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Frederick Prideaux.

Prideaux's forms and precedents in conveyancing : incorporating Wolstenholme's forms and precedents with dissertations and notes on its law and practice (Volume 2) online

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with the Trustees and with each of them that if by reason of



Covenant for . -in

farther assiir- the provisious of the Benefices Act, 1898, or otherwise it shall at
sons and lights ally time hereafter be ascertained that these presents did not
t/oiry^"**" operate to pass any of the advowsons or rights of presentation

to which the said (settlors) became entitled under the

recited Settlement , or any disposition to the uses or upon

the trusts thereof, then the said ■ (settlors) or the persons

deriving title under them will, at the cost of the trust estate,
execute all such further assurances [and obtain such further
assurances (if any) from the trustees of the recited Settlement]
as may be necessary or proper for the purpose of effectually con-
veying any such advowsons or rights of presentation to the uses
hereinbefore expressed to be declared concerning the same.

No. 83. (i.) The Trustees and the [survivors and] survivor of them,

T ~ 'T and the executors or administrators of such survivor or other the

Appointment

of Trustees for trustees or trustee for the time being hereof (all of which persons

s. L. Acts and are in these presents, where the context so admits, included in

Cotiv°Actr ^^^^ expression " the Trustees "), are hereby appointed to be the

18S1, &c. (c). Trustees hereof for all the purposes of the Settled Land Acts, 1882

to 1890, and also for all the purposes of section forty-two of

the Conveyancing and Law of Property Act, 1881 [and so that

it shall be obligatory on the Trustees during a minority to enter

on the hereditaments hereby settled and manage the same in

accordance with the statutory powers and provisions]:

Capitaitobc (ii.) If and so long as there is only one trustee hereof, capital

and powers iiioney arising uudor the Settled Land Acts, 1882 to 1890, or

sole Trustee. Under tliese presents may, notwithstanding anything in those

• Acts contained, be paid to such one trustee alone :

(iii.) All the powers conferred on trustees by the said Acts



(b) This Form is required where an advowsoii is settled and by reason of a
recent admissicni of an incumbent to the benefice the advowson cannot be
convoyed till the exijiration of a year : Benefices Act, 1898, s. 1 (1) (c).

(c) The provision appointing trustees for the purposes of these Acts must
be inserted in every realty settlement. As to the insertion of the words
" and the survivors," &c., see Dissertation, p. 262, sup.



PROVISIONS AS TO ACCUMULATIONS, TRUSTEES, ETC. 527

may be exercised by one trustee only, and all the provisions of
those Acts applicable to trustees, including notices, sliall be
satisfied though there may be only one trustee for the time being
in existence hereof (d) :

(iv.) Subject to any order of the Court and to any statutory Provision as to
enactment hereafter passed to the contrary, the persons or person 3^°""^^^
who shall for the time being be the trustees or trustee hereof Trustees,
for the purposes of the Settled Land Acts, 1882 to 1890, shall be
the trustees or trustee for the same purposes of every compound
settlement consisting of these presents and of any instrument or
instruments whicli may be executed at any time hereafter (e).

The said (jirst tenant for life) during his life, and after No. 84.

his death the person (if any) of full age for the time being p^^^.^j. ^^
entitled to the i^ossession or the receipt of the rents and profits appoint new

'■ ^ , trustees.

of the premises hereby settled, shall have power from time to
time to appoint a new trustee or new trustees of these presents
and of any compound settlement consisting of these presents
and of any instrument or instruments which may be executed at
any time hereafter [and of any term limited by these presents] .

The marginal notes to these presents are for convenience of No. 85.
reference only, and shall not affect the construction thereof. ^^^^ ^^^

——' notes.

(d) Whether, having rej^ard to ss. 20 and 22 of the T. Act, 1893, a sole Whether

■ '111

trustee would have power to give a receipt for capital money (S. L. Act, Power snouia

1882, s. 39), and accept notices (S. L. Act, 1882, s. 45 (2)), apart from any to a single

express declaration may be a question. If it is desired that a sole trustee trustee to act.

should not act, omit sub-clauses (ii.) and (iii.) and substitute the following: —

" But these presents shall not be deemed to authorise a sole
trustee to receive capital money, nor to accept any notice required
to be served under the Settled Land Acts, 1882 to 1890.''

(e) This clause avoids the necessity of appointing trustees for the piu'poses Trustees of
of the Acts of the settlement and any subsequent instrument. The trustees ""^^^f^^^^^^
cannot be appointed trustees of the settlement and of a prerious settlement

for the purposes of the Acts: Be Spencer's S. E., 1903, 1 Ch. To ; 72 L. J. Ch.
59; except where a tenant for life in possession and tenant in tail are
resettling estates unfettered by charges or powers of charging: Be Spear-
man S. E., 1906, 2 Ch. 502 ; 75 L. J. Ch. 829 ; but in this case there is no
object in keeping alive the old settlement.



528



(forms) settlements (real).



No. 86.

Headings of
schedules.



Freeholds



The [First] Schedule above refeered to.

First Part.
Particulars of freehold land and buildings hereby settled (y).



No. on Plan.



Description of Property.



Tenant's Name.



Acreage.
A. R. P.



Part.

Perpetual Particulars of perpetual yearly rent-charges [and tithe-rent-

rent-charges. ^j^^rges] hereby settled.



Amount of Rent-e]iar"e.



Date of Grant.



Property on which the Rent-charge
is secured.



Copyholds.



The [Second] Schedule above referred to.
Particulars of copyholds hereby settled.

First Part.
Description on the court rolls ('/).



Incorporeal (/) ^"7 manor, ov advowsons will be described in the iiarcels or placed in

hereditaments, a separate part of the schedule.

((/) Eeference should be made after each set of pai'cels to the last admission,
thus : —

" to which hereditaments was admitted on the day

of ."



PROVISIONS AS TO ACCUMULATIONS, TRUSTEES, ETC.



529



Second Part.
Modern description.



Copyholcls.



No. on Plan.



Description of Property.



Tenant's Name.



Acreage.
A. R. P.



The [Third] Schedule above referred to.
Particulars of leasehold hereditaments hereby settled (li).



Leaseholds.



Date of Lease.



Parties to Lease.



Property demised.



Yearly Rent [or
minimum Rent].



The [Fourth] Schedule above referred to.
Particulars of personal estate settled as capital money. •

First Part.
Investments and money transferred to the Trustees.

Second Part.

Policies of assurance on tlie life of assigned to the Policies.

Trustees.



Livestments.



Date of
Policy.



No. of
Policy.



Office in whicli
eft'ected.



Annual
Premium.



Amount secured ex-
clusive of Bonuses.



(/i) If different classes of leaseholds are settled, e.(j., building leases, As to settle-
miniug leases, and leases for lives, the schedule should be divided into "lent of mniing
parts. If mines are to be worked by trustees during a minority with capital worked by
money, special powers must be given. A mining lease may involve heavy tenant for life,
liabilities, and in this case arrangements must be made for allowing it to
stand in the nume of the tenant for life instead of the trustees.

P. — VOL. II. 34



530



(forms) settlements (real).



The [Fifth] Schedule above referred to.

Heirlooms. Parfciculai'S of chattels hereby settled as heirlooms.

{'These may either be described or be merely referred to by refer
ence to signed inventories.)



Family
charges.



Incumbrances
aifecting the
inhentance.



The [Sixth] Schedule above referred to.
First Part.

Particulars of family charges having priority to the Settlement
hereby made.

, a. Jointure rent-charge payable to during the



1. £-



2. £—



residue of her life affecting the hereditaments

numbered — in the Schedule hereto appointed

to her by Deed dated under a power in a

Settlement dated .

Portions secured by a term of years (affecting

the hereditaments numbered — in the

Schedule hereto) created by an Indenture

for the benefit of the younger children of the

late , with interest from the death of at

the rate of £ — p. c. p. a., and provisions for
maintenance money and advancements.



Second Part (?").
Particulars of incumbrances affecting the inheritance.



1. i*-



2. £—



Secured on the hereditaments in the part

of the Schedule hereto by an Indenture

of Mortgage dated, &c., and now vested in

under an Indenture of Transfer dated ,

with interest at the rate of £■ — p. c. p. a.
Secured, &c.



Mininc leases (') ^^ there are any mining leases subject to which any part of the pro-

as ineum- perty is to be settled they may be placed in another part of the inciunbrance



branees.



schedule.



PRELIMINARY NOTE. 531



Part II.
PRECEDENTS OF SETTLEMENTS (REAL).

Preliminary Note.

Ix the prepamtion of settlements of land by deed or Will the Points to be
following points should be attended to with reference to the Settled i^"ended to

y , . Ill drawing

Land Acts : — settlements of

(1) To declare by the settlement that persons therein named are the ^^^^\

trustees thereof for the purposes of the S. L. Acts, 1882 to SSf
1890 : S. L. Act, 1882, s. 2 (8).

(2) To give express authority, if so desired, for all powers to be Sole trustee.

exercised by, and for capital money to be paid to, a sole trustee :
S. L. Act, 1882, s. 39.

(3) To make fines taken on licences to copyholders capital money : Fines on

S. L. Act, 1882, s. U, and see Wolst. Conv. Acts, 9th ed., 356. licences to

K 1 ^ n , - , ^ coijyholders

And as to hnes on a surrender of a lease, see Be De Bodes, to be capital.
1909, 1 Ch. 815; 78 L. J. Ch. 434.

(4) To dispense with notice to the trustees, or their solicitor, under Dispensing

S. L. Act, 1882, s. 45, if so desired. In some cases it may be ^^'it-li notices,
desired to dispense with notice of leases only, and this is already
provided for in the case of leases not exceeding twenty-one
years: S. L. Act, 1890, s. 7 (i.).

(5) To give, if so desired, a larger power of interim investment of interim

capital money : S. L. Act, 1882, s. 21 (i.) ; T. Act, 1893, s. 1. mvestment,

(6) To specify, if so desired, any other mode of application of capital Application of

money besides those in S. L. Acts. capital money.

(7) To direct that where the reversion in fee on a lease is purchased Lease to merge

(S. L. Act, 1882, s. 21 (vi.)) the leasehold term shall be merged, reyPsimAn ''^
so as to avoid all question on this point. fee.

(8) To enable the grant of land in consideration of a rent-charge and Terms, &c., of

the grant of leases for any longer term, or on other conditions than leases,
those specified in the Act of 1882, where required by the custom
of the district, so as to avoid an application to the Court under
s. 10. (As to grants in fee for building purposes, see S. L. Act,
1890, s. 9.)

(9) If not desired that any part of mining rents should be set aside Mining rents.

as capital money under S. L. Act, 1882, s. 11, the settlement
should contain an express direction for this purpose. This is a

34—2



532



(precedents) settlements (real).



Sale of
mansion.



Raising money.



Purchase out
of England.



Accumulations

during

minority.



Registered
land.



usual clause in settlements, the tenant for life being generally
allowed to take the whole rent under mining leases.

(10) To give, where desired, power to sell or lease the principal

mansion house and lands occupied therewith, without the
restrictions imposed by S. L. Act, 1890, s. 10; or else to define
the house and lands to which the section is to apply.

(11) To give, if desired, power to raise by mortgage money required

for improvements or other purposes, but which cannot be raised
under S. L. Act, 1882, ss. 18 or 47, or S. L. Act, 1890, s. 11.

(12) In settlements of land in England (which includes Wales and

Berwick-on-Tweed : 20 Geo. 2, c. 42, s. 3) to give, where desired,
power to invest capital money in the purchase of Land elsewhere :
S. L. Act, 1882, s. 23 ; and to exchange land in England for
land out of England : s. 4 (8).

(13) To provide that accumulations of surplus rents during minority

shall be applicable as capital money, where the infant dies
under age, and if female, also munarried. This is the usual
course, otherwise they form part of the infant's personal estate :
Conv. Act, 1881, s. 42 (5) (iii.).

(14) No special provisions are required in regard to land registered

under the L. T. Acts, but the tenant for life should be regis-
tered as proprietor and an application made for the proper
restrictions, having regard to the powers of charging, &c., to be
entered on the register.



Parties.



No. I.

ANTE-NUPTIAL SETTLEMENT hi/ Absolute Owner of
Freeholds, Copyholds, Leaseholds, Investments,
Policies, and Heirlooms. Variations iclwre the Land

is PiEGISTERED (a).



THIS INDENTUKE, made the



day of



Between



A. B., of, cl'c. (hereinafter called the Husband), of the Isfc part,
C. D., of, Sec, Spinster (hereinafter called the Wife), of the 2nd
part, and E. F., of, &c., G. H., of, &c., and I. K., of, &c. (herein-
after called the Trustees), of the 3rd part, and divided for purposes
of convenient reference into a Preliminary and five other Parts.



stamp. («) 15eiiig a marriage settlomcnt, Fin. (IDOD-IO) Act, 1!)1(), s. 74, docs not

apply. Tlie stamp will be lOs. as regards the land, and os. jier £100 on the
value of the personal estate other than leaseholds.



settlemp:nt on marriage. 533

Preliminary Part.
Eecitals Relating to the Property Settled and other Matters. Recitals.

A(in'i')iiciif for marriage — Form Xo. 1.

And whereas the Husband is ^o^Y seised in possession free Title to
from iiicuivjhrances of the freehold hereditaments mentioned in copyholds',
the first Schedule hereto for an estate in fee simple and of the
coi)yhold hereditaments mentioned in the second Schedule hereto
for an estate of inheritance according to the customs of the
respective manors of which the same are holden :

And whereas the leasehold hereditaments mentioned in the Title to
third Schedule hereto are now vested in the Husband free from
incumbrances for the residue of the respective terms for which
the same were granted :

And whereas with a view to the Settlement intended to be Transfer of
hereby made the Husband has caused to be transferred into the
joint names of the Trustees the investments mentioned in the
fourth Schedule hereto, representing the sum of £ sterling :

And whereas the Husband is also entitled free from incum- Title to
brances to the policies on his own life mentioned in the fifth heirlooms."
Schedule hereto, and also to the chattels mentioned in the sixth
Schedule hereto.

Aqrccment for Settlement — Form Xo. 2. Agi-eement for

. •111X1 Settlement.

[And whereas the Husband is registered under the Land variation
Transfer Acts, 1875 and 1897, as proprietor with a possessory where tiie

\ . freeholds and

title as to the said freehold hereditaments under the heading leaseholds arc

District , Parish , Title No. — , and as to the said under l.t.

leasehold hereditaments under the heading District ,

Parish , Title No. — , and has agreed to sign and

deliver an application (/>) to the registrar for the entry of
certain restrictions against the said title numbers to the following
effect (that is to say) : — Except under an order of the registrar
no transfer of the land is to be registered unless made on sale,
exchange or partition, the consideration money being paid to
the Trustees or into Court, and except under the like order no
charge or lien by deposit of certificate is to be registered or
created unless expressed to be for one of the purposes for



{h) See L. T. Rules, 1908, r. G9, which enables leaseholds to be registered
iu the name of the tenant for life.



Acts



5M



(precedents) settlements (real)



which a tenant for life is authorised by hiw to raise money on
mortgage of settled laud, the money being paid to the Trustees.]

Operative part. Coiniiu'iiceDU'nt of opcvative part — Form No. 4.



Conveyance
and settlement
of freeholds.



Paet I.

Conveyance and Settlement of Freeholds.

1. Coiireijancr of freeliolds in first ScJicdnh' to Trustees to Use
of Tlushand in fee simple until marriage, and then to Uses afterwards
deelared — Forms Nos. 5 and 7.

(1) Rent-charf/e to Wife for pin-moneij — Form No. 8.

(2) Term for up-keep of policies^Form No. 23.

(3) Life estate to Husband — Form No. 11.

(4) Jointure rent-charge to Wife — Form No. 13.

(5) Term, to the Trustees to seeure portions for younger
children — Form No. 14.

(6) Estates in tail male and in tail to sons successively according
to seniority, and in tail to daughters as tenants in common — Form
No. 15 ; or to issue as Husband and Wife or Husband alone
appoints — Form No. 16 or No. 16a.

(7) With remainder To the use of the Husband in fee simple.



Trusts of
Portions Term,
powers of
charging, and
provisions as
to releasing
charges and
surrendering
terms.



Part II.

Trusts of Portions Term, Powers of Charging, and Provisions as
to Pieleasing Charges and Surrendering Terms.

2. Trusts of Policy Term — Form No. 23.
2a. Trusts of Portions Term — Form No. 22.

3. Power for Husband to jointure future Wife — Form No. 27.

4. Poiver for Husband to cliarge portions on future marriage —
Form No. 28.

5. Power for femedes restrained from anticipation to release
rent-charges — Form No. 31 (c).

6. Power for Term Trustees to surrcuder terms- — Form
No. 32 (c).

(r) These powers are important for the purposes of a resettlement. They
enable the okl family charges to be released and new ones to be substituted,
thus enabling the tenant for life under the new settlement to override
them.



SETTLEMENT ON MARRIAGE. 535



Part III.
Settlement of Coj^yholds, Leaseholds (d), Investments, Policies, Settlement of

1 TT • 1 copyholds,

and Hen-looms. leaseholds,

investments,

6. Covenant to surroidcr copi/Jiohh in second ScJicdiile caul policies, and

heirlooms.

trusts thereof — Forms Nos. 33 and 3-1.

7. Assignment of leaseholds in third Sdiedule and trusts
thereof — Forms Nos. 34a and 36, and add Forms Xos. 38, 39, and
40, if required.

8. Declaration of trusts of investments in fourth Schedule —
Form No. 41 and first part of Form No. 44.

9. Assignment of policies in fifth Schedule — Form No. 43 and
first part of No. 44.

10. Trusts of personalty to go along with freeliolds — Form
No. 45 {e).

11. Assignment of heirlooms in sixth Schedule and trusts
thereof — Form No. 47.



Part IV.
Provisions by way of Extension and Variation of the Settled Settled Land

Act extension

Land Acts. clauses.

12. Definitions and Introdnctory Clause — Forms Nos. 48
and 49.

13. Interim investment of capital mo)ieij — Form No. 50.

{Add here such Forms undo' the above heading as mag h<i
required i)i each case.)



Part V.

Provisions as to Accumulations and Appointment of and Powers Accumuia-
of Trustees and Miscellaneous Provisions.

14. Destination of accumulations during minorities — Form
No. 73.

(d) See Form No. 37, wliere the alternative method of declaring a trust
for sale will be found.

(f) This Form avoids repetition. The parts of the previous Forms referred
to which may be omitted whcu this Form is used will be found in square
brackets in those Forms.



536



(precedents) SETTLhlxMENTS (kEAL).



Powers of
Trustees, &c.



15. To appoint atfoniei/s (Jiirlnr/ temporanj absence — Form
No. 76.

16. To emploii agents, and for professional trustee to charge
—Form No. 11.

17. To value and apportion — Form No. 78 ; and (if there is a
limitation to tenants in common) to imrtition — Form No. 79.

18. Protection of tenant for life and Trustees who act on expert
advice — Form No. 80.

19. Wide indemnity clause to tenant for life and Trustees —
Form No. 81 if required.

20. A]ypointment of the Trustees for purposes of the S. L. Acts
and s. 42 of Conv. Act, imi—Form No. 83.

21. Power for Husband to appoint new Trustees — adapt Form
No. 84.

22. Marginal notes (if inserted) — Form No. 85.
In witness, &c.

Schedules (see Form No. 86).



No. II.



Parties.



ANTE-NUPTIAL SETTLEMENT of Fkeeholds by an
Owner in Fee Simple, where the land is subject to a
JoiNTUiiE Rent-chaege (wltlch is not released) limited
by a Peior Settlement and a Substituted Pient-
CHAEGE is limited (f). Variation //" Jointress joins.

Parties (as in last Precedent. If the Jointress joins site will be
made a party of the third part).



Recitals.



Preliminary Part.

Piecitals Pielating to the Property Settled and other Matters.
Agreement for marriage — Form No. 1.



Settlement by
owner in fee
simple subject
to a jointure
rent-charge.



(/) It is assumed here that in the lifetime of the settlor's father (the
tenant for life nndcr the old settlement) the estate tail of the settlor wns
barred and that ho is entitled in fee simple subject to a jointure rent-charge
limited under the old settlement which he cannot overreach. The jointress
refuses to release her rent-chai'ge in substitution for a new one, but a new
one is limited to her so that she can subsequently release the old one and
enable the tenant for life under the resettlement to overreach the rent-charge.
If, when the property was disentailed, the powers of the j)resent settlor as



MARRIAGE SETTLEMENT SUBJECT TO A JOINTURE. 537

And whereas under an Indenture of Settlement (hereinafter Recital of title

called the Settlement of ) dated, &c., and made, &c., and under unde^i- oM

a Disentailing Assurance (duly enrolled) dated, &c., and made, f^^ D^sentaii-
Scc, and by reason of the death of the said X. B. (Settlor's father) ing Assurance.

on the day of • .and of the payment of all money rais-

ab!e as portions for his 3-ounger children and the satisfaction of

the term of years limited by the Settlement of for

securing the same, the hereditaments hereinafter described now
stand limited To the use of the Husband (who was born on the

day of , as the eldest son of the said X. B.) in fee simple,

subject to a yearly jointure rent-charge of £. limited to the

said Jane B. (Settlor's mother) during her life in the event (which
happened) of her surviving her husband, the said X. B., but
otherwise free from incumbrances.

Agreement for Settlement — Form No. 2. . Agreement

Commencement of operative part— Form No. 4. IndopeSve''



part.



Part I.



Conveyance and Settlement of Freehold Land in Schedule. Conveyance

and settlement

1. Conveyance of land in schedule to Trustees to Use of Husband of freeholds.
in fee simple until marriage (g) and then to Uses afterwards declared, subject to old
— Forms Nos. 5 and 7, saying in Form No. 5, " To hold unto the ^^ent-charge.
Trustees in fee simple, subject to the said jointure rent-charge

of limited by the Settlement of to tlie said Jane B.

during her life and to all powers and remedies for securing
the same, and so subject To the use of the Husband in fee
simple, &c."

(1) To the use that the said Jane B. shall in substitution for Substituted

the yearly rent-charge of £- limited to her by the Settlement ™ '^ ' ^^'

of receive during the residue of her life the yearly rent-
charge of £ , to commence from the execution of these presents

and to be considered as accruing from day to day, but to be paid

tenant in tail under the old settlement (see S. L. Act, 1882, s. 58 (1) ) were
preserved and the power of sale (if any) kept on foot, the same persons
should be appointed S. L. Act trustees of the new settlement as are trustees
of the old one.

(g) If the settlor's mother joins to release her jointure, the limitations till Variation if
the marriage should be :— " To Uses for restoring the said jointure i°'"t'-e«« Jo'"«-
rent-charge, and subject thereto To the use of the Husband in
fee simple until the solemnisation of the said marriage."



538



(precedents) settlements (rkal).



without any deduction, the first payment or proportionate pay-
ment (//) thereof to be made on the day of {tlte daij on

which the old rent-charge is next pay ahle) :



Online LibraryFrederick PrideauxPrideaux's forms and precedents in conveyancing : incorporating Wolstenholme's forms and precedents with dissertations and notes on its law and practice (Volume 2) → online text (page 66 of 138)