PRECEDENT X. RIGHT OF WAY OF SALE OF SETTLED ESTATES. 8.-and appointment of right of way to purchaser. coloured blue, so far as such uses, trusts, powers, and provisoes are inconsistent, or may interfere with, the UNDER POWER appointment and grant hereinafter contained: And do hereby limit, declare, direct, and appoint that the same piece of land or occupation road shall henceforth remain and be To THE USE and intent that it may be lawful for the said G. H., his heirs and assigns, and other the persons hereinafter mentioned or referred to in that behalf to exercise and enjoy in and over the same such rights and privileges as are hereinafter mentioned and expressed 9. —and subject to be hereby granted, and subject thereto To THE USES, upon the trusts, and subject to the powers and provisoes to, upon, and subject to which the same piece of land or occupation road stood limited and settled immediately thereto to uses of old settlement. 11. Grant by trustees and life tenant of right of way to purchaser. 10. Witnesseth. before the execution of these presents: AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the said agreement in this behalf, and for the considerations aforesaid, They the said A. B. and C. D., according to their estate and interest as trustees of the hereinbefore recited indenture of settlement, Do and each of them doth hereby grant, and the said E. F. doth hereby covenant (so as to bind so far as may be the said piece of land or occupation road, and the person and persons for the time being entitled thereto or interested therein, but not so as to incur any personal liability except in respect of his own acts): And also grant with and to the said G. H., his heirs and assigns, and his and their agents and servants, and the respective tenants and occupiers for the time being of the lands and hereditaments by the hereinbefore recited indenture expressed to be appointed and granted, and covenanted to be surrendered respectively, or any of them, and all and every other persons and person, for the benefit and advantage of the said G. H., his heirs or assigns, FULL AND FREE RIGHT and liberty, from time to time and at all times hereafter, at his and their will and pleasure, by night and by day, and for all purposes, to go, return, pass, and repass, with horses, carts, waggons, and other carriages, laden or unladen, and also to drive cattle and other PRECEDENT X. UNDER POWER OF SALE OF SETTLED ESTATES. 12. Covenant by they have done nothing to pre trustees that vent their selling or to incumber. 13. Covenants by life tenant: beasts in, through, along, and over the said piece of land or occupation road, to and from the said turnpike road, and from and to the said lands and hereditaments by the said indenture of even date herewith expressed to be, appointed and granted: AND EACH of them, the said A. B. and C. D., so far as relates to his own acts, deeds, and omissions alone, doth hereby for himself, his heirs, executors, and administrators, covenant with the said G. H., his heirs and assigns, that they the said covenanting parties respectively have not done, omitted, or knowingly suffered, or been party or privy to anything whereby they are in anywise prevented or hindered from exercising in manner aforesaid the powers of sale, revocation, and appointment herein before expressed to be exercised by them, or from appointing and granting by these presents all or any of the said premises hereinbefore expressed to be hereby appointed and granted to the use of the said G. H., his heirs and assigns: AND THE SAID E. F. doth hereby for himself, his heirs, executors, and administrators covenant with the said G. H., his heirs and assigns, that notwithstanding anything by him the said E. F., or any of his ancestors or testators, done, omitted, or knowingly suffered, he the said E. F., and the said A. B. and C. D., some or one of them, now have or hath full power to limit and grant all the easements and privileges hereinbefore expressed to be hereby limited and granted: AND THAT the said piece of land or occupation road shall for quiet enjoyment; at all times remain and be to the uses hereinbefore declared; and the easements and privileges herein before expressed to be granted in and over the same, be quietly exercised and enjoyed by the said G. H., his heirs and assigns accordingly, without any interruption or disturbance by him the said E. F., or his heirs, or any person claiming through or in trust for him, them, or any of them, or through or in trust for any of his ancestors or testators: AND THAT free and discharged from, or other-free from wise by him the said E. F., his heirs, executors, or administrators, sufficiently indemnified against all estates, incumbrances, claims, and demands created, occasioned, or VOL. II. R for right to limit and grant easement; incumbrances; RIGHT OF WAY OF SALE OF -and further assurance. PRECEDENT X. made by the said E. F., or any of his ancestors or testators, or any person claiming through or in trust for him, them, or any of them: AND FURTHER, that he the SETTLED ESTATES. Said E. F., and his heirs, and every person having or claiming any estate, right, title, or interest in or to the said premises, or any of them, through or in trust for him the said E. F., or his heirs, or through or in trust for any of his ancestors or testators, will at all times, at the cost of the said G. H., his heirs or assigns, execute and do every such assurance and thing for the further or more perfectly assuring unto the said G. H., his heirs or assigns, such easements and privileges in and over the said piece of land or occupation road as are hereinbefore expressed to be hereby limited and granted, as by the said G. H., his heirs or assigns, shall be reasonably required. IN WITNESS, &c. XI. PRECEDENT XI. CONVEYANCE of FREEHOLDS purchased by a MARRIED WOMAN out of Money belonging to her, for her SEPARATE USE (a). TO SEPARATE USE WOMAN. 1. Parties. THIS INDENTURE, made, &c., between A. B., of, &c. [vendor], of the first part, C. D., of, &c. [husband], and E. F., his wife [purchaser], of the second part, and (a) Savings by a married woman out of allowances made to her by her husband for housekeeping or for pin money, or out of her separate maintenance settled on her before marriage, belong to her for her separate use, and she may dispose of them as she will: and although, at common law, the husband is entitled to the whole of the rents and profits which may arise from his wife's lands, and acquires a freehold estate therein during the coverture, see supra, p. 217, n. (a), yet courts, both of law and equity, will now permit real estate to be held for the sole and separate use of married women. G. H., of, &c. [trustee], of the third part: WITNESSETH, PRECEDENT XI. that, in consideration of the sum of £- upon the exe- TO SEPARATE USE OF A MARRIED WOMAN. 2. Witnesseth : cution of these presents paid by the said E. F., out of monies belonging to her for her sole and separate use, to the said A. B., for the purchase of the fee simple in pos- consideration; session of the hereditaments hereinafter expressed to be hereby granted (the payment of which said sum of £out of monies belonging to the said E. F. for her sole and separate use the said C. D. doth hereby admit, and the receipt of which said sum of £hereby acknowledge), He the said A. B., at the request of the said E. F., and with the concurrence of the said the said A. B. doth --receipt; C. D., Doth hereby grant and confirm unto the said G. H. 3.-grant; and his heirs [parcels, supra, pp. 207, 210, 213, 215, or 4.-parcels. 219; general words, supra, p. 208]: TO HAVE AND TO HOLD 5. Habendum all the said premises hereinbefore expressed to be hereby as wife shall appoint; remainder to use of G. H. granted UNTO the said G. H. and his heirs, TO SUCH USES, to such uses for such estates, and in such manner as the said E. F., notwithstanding her present or any future coverture, and whether covert or sole, shall by deed or writing, sealed and delivered, or by will appoint; and in default of and until any such appointment, and so far as no such appointment shall extend, To THE USE of the said G. H. and his heirs during the life of the said E. F., without impeachment of waste, In trust to allow her and her assigns to hold the same, or take the rents and profits thereof, for her separate use, exclusive of the said C. D., and of during wife's life, in trust for her separate use; The interposition of trustees seems at first to have been considered essential for the protection of the wife's separate interest: Harvey v. Harvey, 1 P. Wms. 125; Burton v. Pierpoint, 2 P. Wms. 19; and is still usual and proper (see Gilbert v. Lewis, 1 N. R. 111), though if land or personalty be settled on a married woman for her separate use, without the precaution of vesting it in trustees, equity will effectuate the intention, and protect the wife's interests by converting her husband into a trustee for her: Bennet v. Davis, 2 P. Wms. 316; Davison v. Atkinson, 5 T. R. 434; and, when property is so settled, the wife has to some extent the same power of disposition over it as if she were unmarried: supra, p. 217, n. (a). PRECEDENT XI. TO SEPARATE USE OF A MARRIED WOMAN. USE of the his debts, interference, and control, and her receipts alone shall be sufficient discharges for such rents and profits, and she shall not be impeachable for waste; And from and after her decease To THE said C. D. and his assigns during his life, without impeachment of waste; And from and after the decease of the said C. D., TO THE USE of the survivor of the of husband and said C. D. and E. F., and his or her heirs and assigns for ever: [Covenants for title by A. B. with G. H., supra, -remainder to use of husband for life; -remainder to heirs of survivor wife. p. 211, and ante, Vol. i. p. 188.] IN WITNESS, &c. XII. an ADMINISTRATION SUM PRECEDENT XII. CONVEYANCE of FREEHOLDS sold under a DECREE in CHANCERY made on MONS (a). ON A SALE IN CHANCERY UNDER AN ADMINISTRA TION SUMMONS. 1. Parties. THIS INDENTURE, made, &c., between A. B., of, &c. [trustee for sale], of the first part, C. D., of, &c. [pur (a) Few estates are now administered upon a summons under the Act 15 & 16 Vict. c. 86, the procedure by bill being usually preferable; but, as the form of conveyance to a purchaser is substantially the same in either case, the precedent is preserved. The will in the text contains no express power to give receipts: the statute above cited, however, operates equally, whether the Implied power to power be expressed or implied; and even in cases not within the give receipts. Act 22 & 23 Vict. c. 35, s. 23, or 24 & 25 Vict. c. 145, trustees take by implication a power to give receipts where the trusts are of such a nature that a contrary intention cannot reasonably be attributed to the author of the trust,-as where the trust is for payment of debts generally, or of debts generally and also of specified debts, legacies, or annuities, or for payment to persons who may be unascertained, or under age, or under any disability, and a sale during the existence of such uncertainty, minority, or disability seems contemplated by the author of the trust,- -or where the money is to be applied upon trusts which require time and discretion: |