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Strict Settlement

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

This phrase was formerly used to denote a settlement whereby land was limited to a parent for life, and after his death to his first and other sons or children in tail, with trustees interposed to preserve contingent remaintied up to the descendants of any person to the utmost extent permitted by law, and with the usual limitations for the settlement of real estate, is called a strict settlement. Mozley ^ W. A strict settlement limits an estate to the use of the husband for life, remainder to trustees to support contingent remainders, remainder to the wife for Ufe, remainder to other trustees for raising portions for younger children, remainder to the first and other sons in tail male, remainder to the daughters, as tenants in common, with cross-remainders between them, remainder to the husband in fee. The usual course with conveyancers, where property of the wife is settled, is to confer on the wife a power of appointment, in the event of there being no issue, so as to give her the option of defeating the limitations over of her estate. The object of a strict settlement is to put it out of the power of parents to deal with the corpus of an estate to the prejudice of their issue.

Wharton.