Marriage Settlement - Law Dictionary Search Results
Pious purpose
Pious purpose, a Hindu father or any other manag-ing member has power to make a gift within reasonable limits of ancestral immovable property for pious purposes but a gift by the father-in-law to the daughter-in-law at the time of marriage cannot by any stretch of reasoning be called a pious pur-poses, Ammathayee v. Kumaresan, AIR 1967 SC 589 (578).Means a gift for charitable and religious purposes. But the court has extended the meaning of 'pious purposes' to cases where a Hindu father makes a gift within reasonable limits of immovable ancestral property to his daughter in fulfilment of an antenuptial promise made on the occasion of the settlement of the terms of her marriage, and the same can also be done by the mother in case the father is dead. The scope of pious purpose does not extend to a gift by a husband to his wife of immovable ancestral property. Even the father-in-law would not be competent to make a gift at the time of the marriage of his daughter-in-law in so far as immov...
Conversion, equitable
Conversion, equitable. It is an established principle that money directed to be employed in the purchase of realty, and realty directed to be sold and turned into money, are considered inequity as that species of property into which they are directed to be converted; and this, in whatever manner the direction is given; whether by will, or contract, marriage articles, settlement, or otherwise; and whether the money is actually deposited, or only covenanted to be paid, or whether the land is actually conveyed, or only agreed to be conveyed, Fletcher v. Ashburner, (1779) 1 Bro CC 497; 1 W&TLC. This principle is governed by the doctrine of equity, that that which ought to be done shall be deemed as actually done.The property thus equitably transmuted by anticipation will possess all the qualities, incidents, and peculiarities of that kind of property into which it is destined to be changed. See 3 & 4 Wm. 4, c. 74, s. 71.But the beneficiary, or all the beneficiaries together, provided they ...
Executory trusts
Executory trusts. In the case of articles of agreement, made in contemplation of marriage, and which are consequently preparatory to a settlement, and in the case of those wills which are merely directory of a subsequent conveyance, the trusts declared by them are said to be executory or imperfect, because they require an ulterior act to raise and perfect them. They are rather considered as instructions for settlements than as instruments in themselves complete; and therefore Equity, in order to promote the presumed views of the parties in the one case and to support the manifest intention of the testator in the other, will attach to the words expressive of the trusts a more liberal and enlarged construction than they would admit if applied either to the limitation of a legal estate or a trust executed, 1 Sand. Uses and Trusts, 237, Lord Glenorchy v. Bosville, (1733) Cas Temp Talb 3; 1 W&TLC....
Articles
Articles, divisions and paragraphs of a document or agreement. It is a common practice for persons to enter into articles of agreement, preparatory to the execution of a formal deed, whereby it is stipulated that one of the parties shall convey to the other certain lands, or release his right to them, or execute some other disposition of them.Articles are therefore considered as a memorandum or minute of an agreement to make some future disposition or modification of property. Such an instrument will create a trust or equitable estate, and a specific performance of it will be decreed inequity.Articles are usually entered into for the purchase and sale of lands, for the taking and granting of leases, for making settlements on marriage, and for forming partnerships. And see ASSOCIATION.And see IMPEACHMENT....
Primogeniture
Primogeniture, seniority, eldership, state of being first-born.The right of primogeniture obtaining in the United Kingdom was that right whereby the eldest son succeeded to all the real estate of an intestate parent. An analogous right of succession is frequently given by will, and even more frequently given and preserved by marriage or other settlement. The right was not acknowledged by the Romans; sons and daughters all shared equally the property of their parents; and in continental coun-tries exists in a modified form only, if at all. See Eyre Lloyd's 'Rights of Primogeniture and Succession.' In England the customs of gavelkind and Borough-English were almost the only exceptions to this Norman rule of inheritance.The right, which was a corner-stone of the social structure in England, has been swept away by the land legislation of 1925. See DESCENT. Hereditary dignities and titles of honour are not affected. [Cf. Law of Property Act, 1925, s. 201 (2)]Means first born and denotes the...
Separate estate
Separate estate. The Common Law did not allow a married woman to posses any property independently of her husband, but when property was settled to her separate use and benefit, equity treated her, in respect to that property, as a feme sole, or unmarried woman. A wife's separate property might be acquired by a pre-nuptial contract with her husband, or by gift, either from the husband, or from any other person. the (English) Married Women's Property Act, 1882 (see MARRIED WOMEN'S PROPERTY), almost abolished the Common Law distinction between married and unmarried women in respect of property, and the amending (English) Act of 1893 (56 & 57 Vict. c. 63) provided (s. 1) that:-1. Every contract hereafter entered into by a married woman otherwise than as agent,(a) shall be deemed to be a contract entered into by her with respect to and to bind her separate property whether she is or is not in fact possessed of or entitled to any separate property at the time when she enters into such contr...
Postnuptial
Being or happening after marriage as a postnuptial settlement on a wife...
Designated by the conflict rules
Designated by the conflict rules, that the conven-tion did not prevent the application of provisions of law designated by a forum's conflict rules, including provisions relating to the personal and proprietary effect of marriage, so long as those provisions could not be derogated from, CVC (Ancillary) Relief Nuptial Settlement, (2004) 2 WLR 146 [Recognition of Trusts Act, 1985, Art. 15 (English)]...
Equity to a settlement (Wife's)
Equity to a settlement (Wife's). Prior to the Married Women's Property Acts (see MARRIED WOMEN'S PROPERTY), the law permitted a husband to possess himself absolutely of the whole of his wife's personal property and the rents and profits, during the coverture, of her realty; the consequence of which was that the wife, however great her fortune, might be left destitute. Whenever, therefore, he or any person claiming in his right was obliged to come into a Court of Equity for the recovery of the wife's property, the Court, as the price of its assistance, required him to make a settlement of some portion of it in favour of the wife and her children, the rule being to settle one-half in ordinary cases, but the whole if the husband were insolvent or had deserted his wife or there had been a dissolution of marriage on the ground of his adultery, Barrow v. Barrow, (1854) 5 De GM&G 782; Morgan v. Morgan, (1854) 2 Eq Rep 1270. The (English) Married Women's Property Act, 1882, by leaving a wife's...
Settled land
Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement; and 'settlement' meant any instrument, or any number of instruments, under which any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory definitions in the Settled Land Act, 1925, which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, see Re Du Cane & Nettlefold, (1898) 2 Ch 96; Re Munday & Roper, (1899) 1Ch 275; Re Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts.Prior to 1856 settled estates could not be sold or leased except under the authority of some po...
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