SETTLEMENT. A residence under such circumstances as to entitle a person tc support or assistance in case of becoming a pauper.
2. It is obtained in various ways, to wit: by birth; by the legal settlement of the father, in the case of minor children; by marriage ; by continued residence ; by the payment of requisite taxes; by the Jarful exercise of a public office; by hiring and service for a specified time; by serving an apprenticeship; and perhaps some others, which depend upon the local statutes of the different states. See 1 Blackstone, Comm. 363 ; 1 Dougl. 9; 6 Serg. & R. Penn. 103, 565; 10 id. 179.
In Contracts. An agreement by vvhich two or more persons who have dealings to gether so far arrange their accounts as to ascertain the balance due from one to tho other ; payment in full.
The conveyance of an estate for the benefit of some person or persons.
3. Settlements of the latter class are usually made on the prospect of marriage, for the benefit of the married pair, or one of them, or for the benefit of soine other persons; as, their children. Such settlements vest the property in trustees upon specified terms, usually for the benefit of the husband and wife during their joint lives, and then for the benefit of the survivor for life, and afterwards for the benefit of children.
Ante-nuptial agreements of this kind will be enforced in equity by a specific perform ance of them, provided they are fair and valid and the intention of the parties is con sistent with the principles and policy of law.
8 Blackf. Ind. 284; 4 R. I. 276; 28 Penn. St. 73; 7 Pet. 348; 9 How. 196. Settlements after marriage, if made pursuance of an agreement in writing entered into prior to the marriage, are valid both against cre ditors and purchasers. 22 Ga. 402.
4. When made without consideration, after marriage, and the property of the husband is settled upon his wife and children, the settlement will be valid against subse quent creditors if at the time of the settle ment being made he was not indebted, 8 Wheat. 229; 4 Mas. C. C. 443; 21 N. H. 34; 28 Miss. 717 ; 25 Conn. 154; but if he was then indebted it will be void as to the credit ' ors existing at the time of the settlement, 3 Johns. Ch. N. Y. 481 ; 16 Barb. N. Y. 136; 5 Md. 68; 13 B. Monr. Ky. 496 ; 15 Eng. L. & Eq. 265; 8 Wheat. 229, unless in cases where the husband received a fair considera tion in value of the thing settled, so as to repel the presumption of fraud. 2 Ves. Ch. 16 ; 10 id.139 ; 6 Ind. 121 ; 28 Ala. N. s. 432 ; 7 Pick. Mass. 533 ; 4 Mas. C. C. 443. See 1 Madd. Ch. 459 ; 1 Chitty, Pract. 57 ; 2 Kent, Comm. 174 ; Roberts, Fraud. Conv. 188