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The Practice of Conveyancing (2)

The Practice of Conveyancing (2)


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About the Book

Volume: 2 General Books publication date: 2009 Original publication date: 1857 Original Publisher: Law Times Office Subjects: Conveyancing Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: CHAPTER II. MARRIAGE SETTLEMENTS. I. Introdoctory Observations. II. Proper Modes Of Assurance For Effecting Marriage Settlements. III. Practical Directions For Preparing The Settlement. 1. Parties. 2. Recitals. 3. Of the testatum clause. 4. Habendum clause. 5. Declaration of uses and trusts. 6. Powers and provisoes. I. Introductory Observations. It is not a common practice to investigate the title of the property intended to be settled with the same degree of scrutiny as in the case of a sale or mortgage; still, it will be necessary to discover what estate or interest the settlor takes in such property, as also the extent of his interest or his power of disposition over it; and, when the subject- matter of the settlement consists of real estate, it will also be essential to ascertain in whom the legal estate is vested, and, whenever it is practicable, to get in such legal estate, and vest the same in the trustees of the settlement; and in no case to leave it outstanding, either in the settlor or in any other person over whom he has any power or control; otherwise the settlor, by mortgaging the property to some person who has no notice of the settlement, might defeat the settlement to the extent of the mortgage. And if the property is subject to any incumbrances, and the settlor has the [p. C. -- vol. ii. J 3 E means of discharging them, the better plan will be to have them all discharged, so as to leave the settled property wholly free and unfettered; and, even if this cannot be arranged, the settlement ought always to c...


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Product Details
  • ISBN-13: 9781150249679
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 152 mm
  • No of Pages: 442
  • Spine Width: 25 mm
  • Width: 229 mm
  • ISBN-10: 1150249676
  • Publisher Date: 21 Dec 2009
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 644 gr


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