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VIII.

TRUST of INCOME for the SEPARATE USE of a MAR

RIED WOMAN without Power of ANTICIPATION (a).

SETTLEMENTS.

AND do and shall during the joint lives of the said [husband] Trust for sepaand [wife] pay the dividends, interest, and annual proceeds of the rate use.

per Cent.

said sum of £- --, £-
Bank Annuities, and of
the monies to arise by the sale, transfer, or disposition thereof, or of
any part thereof, and of the stocks, funds, and securities in or upon
which the same monies, or any part thereof, may be invested to
the said [wife] for her sole and separate use, independently and
exclusively of the said [husband] and of his debts, control, inter-
ference, and engagements, and so that her receipts alone shall be
discharges for the same, and that she shall not have power to
deprive herself of the benefit thereof by sale, mortgage, charge,
or otherwise in the way of anticipation.

(a) See supra, p. 445.

IX

CLAUSES in a SETTLEMENT on the MARRIAGE of CLAUSES IN a DOMICILED SCOTCHMAN.

AND THE SAID [husband] doth hereby, for himself, his heirs, executors, and assigns, covenant with the said [trustees], or the survivors or survivor of them, or the executors or administrators of such survivor, that in case the said intended marriage shall take effect, and the said [wife] shall survive him the said [husband], then, and in such case, the heirs, executors, or administrators of him, the said [husband], shall and will, within one calendar month next after his decease, pay or cause to be paid the sum of £ sterling, clear of all deductions, to the said [wife], for mourning and aliment for herself and family, and for the expenses of her establishment for the period that may intervene betwixt his death and the time of the first half-yearly payment of

SETTLEMENT
OF A
SCOTCHMAN.

Covenant by the husband,

that if the wife survive him

his representatives shall pay her a certain

sum immehis death for diately after mourning and aliment;

CLAUSES IN SETTLEMENT

OF A SCOTCHMAN.

--and make

over to her his best carriage and horses; -and allow her, for twelve months after his death, to enjoy his mansion-house, plate, linen,

and furniture.

The aforesaid provisions to be in bar of the

wife's terce.

And the provisions made in

favour of the

children to be

in bar of their legitim.

Agreement

the said annual sum of £- hereinbefore provided for her becoming due; AND FURTHER, that the executors or administrators of him, the said [husband], do and shall, within one calendar month next after his decease, make over to the said [wife] the best carriage and best pair of horses that shall be belonging to him at the time of his death; AND FURTHER, that the heirs, executors, or administrators of him, the said [husband], shall permit and suffer the said [wife] to possess and enjoy, for the next twelve months after his death, all the plate, and bed and table linen that shall then be belonging to him, and for the same period, at the option of the said [wife], to occupy and possess either his town house and appurtenances, or such house in the country belonging to him, with the gardens and pleasure-grounds attached to such country-house as the said [wife] shall select, together with the furniture at his death being in such house, WHICH PROVISIONS herein before contained in favour of the said [wife], she, with the consent and approbation of her said mother, the said- -9 and of the said her eldest brother, has accepted and does hereby accept in full satisfaction to her of all terce of lands, third or half of the moveables, and every other claim or provision whatever, which she could by law ask or demand of and from the said [husband], his heirs and successors, by and through his decease, in case she survive him, and in full satisfaction of all that her heirs, executors, or next of kin could ask or claim from the said [husband] on any account whatever, by and through her predeceasing him; AND WHICH provisions hereinbefore written, in favour of the child or children of the intended marriage, are hereby made, and by the said [wife] in like manner, and with the consent and approbation aforesaid, accepted in full of all claim competent to the said child or children for legitim, portion natural, bairns part of gear, executry, or otherwise whatever, by and through the death of their father and mother, or either of them, excepting only what the said [husband] may think fit of his own good will further to provide and settle for and upon the said [wife], and the children of the said marriage (a): FINALLY, it

(a) The clauses in the text were lately settled by an eminent member of the Scotch bar, and are intended to bar the wife's right to terce, and all other share of her husband's estate, and to bar the children's right to legitim, and all other share of their father's estate. A clause to bar the wife's legitim, and all other share of her father's estate, will be found infra, Vol. IV. p. 404.

CLAUSES IN SETTLEMENT OF A

SCOTCHMAN.

is hereby contracted and agreed on, by and between the said parties, with the consent aforesaid, that although the said marriage shall happen to be dissolved by the death of either party within the space of a year and a day after the solemnization thereof, and without a living child having been procreated of the same, yet this present contract and whole provisions herein contained in favour of either of the said parties shall subsist and continue in full force and effect in the same manner as if the marriage had subsisted beyond a year and a day, or a living child had been procreated of without issue. the same, any law or custom to the contrary notwithstanding.

that the settlement shall hold good, notwithstanding the death of either party within a year and a day

X.

EXTRACT from WILL of PERSONAL Estate, declaring
TRUSTS of the RESIDUE for the Testator's CHILdren,
and the ISSUE of Children dying in his lifetime per
stirpes, AND IN DEFAULT of such Children and issue
* for other Persons named, or the Issue of any of them
dying in the Testator's lifetime. USUAL CLAUSES.

FOR TESTATOR'S

CHILDREN AND ISSUE, AND OTHERS.

In trust for testator's children attaining twenty-one years, or, being daughters, marrying, and

the like issue of children

AND DO AND SHALL stand and be possessed of and interested in the residue of the said monies: IN TRUST for all and every the child and children of my body living at my death, who, being a son or sons, shall attain the age of twenty-one years, or being a daughter or daughters, shall attain that age or marry, and such of the issue living at my death of any child or children of my body who shall have died in my lifetime, leaving issue living at my death, as, being a male or males, shall attain the age of twenty- dying in his one years, or, being a female or females, shall attain that marry, such child, children, and issue, if more than one, to take in equal shares per stirpes, so that the issue of child of my any body dying in my lifetime as aforesaid shall take only the share which the parent of such issue would have taken, if living at my death, and attaining the age of twenty-one years, or, being a daughter, attaining that age or marrying: AND IF there shall be no child of my body living at my death who, being a son, shall attain the age of twenty-one years, or being a daughter, shall

age or

lifetime, in equal shares per stirpes.

And in default

of such chil

dren and issue.

FOR TESTATOR'S CHILDREN

AND ISSUE, AND OTHERS.

In trust for three persons

named, and the

issue of any of them dying in the testator's lifetime, per stirpes.

Direction to invest monies

to which any children or issue may be entitled in expectancy:

-with power

to vary securities.

Maintenance clause.

attain that age or marry, and no issue of any child of my body dying in my lifetime as aforesaid, who shall be living at my death, and, being a male, shall attain the age of twenty-one years, or, being a female, shall attain that age or marry, then (except as to such parts, if any, of the said trust-monies as may have been ap

plied under the power of advancement hereinafter contained): IN TRUST for such of them, my said father, R. B., my said brother, W. B.. and my said sister, S. B., as shall be living at my death, and such of the issue living at my death of any of them, the said R. B., W. B., and S. B., who may have died in my lifetime, leaving issue living at my death, as, being a male or males, shall attain the age of twenty-one years, or, being a female or females, shall attain that age or marry, to take in equal shares per stirpes, so that the issue of any of them, the said R. B., W. B., and S. B., who may have died in my lifetime as aforesaid, shall take only the share which the parent of such issue would have taken, if living, at my death, and so that in the case of my said father, his issue by his second wife alone shall be entitled under this present bequest: AND I HEREBY declare my will to be, that all and every the monies to which any child, children, or issue of my body, or any issue of any of them, the said R. B., W. B., and S. B., shall or may, for the time being, be entitled in expectancy under the trusts aforesaid, shall be laid out and invested by them, the said [trustees] or the survivors or survivor of them, or the executors or administrators of such survivor, in their or his names or name, in the purchase of a competent share or competent shares of any of the parliamentary stocks or public funds of Great Britain, or at interest upon Government or real securities in England or Wales, but not in Ireland; and I declare my will to be, that the said [trustees], and the survivors and survivor of them, and the executors and administrators of such survivor, do and shall, from time to time, if and when they or he shall think fit so to do, alter, vary, and transpose the said stocks, funds, and securities, and also any other stocks, funds, and securities to which any such child, children, or issue as aforesaid, shall become entitled in expectancy under the trusts hereinbefore contained, into or for other stocks, funds, or securities of the same or a like nature, at their or his discretion: AND DO AND SHALL pay and apply the whole, or such part as the said [trustees], and the survivors and survivor of them, and the executors and administrators of such survivor, shall

FOR TESTATOR'S CHILDREN AND ISSUE, AND OTHERS.

think fit, of the interest, dividends, and annual produce of the trust monies, stocks, funds, and securities, to which any such child, children, or issue as aforesaid shall or may, for the time being, be entitled in expectancy, under the trusts hereinbefore declared, for and towards the maintenance and education of such child, children, or issue respectively, in the meantime, until such, his, her, or their then expectant portions shall become payable; with power for the same trustees or trustee, for the time being, either themselves or himself, so to apply the same, or to pay the same to the guardian or guardians for the time being, of such child, children, or issue respectively, to be so applied by such guardian or guardians, without such trustees or trustee being liable to see to the application thereof, or bound to require any account of the application of the same: AND DO AND SHALL, during such Accumulation suspense of absolute vesting as aforesaid, accumulate all the residue clause. (if any) of the said interest, dividends, and annual proceeds, in the way of compound interest, by investing the same, and all the resulting income and produce thereof, from time to time, in or upon any such stocks, funds, and securities as are herein before mentioned, for the benefit of the person or persons who, under the trusts herein contained, shall become entitled to the principal fund from which the same respectively shall have proceeded, with power for the said trustees or trustee, for the time being, to resort to the accumulation of any preceding year or years, and to apply the same as to such trustees or trustee shall seem meet, towards the maintenance and education of the child, children, or issue who shall, for the time being, be presumptively entitled to the same respectively, in like manner as such accumulations might have been applied under the power hereinbefore contained, in case the same accumulations had been interest, dividends, or annual produce arising from the original trust fund, in the year in which the same shall be so applied for maintenance and education: PROVIDED The interest of ALWAYS, and I hereby declare my will to be, that during the life of my said wife, the whole of the interest, dividends, and annual produce of the trust monies, stocks, funds, or securities, to which any child, children, or issue of my body, shall, for the time being, be entitled in expectancy as aforesaid, shall be paid to my said wife, to be applied by her in such manner as she shall think fit, for the maintenance, education, and benefit of such child, children, or issue, and her receipt shall be a sufficient discharge for the same,

testator's chil

dren's ex

pectant shares

to be paid to

their mother

during her life,

for their

benefit.

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