((1735), Gas. t. Talb. 26). By marriage articles Lord Lechmere covenanted to lay out 30,000 within one year after marriage in purchase of fee-simple lands in possession with consent of trustees, and settle the same as therein provided. The covenantor was seised of some lands in fee-simple at the time of his marriage ; and after his marriage he purchased some estates for lives, some reversionary estates in fee- simple, and after the year, and without the consent of the trustees, some fee-simple lands in possession. None of these properties were ever settled, but the covenantor simply died possessed of them, and the question was, whether these lands, or any and which of them, were to be taken as passing under the settlement by reason of the doctrine of performance, or whether they went to the heir-at-law. Held, (1) That the purchase made before the covenant could not go in performance of the subsequent covenant, as it could not have been so intended. (2) That the estates for lives, and reversionary estates in fee simple, purchased after the marriage, could not go in performance of the covenant, not being fee-simple lands in possession within the meaning of the covenant. (3) That the purchase of lands in feesimple made after the marriage, though not purchased within a year after the marriage, or with the consent of the trustees, or settled, must be intended to have been made in part performance of the covenant to lay out 30,000<\/p>\n<\/h4>\n
You might be interested in these references tools:<\/p>\n