No. XXXII. SETTLEMENT upon MARRIAGE of a JOINTURE for wife UNDER POWER and PORTIONS for younger children where SETTLOR has a remote estate in REMAINDER. THIS INDENTURE, &c. (Parties and recitals as in last Precedent, adding recitals showing what estates prior to the settlor's life estate are still subsisting.) NOW THIS INDENTURE, made in consideration of the said intended marriage, WITNESSETH as follows: TO JOINTURE WITH PORTIONS BY MAN. 1. THE said A. B., as settlor, in exercise of the power for Appointment of jointure to this purpose given to him by the said indenture of settlement as intended wife. aforesaid and of all other powers (if any) him hereunto enabling, hereby appoints that if the said C. D. shall survive the said A. B., and if the estates for life and in tail limited by the said indenture of settlement and having precedence over the estate for life thereby limited to the said A. B. shall fail or determine in the lifetime of the said C. D., then and in such case the said C. D. shall from and after the death of the said A. B. or the failure or determination of the said preceding estates (which shall last happen) receive during her life a yearly rent-charge of £ for her jointure to be issuing out of the settled hereditaments and to be paid by equal half-yearly payments, the first payment thereof to be made at the expiration of six calendar months after the time hereby appointed for the commencement of the said rent-charge. with portions. 2. THE said A. B., as settlor, in exercise of the power for this Husband charges settled purpose given to him by the said indenture of settlement and of hereditaments all other powers (if any) him hereunto enabling, hereby appoints that, subject to the uses and estates limited by the said indenture of settlement and preceding his estate for life, and subject also to the said yearly rent-charge hereinbefore limited, the settled hereditaments shall be charged with, &c. (charge for portions, suprà, p. 347); and for this purpose the expression "younger sons " shall be deemed to mean and include every son not being at his birth or becoming during his minority an eldest or only son entitled under the said indenture of settlement to the TO JOINTURE AND CHARGE WITH PORTIONS BY MAN. Time for payment of portions. UNDER POWER Settled hereditaments for an estate in tail male in possession or in remainder immediately expectant on the life estate of the said A. B., or on some estate prior in order of limitation to such life estate, and also any son who being an eldest or only son entitled in remainder as aforesaid when he attains the age of twenty-one years, shall die before his estate tail falls into possession without having disentailed the said hereditaments or any part thereof, with the consent of the protector of the settlement (a): AND the sum of money charged as aforesaid shall be divided, &c. (as in Precedent No. XXVI., suprà, p. 347, down to directions as to time of payment of each share), the portion of every child under the foregoing charge to be paid to such child, being a son, at his age of twenty-one years, or being a daughter, at her age of twenty-one years or day of marriage (which shall first happen), if the said A. B. shall be then dead and all estates for life and in tail limited by the said indenture of settlement having precedence over the life estate of the said A. B. shall then have determined, but if the said A. B. shall be then living, or any of such preceding estates shall be then subsisting, then such portion shall not be payable until the decease of the said A. B., and the determination of all the preceding estates, unless the said A. B. (if living) and all persons (if any) entitled to the preceding estates shall direct the same to be raised and paid earlier. (Hotchpot clause, and proviso for reducing amount charged in the event of there being only one, two, or three younger children, suprà, p. 348.) Appointment of settled hereditaments a term to raise portions and annual sums for mainte nance. 3. THE said A. B., as settlor, in exercise of the power for this purpose given to him by the said indenture of settlement, to trustees for and of all other powers (if any) him hereunto enabling, hereby appoints that (subject and without prejudice to the uses and estates limited by the said indenture of settlement, and preceding the estate for life thereby limited to the said A. B., and subject to the said yearly rent-charge of £ herein before limited), the settled hereditaments shall go, remain, and be to the use of the said E. F. and G. H. (hereinafter called "the trustees of these presents "), for the term of 1,000 years computed from the decease of the said A. B., and so that the said term shall follow in order of limitation the life estate of the said (a) See p. 365, suprà, note. TO JOINTURE MAN. A. B., UPON, &c. (Trusts to raise portions, and interest on unpaid UNDER POWER portions, as in Precedent No. XXVI., suprà, p. 349), AND UPON FURTHER TRUST that if at the decease of the said A. B., or the failure or determination of the estates for life and in tail preceding the estate for life of the said A. B. under the said indenture of settlement (which shall last happen), any child, &c. (Trust to raise annual sums for maintenance of infant younger children, &c., suprà, p. 349.) 4. (Advancement clause as in Precedent No. XXVI., suprà, Advancement p. 350, adding at the end the following proviso): PROVIDED clause. ALWAYS that no money shall be raised under this power during the continuance of any estate or estates for life or in tail under the said indenture of settlement, having precedence over the life estate of the said A. B. without the consent of the person or persons entitled to such preceding estate or estates. IN WITNESS, &c. No. XXXIII. BY A REGISTERED TRANSFER by a REGISTERED PROPRIETOR of FREEHOLD 18. (Date.) In consideration of a marriage about to be solemnised between me and C. D., of, &c. (wife), I, A. B., of, (a) In order to make this collection of precedents complete, a form of strict settlement by a registered proprietor is here given; but the fact that a registered proprietor cannot make an effectual settlement of real estate except through the intervention of trustees, is one of the reasons which is likely to prevent an owner of a family estate from availing himself of the Land Transfer Act. At present, according to the usual form of a strict settlement, the trustees take no estate in the freehold, but have merely powers enabling them to intervene at the request of the settlor, or during BY A REGISTERED &c. (transferor), hereby transfer to the said A. B. and E. F., of, PROPRIETOR. &c., G. H., of, &c., and I. K., of, &c. (trustees), All the land comprised in the title above referred to. (Signature of proprietor and of witness (if any).) (Verification of same as prescribed.) BY A REGISTERED PROPRIETOR. Parties. Recital of agreement for settlement. No. XXXIV. SETTLEMENT of REAL ESTATE by a REGISTERED PROPRIETOR (a) containing similar PROVISIONS to Precedent No. XXVI., the fee simple of the LAND having been TRANSFERRED to the TRUSTEES jointly with the SETTLOR by a separate instrument so as to constitute them REGISTERED PROPRIETORS pursuant to the LAND TRANSFER ACT, 1875. THIS INDENTURE, made the day of BETWEEN A. B., of, &c. (husband), of the first part, C. D., of, &c. (intended wife), of the second part, E. F., of, &c., G. H., of, &c., and I. K., of, &c. (trustees), of the third part, and X. Y., of, &c., of the fourth part: WHEREAS a marriage, &c. (recital of intended marriage): AND WHEREAS upon the treaty for the said in the minority of a tenant in tail, or on other occasions when the exigencies of the settlement require it. Where, however, land is registered, it will probably be thought necessary, for the protection of the interests created by the settlement, that he should constitute the trustees registered proprietors, either alone or jointly with himself. In the form given above it is supposed that the settlor and trustees are constituted registered proprietors, for which purpose they must be clothed with the legal estate in fee simple as joint tenants. They then by a separate deed (which will not be registered) convey the property to a grantee to uses to the use of the settlor during his life, with remainder to the use of the trustees in fee simple upon trusts creating equitable estates tail and for securing a jointure and portions for younger children. The effect of such a deed will be to make the settlor tenant for life, with all the powers conferred on a tenant for life by statute. (a) See preceding note. BY A REGISTERED tended marriage it was agreed that the said A. B., being the registered proprietor of the hereditaments described in the PROPRIETOR. schedule hereto, should settle the same upon the trusts and in the manner hereinafter expressed: AND he has accordingly by an instrument bearing even date with these presents in the manner prescribed by the Land Transfer Act, 1875, and the rules made in pursuance thereof, transferred the said hereditaments unto the said A. B., E. F., G. H., and I. K., to the intent that they shall as soon as conveniently can be after the said intended marriage, cause themselves to be entered on the register as the proprietors thereof: AND it is intended that an entry shall be made on the register to the effect that when the number of registered proprietors shall be reduced below two no registered disposition shall be made except under the order of the Court (b): NOW THIS INDENTURE, made in consideration of the said intended marriage, WITNESSETH AND DECLARES as follows: proprietors to use of settlor remainder to the trustees for life with the use of in fee simple. secure annual and gross 1. THE said A. B., as settlor, and the said E. F., G. H., and Conveyance I. K., as trustees, hereby convey unto the said X. Y., all, &c. by registered (parcels), To hold the same (hereinafter called the hereditaments hereby settled) unto the said X. Y. in fee simple: TO THE USE of the said A. B. during his life, without impeachment of waste, and after his decease To THE USE of the said E. F., G. H., and I. K., (hereinafter called "the trustees of these presents") in fee simple, UPON TRUST in the first place for securing in the manner herein- sums charged after mentioned the payment of the several annual and gross subject thereto sums of money hereinafter charged on the said hereditaments to first and as and when the same respectively shall become payable: AND subject thereto, IN TRUST for the first and other sons of the said A. B. by the said C. D. successively, according to seniority in tail male, with remainder IN TRUST for the said A. B. in fee simple. thereon, and other sons of the marriage remainder to in tail male, husband in fee. settlor. 2. IF the said C. D. shall survive the said A. B., the trustees Trust to pay of these presents shall, out of the rents and profits of the wife if she jointure to hereditaments hereby settled, pay to the said C. D. during her survives life for her jointure, and in lieu of all dower and freebench, the annual sum of £, by equal half-yearly payments, the first thereof to be made at the expiration of six calendar months after the decease of the said A. B. (b) See 38 & 39 Vict. c. 87, s. 83, sub-s. 3. |