BONDS. Pay money (to trustees). with interest for the same, after the rate of £5 per cent. per annum, on the day of which will be in the without any deduction or abatement whatsoever (1). THEN, &c. or else, &c. year Indemnity. (1) If the money be lent without a power being contained for that purpose in the settlement, add clause of indemnity, as ante, p. 137. No. CCXXXVII. Bond by an intended Husband for payment of a Sum of Money to Variations where it is of an Annuity. BONDS. Pay money (wife surviving). day of tlement. KNOW ALL MEN, &c. (2) WHEREAS by an indenture (3) bearing Recital of setdate the which was in the year purporting to be a settlement made in contemplation of a marriage then intended, and which afterwards took effect between the said (husband) and the said (wife), and made or expressed to be made between the said (husband) of the first part, the said (wife) of the second part, and the said (trustees) of the third part, the said (husband) in consideration of the said then intended marriage (4) co tees. (1) This bond should be entered into with a trustee; but if given to Bond to be the intended wife herself before marriage, it will be good in equity; for given to trusthough it will by the marriage be absorbed in law, yet it will in equity be considered as an agreement before marriage, and substantiated accordingly; Acton v. Acton, Prec. Chan. 237; Acton v. Pierce, 2 Vern. 480. And a bond given by the wife to her intended husband will also be good upon the same principle; Cannell v. Buckell, 2 P. Wms. 243. (2) See the form of obligation ante, p. 77. (3) When the property is small, and there is no provision to be made for children, it is frequently the practice to dispense with the settlement, and to depend upon the bond of the husband for securing a provision for the wife in the event of his decease; in which case say, “WHEREAS a marriage hath been agreed upon, and is intended to be shortly had and solemnized between the said (intended husband) and (intended wife). AND WHEREAS upon the treaty for the said marriage it was agreed that the said (intended husband) should leave the said (intended wife) the sum of L in the event of her surviving him, and should secure the same by entering into the above written obligation with such condition, &c." as above. When settlesary. ment unneces (4) A bond in notion of law implies a consideration, by reason of its Voluntary bond penal and special nature; but as it is in equity considered rather as an void in equity. BONDS. Pay money venanted to leave or secure to the said (wife) his then intended wife, (wife surviving). paid within the space of and it was thereby agreed that the same should be secured by the bond or obligation of the said (husband) with such condition for CONDITION. making void the same as hereinafter is expressed. NOW THE CONDITION of the above written obligation is such, that if the said (wife) shall survive him the said (husband) (2), and the said (husband) do and shall in and by his last will and testament bequeath or direct to be paid unto the said (wife), her executors, administrators, or assigns, the full sum of £ of lawful money of the United Kingdom of Great Britain and Ireland, within the space of calendar months next after his decease, and if his executors or administrators do and shall well and truly pay the same within the said space or period aforesaid, without any deduction or abatement whatsoever, for her and their own proper use and benefit (3). &c. or else, &c. THEN, persons. agreement between the obligor and obligee, than as a security on the as against third part of the obligee only, it will be set aside there in favour of third persons, if proved to be given without or for an illegal consideration; Clarke v. Periam, 9 Mod. 340, 2 Atk. 333, S. C.; Debenham v. Oxe, 1 Ves. 276; it is proper therefore that the reason of the bond should be recited; Traiton v. Traiton, 1 Vern. 413; it will however be good against the obligor himself; Wright v. More, 1 Ch. Rep. 157. (1) If bond be to leave the wife annuity, say, "An annuity or clear yearly sum of £ her natural life." Annuity. Annuity. for the term of (2) If the condition of the bond be to leave the wife an annuity, say, "If the said wife shall survive him the said (husband), and the said (husband) do and shall by his last will and testament in writing, bequeath and well and sufficiently secure unto the said (wife) and her assigns, one annuity or clear yearly sum of £ during the term of her natural life, to be payable and paid by equal quarterly payments in each year, with proper and effectual powers and remedies for recovering the same. THEN, &c. or else, &c. (3) See also post. p. 179. No. CCXXXVIII. *Bond by an intended Husband upon his Marriage, for the Payment of a sum of Money [or an annuity] to his Wife or her Appointees upon his decease, if she survive him, and to permit her to make a Will. KNOW ALL MEN, &c. (1). WHEREAS a marriage is intended to be shortly had and solemnized between the said (obligor) and (intended wife) of, &c. AND WHEREAS the said (obligor) has agreed in consideration of the property which upon the said marriage taking effect he will become entitled to, in right of his said wife, in the manner mentioned in a certain indenture of even date with the above written obligation, and made between the said (intended wife) of the first part, the said (obligor) of the second part, and the said [obligees being trustees], to bequeath or otherwise secure unto her the sum of £ upon his deccase in her life-time, or to her appointees in case of his surviving her. Now THE CONDITION CONDITION. of the above-written obligation is such, that if the said intended marriage shall take effect, and he the said (obligor), his heirs, executors, and administrators, do and shall by his last will and testament or otherwise secure and cause to be paid unto the said (intended wife) his intended wife, within the space of six calendar months next after his decease, in case she shall survive him, and in case of his departing this life in the life-time of her the said (intended wife), then unto such person or persons as she the said (intended wife), notwithstanding her coverture, shall by any deed, will, or codicil, or any writing or writings in the nature of or purporting to be such, direct or appoint, the full and clear sum of £ of lawful money of the United Kingdom of Great Britain and Ireland (2), to and for her and their own proper use (1) See form of obligation, ante, p. 77. See also Notes to No. Obligation. CCXXXIV. ante, p. 172. 1 (2) If an annuity, sec ante, p. 173. n. (2). Annuity. BONDS. Pay money (wife's appointee). And make will. and benefit, and if the same shall be well and truly paid accordingly. |