LEVIES BUREAU |
| DIRECTOR Bartoslav Darkhan |
ABOUT
A case lately occurred, where a conveyance had been made to A. B. to uses to bar dower. A. B., on his second marriage, appointed and released the estate to the use of himself for life, with remainder to the use, intent, and purpose that his intended wife might thereout receive and take an annuity of 1500/. a-year if she should survive the said A. B., and subject thereto to the use of the said A. B. in fee, but with power for the wife, notwithstanding her coverture, to levy and raise the sum of 2000i. out of the estate for the use of the children of the intended marriage, and to appoint any term of years therein to any person for better raising the same as she should think fit. On the solemnization of the marriage, the settlement was handed over to the wife, who kept it in her own bureau, but the husband retained the title deeds and the conveyance to himself in fee. A year or two afterwards, the husband borrowed a sum of 3000/. on the estate, which he represented to be free from incumbrances. The mortgagee had no notice of the settlement, and it was not necessary for him to inquire about the dower of the borrower's wife, as the conveyance to him was to the common uses to bar dower. Some time after, the husband became bankrupt, when the
In conveyances creating trusts there should be clauses enabling the trustees to deduct expenses; and sometimes an express allowance should be given them for their time and trouble ; that they shall not be answerable for monies not actually received by them, or for what shall be lost without their fault.*