rising from his own acts.
Settlements.
The frame of a strict settlement of real estate, which is usually made
either on marriage or by way of resettlement on a tenant in tail under
an existing settlement attaining twenty-one, has been much simplified;
but such settlements still remain the most technical and most
complicated of legal instruments. By virtue of the Settled Land Acts
1882 to 1890, tenants for life and many other limited owners have
extensive powers of sale, of leasing, and of doing numerous other acts
required in a due course of management. These powers cannot be excluded
or fettered by settlors. They are, as a rule, considered in practice to
be sufficient, and the corresponding elaborate provisions formerly
inserted in settlements are now omitted, the operation of the acts being
merely supplemented, where desirable, by some extension of the statutory
powers, in relation, e.g., to the investment and application of capital
money. To complete the statutory machinery it is desirable that persons
should be nominated by the settlement trustees for the purposes of the
acts. Since the Conveyancing Act 1881, provisions for the protection of
jointresses or persons entitled under settlements to rent charges or
annual sums issuing out of the land are no longer required, as all such
persons have now powers of distress and entry, and of limiting terms to
secure their respective interests. Terms for raising portions must
still, however, be expressly created. The Conveyancing Act 1881 also
confers large powers of management during the minorities of infants
beneficially entitled upon persons either appointed for the purpose by
the instrument or being such trustees such as are mentioned in S 42. An
estate in tail may now be limited by the use of the words "in tail"
without the words "heirs of the body" formerly necessary. And a settlor
generally conveys "as settlor," by which only a covenant for further
assurance is implied under the Conveyancing Act 1881. Personal
settlements are most often made upon marriage. The settled property is
vested in trustees, either by the settlement itself, or in the case of
cash, mortgage debts, stocks or shares, by previous delivery or
transfer, upon trusts declared by the instrument.
The normal trusts after the marriage are (1) for investment; (2) for
payment of the income of the husband's property to him for life, and
of the wife's property to her for life for her separate us
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