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(If the petition is filed after a decree of nullity of marriage the above must be altered accordingly).
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2. That by an ante-nuptial (or post-nuptial) settlement bearing date the
day of
a copy whereof is hereto annexed, it was witnessed that certain trustees therein named should stand possessed of there set out particulars of the settled property) upon rust, during the joint lives of the petitioner and the respondent, to pay two-thirds of the interest, dividends, etc., to the petitioner or to such persons as she should direct for her separate use, and the remaining one-third of the interest, dividends, etc., to the respondent for his own use and benefit; and from and after the decease of either of them to pay the whole of the interest, dividends, etc., to the survivor during his or her life; and from or after the decease of the survivor upon trust, for all or any of the children of the said marriage, according to the joint appointment of the petitioner and respondent, or the appointment of the survivor, or in default of appointment, for all the children of the said marriage who being a son or sons should attain twenty-one, or being a daughter or daughters should attain that age or be married with the consent of their parents or guardians, with an ultimate trust, on failure of children for the petitioner, if she should survive the respondent, but if not, then for such persons as she should by will appoint; and in default of such appointment, in trust for such persons as would be entitled to her moveable property if she had died intestate and had survived the respondent.
(The deed of settlement need not be filed).
3. That there are
forth in paragraph
children of the marriage as set of the petition filed in this suit, to which
your petitioner craves leave to refer.
4. That all the said trust funds mentioned in the said settlement were the sole property of your petitioner.
5. That the respondent has never given to nor settled upon the petitioner any property.
Wherefore your petitioner humbly prays:-That this Honourable Court will be pleased to decree that the said settlement may be varied by (here set out manner in which it is desired that the settle- ment should be varied), or in such other manner as to this Honourable Court may seem meet, and that your petitioner may have such further and other relief in the premises as is meet.
(Signed) C. B.
No. 33.
AFFIDAVIT IN SUPPORT OF APPLICATION FOR DECREE ABSOLUTE.
1, L. M. of
(General Heading.)
for A. B., the petitioner in this cause,
day of
make oath and say that on the
I carefully searched the books kept in the Registry of this Court for
the purpose of entering appearances, from and including the day of
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1
the day of the date of the decree nisi made in this cause. to the
day of
and that during such period no appearance has been entered in the said book by the Attorney General, or by or on behalf of any other person or persons whomsoever: And I further make oath and say, that I have also carefully searched the books kept in the said Registry for entering the minutes of proceedings had in this cause from and including the said
day of
to the and that no leave has been obtained by the Attorney General, or by any other person or persons whomsoever, to intervene in this cause, and that no affidavit or affidavits, instruments, or other documents whatsoever has been filed in this cause by the Attorney General or
day of
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