sum of £ payments, on the

of

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by equal quarterly

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in each and every year, without making any deduction or abatement thereout whatsoever, the first payment thereof to begin and be made on the of next ensuing the day of the date of these presents. AND THIS INDENTURE FURTHER WITNESSETH, that in consideration of the appointment hereinbefore made, HE the said (husband) for himself, his heirs, executors, and administrators, Dоти hereby covenant, promise, and agree to and with the said (trustee) his executors and administrators, that all the clothes, monies, jewels, furniture, and ornaments of the person of the said (wife) and all other personal estate

Personal estate retained by her.

of wife to be

SETTLE-
MENTS..

Separation.

and effects of what nature or kind soever now belonging, or at any time hereafter to belong to the said (wife), and all savings to be acquired from the residue of her separate estate, and all such sums of money and personal estate as she the said (wife) or the said (husband) in her right shall or may at any time or times during the said separation acquire or become entitled to at law or in equity by purchase, gift, will, intestacy, or otherwise, shall be the sole and separate property of the said (wife), and that it shall and may be lawful for her the said (wife) to manage, order, sell, dispose of, and use the same, in such manner, to all intents and purposes, as if she were a feme sole and unmarried; and that the said (husband) shall and will permit and suffer any will or codicil of the said (wife) of or affecting her separate estate to be proved in any ecclesiastical court, and shall not obstruct any executor or executrix whom she may appoint, in the probate or execution thereof, and that all and every person and persons unto whom she the said (wife) shall, by such her will or codicil, bequeath her said separate estate, or any part thereof, shall and may, at all times thereafter, peaceably and quietly have, hold, receive, take, and enjoy the same, without any molestation, hindrance, or interruption whatsoever, from or by him the said (husband) his executors or administrators, or from or by any person or persons whomsoever, claiming, or to claim, through or under him or them, or through or under his or their means, privity, or procurement, and that he the said (husband) shall and will from time to time, at the request of the said (wife) and at the costs and charges of her separate estate, make, do, and execute all such reasonable acts, deeds, assignments, and assurances in the law, as the counsel of the said (wife) shall advise for assigning and assuring all her separate estate (subject to the said annuity or yearly sum of £ hereby appointed to her as aforesaid) to and vesting the same in such person or persons, upon and for such trusts, intents, and purposes, and in such manner and form as the said (wife) shall from time to time during the said separation (notwithstanding her coverture) direct or appoint,

SETTLE

MENTS.

Separation.

nistration, and

AND also that he the said (husband), in case he shall survive the said (wife) and shall be required so to do, shall and will renounce letters of administration; and also release all his right to her separate estate, save only and except the said annuity or yearly sum of £ during his life, in favour Husband will of the person or persons who shall be entitled thereto, renounce admiunder any gift, disposition, appointment, or bequest of the release. said (wife) and that the receipt or receipts of the said (wife) shall, notwithstanding her coverture, be, from time to time, and at all times, a good, valid, and sufficient release and discharge for any sum or sums of money paid, and for any goods, chattels, or other personal estate delivered to her the said (wife) for and included in her separate estate. AND Husband apthe said (husband) doth hereby make, ordain, nominate, attorney. points wife his constitute, and appoint, and in his place and stead put and depute the said (wife) his true and lawful attorney, for him, and in his name, or otherwise (but at the costs and charges of the separate estate of her the said (wife),) to commence, and prosecute, and also to appear to and defend all and every or any actions or action, suit or suits, at law or in equity, touching, or in anywise concerning her separate estate, or touching, or in anywise concerning the personal estate or effects of the said (her father) deceased, or the executorship of his said last will and testament. AND Further assurhe the said (husband) doth hereby further covenant, pro- band. mise, and agree to and with the said (trustee) his executors, administrators, and assigns, that he the said (husband) shall and will from time to time, and at all times hereafter, at the request of the said (wife), or of him the said (trustee) his executors, administrators, or assigns, but at such costs and charges as lastly aforesaid, make, do, and execute, or cause or procure to be made, done, and executed, all such further acts and things whatsoever, or give and execute unto the said (wife) all such further powers and authorities, for the better and more effectually authorising and enabling her to commence, and prosecute, and also to appear unto and defend all and every or any such actions or action, suits or suit as aforesaid, and to do, perform, and execute all such

ance by hus

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