★ Find a new page on our Untranscribed Manuscripts list.
Auto upload |
No edit summary |
||
| (4 intermediate revisions by one other user not shown) | |||
| Line 2: | Line 2: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
'' | <p>1826. Oct.<hi rend="superscript">r.</hi> 25.</p> | ||
<head>Review of Humphreys</head> | |||
<p>III. Marriage settlement</p> | |||
<p>17.</p> | |||
<p><gap/>. What if a daughter<lb/> | |||
where there are no caheiresses,<lb/> | |||
marries before<lb/> | |||
majority in father's<lb/> | |||
life time having<lb/> | |||
issues: no apportionment<lb/> | |||
made by Father<lb/> | |||
on an <sic>incompleation</sic>?</p> | |||
<p>18</p> | |||
<p>A<hi rend="superscript">o</hi>. Father's appointment,<lb/> | |||
by what instrument<lb/> | |||
makeable?<lb/> | |||
Deed or will? of will,<lb/> | |||
nothing said.</p> | |||
<p>19</p> | |||
<p>A<hi rend="superscript">o</hi>. Guardians, not<lb/> | |||
said who: and property.<lb/> | |||
But to the Code of<lb/> | |||
the subject reference<lb/> | |||
for this should have<lb/> | |||
been made, and in<lb/> | |||
that Code reference<lb/> | |||
to the General Civil or<lb/> | |||
say Right-enforcing<lb/> | |||
Code. If yes, <hi rend="underline">Guardians</hi><lb/> | |||
might be omitted.<lb/> | |||
In the Code, the use of<lb/> | |||
Guardians will have<lb/> | |||
been provided for.<lb/> | |||
Note that Guardians<lb/> | |||
are but one species<lb/> | |||
of <hi rend="underline">Trustees</hi>. | |||
</p> | |||
<p>20</p> | |||
<p>N<hi rend="superscript">o</hi>. <hi rend="underline">Capital</hi> preferred<lb/> | |||
by J.B. as more appropriate<lb/> | |||
than H's benefit.<lb/> | |||
Preferment seems<lb/> | |||
to allude to purchase<lb/> | |||
of a living.</p> | |||
<p>21</p> | |||
<p>N<hi rend="superscript">o</hi>. H so meant,<lb/> | |||
mention of such reservation <lb/> | |||
directly,<lb/> | |||
is clearer than H's<lb/> | |||
form.</p><pb/> | |||
<p>III. Marriage Settlement</p> | |||
<p>22.</p> | |||
<p>For Guardians, no<lb/> | |||
power of apportionment<lb/> | |||
is intended: the apportionment<lb/> | |||
he finds already<lb/> | |||
made by the Father<lb/> | |||
in Law: all he operates<lb/> | |||
upon is the portion<lb/> | |||
so fixt.</p> | |||
<p>23.</p> | |||
<p>N<hi rend="superscript">o</hi>. Preferable to H's<lb/> | |||
complicated is the more<lb/> | |||
sample expression, age<lb/> | |||
of emancipation.</p> | |||
<p>For explanation, reference<lb/> | |||
might be made<lb/> | |||
to the accompanying Code<lb/> | |||
in males, it would be<lb/> | |||
majority: in females,<lb/> | |||
majority on marriage</p> | |||
<p>24.</p> | |||
<p>N<hi rend="superscript">o</hi>. Daughter marrying<lb/> | |||
whether once or<lb/> | |||
more than once father<lb/> | |||
dying, she still under age,<lb/> | |||
with or without a child<lb/> | |||
or children living at his<lb/> | |||
death, no one of these incidents<lb/> | |||
will vary the portion<lb/> | |||
she is entitled to at <lb/> | |||
her father's. But should<lb/> | |||
it influence guardian's<lb/> | |||
power of advancing half<lb/> | |||
or</p> | |||
<p>At her marriage, her<lb/> | |||
father may have given<lb/> | |||
her nothing: or nothing<lb/> | |||
by apportionment under<lb/> | |||
this settlement.<lb/> | |||
It should go to her entire.</p><pb/> | |||
<p>(2</p> | |||
<p>III. Marriage Settlement.</p> | |||
<p>25.</p> | |||
<p>Cases brought to view<lb/> | |||
by H. <del>not</del> yet not provided<lb/> | |||
for.</p> | |||
<p>1. In dying in minority<lb/> | |||
before Father, yet leaving<lb/> | |||
child or children.</p> | |||
<p>2. So Daughter.</p> | |||
<p>26.</p> | |||
<p>Simplified the provision<lb/> | |||
would have been<lb/> | |||
and so far improved<lb/> | |||
if this 21 years had<lb/> | |||
remained uncreated.<lb/> | |||
Aristocratical sentimentality,<lb/> | |||
produced H's<lb/> | |||
admission of it.</p> | |||
<p>Not presuming to substitute <lb/> | |||
his <unclear>auro</unclear>, J.B.<lb/> | |||
fills up the gap on the<lb/> | |||
assumed principle:<lb/> | |||
rather than have families<lb/> | |||
at the mercy<lb/> | |||
of Common Law: a <lb/> | |||
<hi rend="underline">hydra</hi> he takes every<lb/> | |||
occasion of <del>securing</del><add>scarily</add><lb/> | |||
the neck.</p> | |||
<p>27.</p> | |||
<p>In an Aristocratical<lb/> | |||
family, such as <hi rend="underline">Allen's</hi>,<lb/> | |||
no common incident,<lb/> | |||
of the part of a son,<lb/> | |||
is such early marriage<lb/> | |||
with consent:<lb/>and to a daughter<lb/> | |||
early enough with consent, <lb/> | |||
for her to have<lb/> | |||
children of both sexes.</p><pb/> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. Oct.r. 25.
Review of Humphreys
III. Marriage settlement
17.
. What if a daughter
where there are no caheiresses,
marries before
majority in father's
life time having
issues: no apportionment
made by Father
on an incompleation?
18
Ao. Father's appointment,
by what instrument
makeable?
Deed or will? of will,
nothing said.
19
Ao. Guardians, not
said who: and property.
But to the Code of
the subject reference
for this should have
been made, and in
that Code reference
to the General Civil or
say Right-enforcing
Code. If yes, Guardians
might be omitted.
In the Code, the use of
Guardians will have
been provided for.
Note that Guardians
are but one species
of Trustees.
20
No. Capital preferred
by J.B. as more appropriate
than H's benefit.
Preferment seems
to allude to purchase
of a living.
21
No. H so meant,
mention of such reservation
directly,
is clearer than H's
form.
---page break---
III. Marriage Settlement
22.
For Guardians, no
power of apportionment
is intended: the apportionment
he finds already
made by the Father
in Law: all he operates
upon is the portion
so fixt.
23.
No. Preferable to H's
complicated is the more
sample expression, age
of emancipation.
For explanation, reference
might be made
to the accompanying Code
in males, it would be
majority: in females,
majority on marriage
24.
No. Daughter marrying
whether once or
more than once father
dying, she still under age,
with or without a child
or children living at his
death, no one of these incidents
will vary the portion
she is entitled to at
her father's. But should
it influence guardian's
power of advancing half
or
At her marriage, her
father may have given
her nothing: or nothing
by apportionment under
this settlement.
It should go to her entire.
---page break---
(2
III. Marriage Settlement.
25.
Cases brought to view
by H. not yet not provided
for.
1. In dying in minority
before Father, yet leaving
child or children.
2. So Daughter.
26.
Simplified the provision
would have been
and so far improved
if this 21 years had
remained uncreated.
Aristocratical sentimentality,
produced H's
admission of it.
Not presuming to substitute
his auro, J.B.
fills up the gap on the
assumed principle:
rather than have families
at the mercy
of Common Law: a
hydra he takes every
occasion of securingscarily
the neck.
27.
In an Aristocratical
family, such as Allen's,
no common incident,
of the part of a son,
is such early marriage
with consent:
and to a daughter
early enough with consent,
for her to have
children of both sexes.
---page break---
|
Identifier: | JB/078/010/002"JB/" can not be assigned to a declared number type with value 78. |
|||
|---|---|---|---|
|
1826-10-25 |
17-27, 1-16, 1-9 |
||
|
078 |
Review of Humphreys |
||
|
010 |
Review of Humphreys |
||
|
002 |
III Marriage settlement |
||
|
Marginal summary sheet |
2 |
||
|
recto |
E2 / E1 |
||
|
J WHATMAN TURKEY MILL 1824 |
|||
|
Jonathan Blenman |
|||
|
1824 |
|||
|
25101 |
|||
