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Jane Smith apon trust for the executors, administrators and assigns of her, the said Jane Smith, in like manner as if she, the said Jane Smith, had then died unmarried as aforesaid, with fuli power to her, the said Jane Smith, to dispose of her interest therein, by will or other testamentary writing, notwithstanding her coverture; and to and for no other use, trust, end, interest or purpose whatsoever.
And this Indenture further witnesseth, that in consideration of the premises and of the said intended marriage, the said Peter Grey and Jane Smith do hereby covenant and agree to and with the trustees of these presents that in case any other moneys, property or effects exceeding the sum of five hundred dollars at any one time shall at any time hereafter accrue to or devolve upon the said Jane Smith by any gift, devise, bequest or inheritancce at any time during the said marriage, that then and in every such case and so often as the same shall happen, she the said Jane Smith shall and will from time to time assign, and he, the said Peter Grey, shall and will concur with the said Jane Smith in assigning the same unto the said trustees for the time being of these presents to be held by them upon the trusts hereinbefore declared concerning the property so brought into settlement by her, the said Jane Smith as aforesaid, or such and so many of them as shall be there subsisting, and capable of taking effect in like manner as if the same were originally brought into settlement as aforesaid.
Provided always, and it is hereby declared and agreed that in case at any time the trustees hereby appointed, or either of them or any future trustee or trustees of these presents shall die, be desirous of being discharged from, or refuse, decline or become incapable to act in the trusts hereof, then, and in every such case, it shall and may be lawful to and for the said Peter Grey and Jane Smith or to and for the survivors of them, or after the de. cease of such survivor, then to or for the surviving or continuing trustee for the time being, or the executors or administrators of the last surviving trustee by writing under their, his or her hands or hand to appoint a new trustee or trustees of these presents from time to time so often as the same shall happen, who shall thereupon act in the trusts thereof from time to time either solely or jointly with the surviving or continuing trustee or trustees for the time being in the same manner and with the same powers as if hereby originally appointed, the said trust funds to be therefrom assigned and transferred so as to become vested in the then trustee of thesc presents accordingly as often as the same shall happen. Provided also, and it is hereby further declared that the said trustees and other the trustee or trustees for the time being of these presents shall each of them be accountable only for his own sits and deeds, and for such part of the said trust estate u shall actually come to his hands, and that he and they respect. ively shall not be answerable by reason of the failure of any banker or other agent, or for the insufficiency or failure of any security upon which the said trust estate, or any part thereof, shall be invested, provided such securities shall be of the nature and kind hereinbefore mentioned, or for any other loss that may arise in the trusts aforesaid, save only so far as the same shall arise from his or their own willful negligence or default respectvely.
In witness whereof the parties to these presents have hereunto set their hands and seals the day and year first above written. Sealed and delivered)
PETER GREY, (L. 8.] in the presence of
JANE SMITH, (L. 0. JAMES Cook,
WILLIAM JOHNSON, (L. 8.] DANIEL MARVIN. JAMES CULVER, (L. 8.]
Assignment under Preceding Form. This Indenture, made this tenth day of January, in the year of our Lord one thousand eight hundred and sixty-seven, between Peter Grey of the City, County and State of New York, party of the first part, and William Johnson and James Culver, both of the same place, parties of the second part: Whereas a marriage has been agreed upon, and is about to be solemnized between the said Peter Grey and Jane Smith, of the City of New York aforesaid, and upon the treaty for the said marriage, it was agreed that all the property hereinafter mentioned should be assigned to the parties hereto of the second part, upon the trusts herein. after declared concerning the same. Now this Indepture witnesseth that in pursuance of said agreement, and in consideration of the premises, be, the said Peter Grey, doth bereby assign, transfer and set over unto the said parties of the second part, their executors, administrators and assigns, all that (here give a full description of the property) and all the right title, trust, property, claim and demand whatsoever of him, the said Peter Grey, of, in and to the premises hereby assigned or expressed and intended so to be, and every part thereof, together with full power and authority to ask, demand, sue for, recover and receive, and give effectual discharges for the premises and every part thereof, To have, hold, receive and take the premises hereby assigned or intended so to be to them, the said parties hercto of the second part, their executors, administrators and assigns. Upon Trust to stand possessed of the said premises upon the trusts and to and for the ends, intents and purposes, and with, under and subject to the powers, provisions, declarations and agreements of, and concorning the said premises declared ly and contained in a certain other indenture bearing even date herewith and made between the said Peter Grey of the first part, the said Jane Sınith of the second part, and the said William Johnson and James Culver of the third part, being the settlement made upon the marriage of the said Peter Grey and Jane Smith, and he the said Peter Grey doth hereby irrevocably appoint the said parties hereto of the second part, or the survivor of them or the executors, administrators and assigns of such survivor his lawful attorney and attorneys to receive, collect and get in the said premises so assigned, and each and every part thereof, and for bim, and in his behalf to give, sign and execute full and sufficient receipts, releases, acquittances or other discharges for the same and every part thereof, and which it is hereby declared and agreed shall fully and effectually release and discharge the person or persons paying the same from all liability to see to the application of the moneys therein expressed to be received. And lastly, the said Peter Grey, party hereto of the first part, doth hereby covenant, promise and agree with and to the said parties of the second part, their executors, administrators and assigns, that he, the said party hereto of the first part, shall and will, whenever thereunto requested, make, execute and do all and every such assignments, assurances, acts, deeds, matters and things for the further and better assigning, assuring and vesting the said premises hereby assigned as aforesaid unto and in them the said parties hereto of the second part, and enabling them to receive and collect the same to be held by them upon the trusts aforesaid as by the said parties of the second part shall from time to time be reasonably desired, advised or required.
In witneys whereof the said party of the first part to these pres ants hath hereunto set his hand and seal the day and year first above written. Sealed and delivered in /
PETER GREY, (L. S.] the presence of
JOHN T. SNOOKS. N. B.-If any assignment by the wife, it is expedient, for the purpose of avoiding the possibility of any legal objection, that the husband join with her.*
Article of Separation between Husband and Wife. This Irdenture of three parts, made the thousand eight hundred and between A, B., of the city of
of the first part, and C. D., bis wife, of the second part, and E. F., trustee of the said C. D., of the third part: Whereas, divers
• The above have been drawn very fully and with great care, embracing every contingency that would be ordinarily likely to arise. From the preceding forms, almost any other description of settlement can be drawn, as the formal parts are applicable to all settlements, and the changes in the other portions only consis' i confo: ning them to the facts.
disputes and unbappy differences have arisen between the said party of the first part, and his said wife, for which reason they have consented and agreed to live separate and apart from each other during their natural life; therefore, this Indenture witnesseth, That the said party of the first part, in consideration of the premIses, and in pursuance thereof, doth hereby covenant, promise and agree, to and with the said trustee, and also to and with his said wife, that it shall and may be lawful for her, his said wife, at all times hereafter, to live separate and apart from him; and that he shall and will allow and permit her to reside and be in such place and places, and in such family and families, and with such relations, friends and other persons, and to follow and carry on such trade or business as sho may from time to time choose, or think fit to do; and that he shall not, or will at any time sue, or suffer her to be sued, for living separate and apart from him, or compel her to live with him, or sue, molest, disturb or trouble her for living separate and apart from him, or any other person whomsoever, for receiving, entertaining, or harboring her; and that he will not, without her consent, visit her, or knowingly enter any house or place where she shall dwell, reside, or be, or send, or cause to be sent, any letter or message to her ; nor sball, or will, at any time hereafter, claim ur demand any of her money, jewels, plate, clothing, household goods, furniture, or stock in trade, which she now hath in her power, custody or possession, or which she shall or may at any time hereafter have, buy or procure, or which shall be devised or given to her, or that she may otherwise acquire; and that she shall and may enjoy and absolutely dispose of the same, as if she were a feme sole and unmarried; and further, that the said party of the first part shall and will well and truly pay, or cause to be paid unto her, his said wife, for and towards her better support and maintenance, the yearly sum of dollars, free and clear of all charges and deductions whatever, for, and during her natural life, at, or upon the first days of January, April, July and October, in each and every year during her suid natural life, which the said trustee doth hereby agree to take, in full satisfaction for her support and maintenance, and all alimony whatever. And the said trustee, in consideration of the sum of one dollar, to him duly paid, doth covenant and agree, to, and with the said party of the first part, to indemnify and bear him harmless of, and from all debts of his said wife, contracted, or that may hereafter be contracted by her, or on her account; and if the said parties of the first part shall be compelled to pay any such debt or debts, the said trustee hereby agrees to repay the game on demand, to the said party of the first part, with all dumage and loss that he may sustain thereby.
In witness, etc., [as in Marriage Settlement.)
RIGHTS OF MARRIED WOMEN.
The original common law of the country prohibited woman, after marriage, legally participating in any mercantile contracts or business wholly on her own account. The husband, by virtue of the marriage obligations, became possessed of the wife's property during her life, which was as absolutely under his control as if she had made a transfer of it to him. This life-possession of right in her property is called, in law, his tenancy by the courtesy.
For the more just and equitable adjustment of this most important subject, laws have been passed in nearly all the States in the Union, giving to a married woman the exclusive use and enjoyment of all property owned by her at marriage, and all which she acquired subsequently.
The following is a summary of the statutory laws, or the rights of married women, brought down to the latest period :
ALABAMA.—Married women cannot act as dealers in the purchase and sale of goods. Her real and personal property in this State, acquired before marriage, and all property to which she may be afterwards entitled by gift, grant, inheritance, or devise, shall not be liable for any debts, obligations and engagements of her husband, and may be devised or bequeathed by her as if she were a feme sole. A conveyance of the wife's sep
ate estate may be made by the husband and wife jointly, signed in the presence of two witnesses, or acknowledged before any officer authorized to take the acknowledgment of deeds. She cannot mortgage her statutory separate estate.
ARKANSAS.-A married woman cannot make a contract that can be enforced in law. Family necessaries, supplied on the credit of ber separate estate, can be made a charge upon such estate in chancery. By filing a schedule in the office of the Circuit Court of the County where they reside, she can secure her own estate to her cwn use, apart from the control and liabilities of her husband. Her property is not liable for debts of husband contracted before marriage--unless she intrusts it to the management or control of her husband otherwise than as her agent.
CALIFORNIA.—All the property of the wife, owned by her before marriage, or that acquired afterwards by gift, devise, or bequest, or descent with the rents, issues, and profits thereof, is her separate