CAP. 179]
Divorce.
FORM 22.
PETITION FOR VARIATION OF SETTLEMENTS.
(General Heading)
The Petition of C. B., the lawful wife of A. B.
SHEWETH:
1. That on the day of this Honourable Court pronounced a decree nisi for the dissolution of the marriage of your petitioner with the said A. B.
(If the petition is filed after a decree of nullity of marriage the above must be altered accordingly).
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 (here set out particulars of the settled property) upon trust, 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 children of the marriage as set forth in paragraph 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 settlement 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.
398
CAP. 179]
Divorce.
FORM 22.
PETITION FOR VARIATION OF SETTLEMENTS.
(General Heading)
The Petition of C. B., the lawful wife of A. B.
SHEWETH:
1. That on the
day of
this Honourable
Court pronounced a decree nisi for the dissolution of the marriage of your petitioner with the said A. B.
(If the petition is filed after a decree of nullity of marriage the above must be altered accordingly).
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 possesed of (here set out particulars of the settled property) upon trust, during the joint lives of the petitioner and the respon- dent, 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 settle-
ment 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 settlement 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.
398
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