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same here as in sale</p> | same here as in sale</p> | ||
<p>2.</p> | <p>2.</p> | ||
<p>N.<hi rend="superscript">o</hi>9. Wife's fortune not<lb/> | <p>N.<hi rend="superscript">o</hi> 9. Wife's fortune not<lb/> | ||
mentioned.</p> | mentioned.</p> | ||
<p>S.B. has added a topic<lb/> | <p>S.B. has added a topic<lb/> | ||
| Line 33: | Line 33: | ||
<p>Might it not be next<lb/> | <p>Might it not be next<lb/> | ||
to wedding night.<lb/> | to wedding night.<lb/> | ||
Mortgagee's day of payment<lb/> | |||
half yearly, and<lb/> | half yearly, and<lb/> | ||
first day mentioned,<lb/> | first day mentioned,<lb/> | ||
| Line 60: | Line 60: | ||
<p>7.</p> | <p>7.</p> | ||
<p>N<hi rend="superscript">o</hi>. 4.5.6. Should or<lb/> | <p>N<hi rend="superscript">o</hi>. 4.5.6. Should or<lb/> | ||
should | should not Wife's parentage<lb/> | ||
be added? In<lb/> | be added? In<lb/> | ||
his Code, Art 22, he makes<lb/> | his Code, Art 22, he makes<lb/> | ||
| Line 73: | Line 73: | ||
jointure) separate Life<lb/> | jointure) separate Life<lb/> | ||
provision (called Pin money)<lb/> | provision (called Pin money)<lb/> | ||
at 5: to 2: to<lb/> | |||
of younger children's provision<lb/> | of younger children's provision<lb/> | ||
as 1. to 10.</p> | as 1. to 10.</p> | ||
<p>9.</p> | |||
<p>N<hi rend="superscript">o</hi>. Same silence as<lb/> | |||
to days of payment.</p> | |||
<p>10.</p> | |||
<p>N<hi rend="superscript">o</hi>. Dower as inadequate<lb/> | |||
should be abolished for<lb/> | |||
an equivalent by Code.</p> | |||
<p>11.</p> | |||
<p>N<hi rend="superscript">o</hi>. Note. younger children's<lb/> | |||
portion is charged<lb/> | |||
on the estate, is over and<lb/> | |||
above jointure.</p> | |||
<p>12.</p> | |||
<p>N<hi rend="superscript">o</hi>. <hi rend="underline">Said</hi>, by whom widow's<lb/> | |||
jointure and younger<lb/> | |||
children's provision,<lb/> | |||
is to be received; <hi rend="underline">not</hi> by<lb/> | |||
whom paid. Of course by <lb/> | |||
the possession of the Estate.<lb/> | |||
But who if he fails?<lb/> | |||
Should not provision<lb/> | |||
be made for this in the<lb/> | |||
<hi rend="underline">Code</hi>, and reference to it<lb/> | |||
in the instrument?<lb/> | |||
Should it not go to the<lb/> | |||
parties wronged? to the<lb/> | |||
widows or for their Children<lb/> | |||
to their Guardian?</p><pb/> | |||
<p>(1</p> | |||
<p>III. Marriage Settlement</p> | |||
<p>13.</p> | |||
<p>N<hi rend="superscript">o</hi>. Younger children<lb/> | |||
an expression in universal <lb/> | |||
use. By definition<lb/> | |||
in the Code, it's laxity<lb/> | |||
may be cured.</p> | |||
<p>To avoid it, the <unclear>runs</unclear><lb/> | |||
into <hi rend="underline">involvedness</hi> See<lb/> | |||
<hi rend="underline">Agenda</hi>.</p> | |||
<p>14.</p> | |||
<p>N<hi rend="superscript">o</hi>. By more apt <del>postponement</del><lb/> | |||
location,<lb/> | |||
these postponements<lb/> | |||
are spared J.B.</p> | |||
<p>15.</p> | |||
<p>N<hi rend="superscript">o</hi>. After Father's<lb/> | |||
death, to whom the estates?<lb/> | |||
J.B. not certain whether<lb/> | |||
the deposition he<lb/> | |||
expresses is that meant<lb/> | |||
by H. Rare this case, of<lb/> | |||
a son marrying so early<lb/> | |||
as to have a child<lb/> | |||
or divers female children<lb/> | |||
before he is 21. True,<lb/> | |||
by it's rarity, need of providing<lb/> | |||
for it is not superseded.<lb/> | |||
But, to save<lb/> | |||
complication, might it<lb/> | |||
not be discouraged:<lb/> | |||
for example, by putting<lb/> | |||
him in that case, on the<lb/> | |||
footing of a younger child, <lb/> | |||
his children taking<lb/> | |||
amongst them the pretence<lb/> | |||
he would have in<lb/> | |||
that character? Eldest<lb/> | |||
son style First Eventual<lb/> | |||
successor to the Estate.</p> | |||
<p>16.</p> | |||
<p>N<hi rend="superscript">o</hi>. Omitt in instrument,<lb/> | |||
insert in Code,<lb/> | |||
provision for unpleasant<lb/> | |||
occurrences.</p> | |||
<p>1. Utter</p> | |||
<p>2. Adultery of Wife.</p> | |||
<p>3. Elopement of d<hi rend="superscript">o</hi>.</p> | |||
<p>4. Cruelty of husband.</p> | |||
<p>5. Infancy of children.</p><pb/> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. Oct.r 25.
Review of Humphrey
III. Marriage Settlement.
1.
J.B. learner and teacher:
Marriage settlement
nine first topics, (time
of payment excepted,)
same here as in sale
2.
N.o 9. Wife's fortune not
mentioned.
S.B. has added a topic
for it.
No provision made
for the case where Wife's
fortune is in any other
shape or shapes than
3.
No.10. Pin money, two
fifths of her jointure.
4.
No.11. Year between
payment and payment.
Day of first payment
not mentioned.
Might it not be next
to wedding night.
Mortgagee's day of payment
half yearly, and
first day mentioned,
why not wife's?
5.
N.o12.13.13* Subject
to this and undermentioned
charges, the estate
remains to husband
for his life.
6.
N.o 14. Without impeachment
of waste
Per J.B. with right of
cutting timber. In
the Code of the subject
define this right. Odious
formula-without
impeachment of
waste. Eldon worth
36 millions without
do.
---page break---
III. Marriage Settlement.
7.
No. 4.5.6. Should or
should not Wife's parentage
be added? In
his Code, Art 22, he makes
absolute provisions for
her widowhood, without
noticing portion.
In Art 23, he gives power
for substituting settlement.
8.
Note. widowhood annual
provision (called
jointure) separate Life
provision (called Pin money)
at 5: to 2: to
of younger children's provision
as 1. to 10.
9.
No. Same silence as
to days of payment.
10.
No. Dower as inadequate
should be abolished for
an equivalent by Code.
11.
No. Note. younger children's
portion is charged
on the estate, is over and
above jointure.
12.
No. Said, by whom widow's
jointure and younger
children's provision,
is to be received; not by
whom paid. Of course by
the possession of the Estate.
But who if he fails?
Should not provision
be made for this in the
Code, and reference to it
in the instrument?
Should it not go to the
parties wronged? to the
widows or for their Children
to their Guardian?
---page break---
(1
III. Marriage Settlement
13.
No. Younger children
an expression in universal
use. By definition
in the Code, it's laxity
may be cured.
To avoid it, the runs
into involvedness See
Agenda.
14.
No. By more apt postponement
location,
these postponements
are spared J.B.
15.
No. After Father's
death, to whom the estates?
J.B. not certain whether
the deposition he
expresses is that meant
by H. Rare this case, of
a son marrying so early
as to have a child
or divers female children
before he is 21. True,
by it's rarity, need of providing
for it is not superseded.
But, to save
complication, might it
not be discouraged:
for example, by putting
him in that case, on the
footing of a younger child,
his children taking
amongst them the pretence
he would have in
that character? Eldest
son style First Eventual
successor to the Estate.
16.
No. Omitt in instrument,
insert in Code,
provision for unpleasant
occurrences.
1. Utter
2. Adultery of Wife.
3. Elopement of do.
4. Cruelty of husband.
5. Infancy of children.
---page break---
|
Identifier: | JB/078/010/003"JB/" can not be assigned to a declared number type with value 78. |
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1826-10-25 |
17-27, 1-16, 1-9 |
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078 |
Review of Humphreys |
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|
010 |
Review of Humphreys |
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|
003 |
III Marriage settlement |
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|
Marginal summary sheet |
2 |
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|
recto |
E2 / E1 |
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|
J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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25101 |
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