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![handle is hein.slavery/ssactsengr0842 and id is 1 raw text is: their heirs, executors, administrators and assigns. (10 Bing. 44 ; see Le Gros v. Cockerell,
ante, vol. v. 384, and In re Tyas, Ibid. 451.)
N. C. TYNDAL. S. GASELEE.
J. A. PARK. J. B. BOSANQUET.
On the case coming on again before the Vice-Chancellor, on the 2d July 1833,
His HONOR made a declaration in the terms of the certificate.
[121] KNIGHT v. KNIGHT. April 16, 1834.
[S. C. 3 L. J. Ch. (N. S.) 187.]
Settlement. Construction. Separate Use.
By a marriage settlement, money and stock were assigned to trustees, in trust, to
receive the income during the life of the lady, and pay the same to her for her
separate use, or as she should appoint, notwithstanding her coverture, but no payment
to be made by anticipation, and it was declared that the income should not be
subject to the debts, &c., of R. G., her intended husband, and, after her decease, in
case he should survive, in trust to permit him to receive the income for his life,
&c. The husband died in the lifetime of his wife, and she married again. Held,
that the provision for the separate use of the lady without anticipation was
confined to the first marriage.
By the settlement made in contemplation of the marriage between Robert Giveen
and Caroline Lambert, dated the 26th of July 1824, the lady assigned and transferred
to trustees a messuage in Wimpole Street and certain sumns of money and stock, in
trust, after the marriage, to receive the income of the trust property, during her life,
and pay the same into her bands for her own sole and separate use and benefit, or
as she should by writing under her hand, notwithstanding her coverture, direct or appoint,
but no payment to be made by anticipation or before the same should become due.
And it was declared that the said income should not be subject or liable to the power,
control, debts, forfeiture, intermeddling, engagements or incumbrances of Robert
Giveen, her intended husband, in any manner whatsoever, and that the receipt or receipts
of Caroline Lambert, signed with her own hand, or of such person or persons as she
should appoint in writing, should, from time to time, be a good and sufficient discharge
or discharges for the same, and, from and immediately after her decease, in case
Robert Giveen should survive her, in trust to permit and suffer him to receive and
take such income for his life, and, from and after the decease of [122] the survivor
of them, in trust for the benefit of all and every the children or child of Caroline
Lambert by Robert Giveen or any future husband after his decease, in manner following
(that is to say), in case there should be but one child of Caroline Lambert by Robert
Giveen or anyfuture husband as aforesaid, the whole of such trust premises and the
income thereof to belong to such child, and to be vested in him or her at the usual
periods, and to be transferred or assigned to him or her, at the same time, if the same
should happen after the decease of the survivor of them the said Robert Giveen and
Caroline Lambert; but, if the same should happen in the lifetime of them or the
survivor of them, then immediately after the decease of such survivor; and, if there
should be two or more children of Caroline Lambert by Robert Giveen, her intended
husband, or any future husband, then the whole of such trust premises and the income
thereof to be for the portions of such two or more children, and to be divided between
or among them in equal shares, and the shares to be vested in them respectively at
the usual times, and to be transferred or assigned to them at the same times, if the
same should happen after the decease of the survivor of Robert Giveen and Caroline
Lambert, but if not, then immediately after the death of the survivor; and in case
there should be no child or issue of Caroline Lambert who, under the trusts therein-
before declared, should become entitled to a vested interest in the trust premises,
then in trust that the trustees should, after the decease of the survivor of Robert
Giveen and Caroline Lambert, his intended wife, stand possessed of the trust premises,
540
KNIGHT V. KNIGHT
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