have the same free from the interference or control of any person whatsoever during the term of her natural life. Thirdly. In trust to convey the said land and premises to such person as she, the said M. B., by her last will and testament, or instrument in the nature of a last will and testament, subscribed by her, in the presence of two competent witnesses, may direct and appoint. And it is hereby further declared and agreed by and between the parties hereto, that upon the decease of the said M. B., the said above-recited trust shall cease and determine, and the said land and premises herein before described, shall belong in fee simple, absolute, to such person or persons as the said M. B. shall so as aforesaid direct and appoint, and in default of such appointment the said land and premises shall revert to the said party of the first part, and to his heirs, to his and their sole use and behoof forever. Provided always, nevertheless, and it is hereby expressly declared and understood by and between the parties thereto, that it shall and may be lawful, to and for the said party of the second part, his heirs and assigns, from time to time, to retain and reimburse to himself and themselves, out of the property hereby granted and assigned, all such costs, charges, and expenses as he or they may be put to in the performance or execution of the said trust or any thing relating thereto. And provided also that, in case the trustee herein appointed, or any succeeding trustee or trustees of the said trust estate, to be appointed as hereinafter mentioned, die, or shall neglect, decline, or be incapable to act in said trust, before the same shall be fully performed and executed, then, and as often as the same may happen, it shall and may be lawful for the said M. B., by any instrument of writing under hand and seal, to nominate, substitute, and appoint some other fit person or persons to be trustee or trustees of and in the said premises, in place and stead of the trustee or trustees so dying, neglecting, declining, or becoming incapable to act as aforesaid; and, upon such nomination and appointment, the person or persons so to be appointed, shall be and stand seized of the said premises, with the appurtenances in trust for the same uses, intents, and purposes, and subject to the provisos and conditions herein before mentioned and declared of and concerning the same. And the said A. B., for himself and his heirs, the above-described and hereby granted and released premises, and every part and parcel thereof, with the appurtenances, unto the said party of the second part, his heirs and assigns, against the said party of the first part and his heirs, and against all and every person and persons whomsoever, lawfully claiming, or to claim the same, shall and will warrant, and by these presents forever defend. In witness, &c. Appointment of a New Trustee in place of one Deceased. n Whereas, by a certain indenture, made, &c., between A. B., of, &c., of the first part, and C. D., of, &c., of the second part, certain real estate therein described was conveyed to the said C. D., upon certain trusts therein mentioned and declared; and whereas the said C. D., the trustee therein named, is since deceased, and the said trusts remain unperformed and unexecuted; now, therefore, I, M. B. of, &c., the wife of the said A. B., in pursuance and performance of the power and authority therein given and reserved to me for that purpose, have nominated and appointed, and by these presents do nominate and appoint L. N., of, &c., to be a new trustee in place of the said C. D. deceased, for the trusts, and to and for the ends, intents, and purposes therein mentioned, expressed, or declared, of and concerning the same, and to and for no other use, intent, or purpose whatsoever. In witness, &c. Articles of Separation. This indenture, made, &c., between A. B., of the first part; C. D., the wife of the said A. B., but now living separate and apart from him, of the second part; and E. F., trustee, of the third part: Whereas unhappy differences have arisen, and do still subsist between the said A. B. and C. D., and by reason of the same they have agreed to live separate and apart from each other during their natural lives. Now, therefore, the said party of the first part, in consideration of the premises, and in pursuance thereof, doth hereby covenant, promise and agree to and with the said E. F., and also, to and with his said wife, that, notwithstanding the marriage existing between them, it shall and may be lawful to and for the said C. D., at all times hereafter, to live separate and apart from him, the said A. B.; and the said A. B. shall not, nor will, compel her to cohabit or live with him; and that the said C. D. shall be, to all intents and purposes whatsoever, freed and discharged from the power, will, command and authority of the said A. B.; and that he shall not, nor will at any time hereafter, under any pretence whatsoever, sue, prosecute, or disturb any person or persons for receiving, harboring, protecting or assisting the said C. D., or offer any violence, force or restraint to her person, or molest, interrupt or disturb her in her manner of living, or in her liberty or freedom of going to, or staying in, or returning from, such place or places as she shall think proper; that he will not claim nor demand any of her money, jewels, plate, clothing, household goods or furniture which the said C. D. now has in her power or possession, or which she shall or may hereafter acquire by gift, bequest, devise or descent, or that may be otherwise acquired. And the said A. B. doth hereby further covenant, promise and agree, that he will well and truly pay, or cause to be paid, unto the said E. F., for and toward the support and maintenance of C. D., his wife, the clear yearly sum of dollars, payable monthly, on the first day of each and every month hereafter, during the joint lives of himself and the said C. D. And the said E. F., in consideration of the sum of one dollar, to him duly paid by the said A. B., doth covenant and agree to and with the said A. B., that he shall and will, from time to time, and at all times hereafter, well and truly save, defend, keep harmless and indemnify the said A. B., his heirs, executors and administrators, and his and their estates and effects, of, from, and against all and every debt and liability which the said C. D. hath already contracted or incurred, or shall at any time or times hereafter contract or incur, and of and from all actions, suits, claims and demands, costs, charges, damages and expenses for, upon account, or in respect of such debts and liabilities, or any of them, or any act, deed or thing in anywise relating to the premises. [Provided, always, that in case the said A. B. and C. D. shall at any time hereafter, with their mutual consent, cohabit as man and wife, then, and in such case, the yearly sum dollars, herein before covenanted to be paid, shall cease and be no longer payable, and from thenceforth all the covenants herein before contained on the part of the said E. F. shall become null and void, any thing hereinbefore contained to the contrary thereof, notwithstanding.] of In witness whereof, the said parties have hereunto set their hands and seals, the day and year first above written. A. B. [L. S.] Settlement of a Wife's Estate in Contemplation of Marriage. This indenture of three parts, made, &c., between A. B., of, &c., of the first part, C. D., of, &c., of the second part, and E. F., of, &c., of the third part, witnesseth: Whereas the said C. D. is seized in fee simple of all that certain lot of land, situate, lying and being in and whereas a marriage is intended shortly to be had and solemnized between the said A. B. and the said C. D., now, therefore, in consideration of the premises, and of one dollar in hand paid to the said C. D. by the said E. F., the said C. D. hath granted, bargained and sold, and by these presents doth grant, bargain and sell, unto the said E. F., all the following described premises [here insert description], to have and to hold the said premises, unto the said E. F., and his heirs and assigns, upon the special trusts, and for the uses and purposes following, to wit: 1st. To lease the same, and to take, collect and receive the rents, issues and profits thereof, and out of the same to keep the said premises in good repair and properly insured, and pay all taxes and assessments and charges thereon. 2d. To pay the residue of said rents, issues and profits thereof, to the said C. D., upon her sole and separate receipt, to the intent that she may enjoy, possess and have the same, free from the control or interference of the said A. B., her husband. 3d. That in case of the decease of the said C. D., after the solemnization of the said marriage, and during the life of her said husband, the said E. F. shall convey the said land and premises to such person as she, the said C. D., by her last will and testament, or instrument in the nature of a last will and testament, subscribed by her, in the presence of two witnesses, may direct and appoint. And in default of such appointment, then and in that case the said land and premises shall be conveyed to such person or persons as would be the legal heir and representative of the said E. F., by the statute for the distribution of intestate estates. 4th. That in case of the decease of the party of the third part, or of his resignation of said trust, he, or his executors or administrators, shall convey the whole of the trust estate to such person, or persons, as may be appointed in writing by the party of the second part, to be the trustee, or trustees, under this indenture; and such new trustee, or trustees, shall have all the powers, and shall hold the trust estate subject to all the provisions, herein set forth and expressed. And the said party of the first part doth hereby signify his assent to the provisions of this indenture, and doth covenant to and with the said party of the third part, and his successors in the said trust, to permit the said party of the second part, after the solemnization of the said intended marriage, to receive the aforesaid profits to her sole and separate use, and freely to dispose of the trust estate, by her will, or by her testamentary appointment, and not to interfere with the said trust estate, rents, issues, &c. In witness [as in other forms.] Deed of Trust for Benefit of Wife. This indenture, made, &c., witnesseth, &c. [as in other forms], all that certain lot, piece, or parcel of land, situate, lying, and being in said city of San Francisco, bounded and described as follows, to wit: [here insert description] and also all and singular the house hold furniture, goods and chattels now in the dwelling-house on said premises, together with all and singular the buildings, tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the right, title, interest, estate, property, possession, claim, and demand whatsoever, both at law and in equity, of the said parties of the first part, in and to the above-described premises, and every part and parcel thereof, with the appurtenances; to have and to hold all and singular the above-mentioned and described premises, household furniture, &c., together with the appurtenances unto the said party of the second part, his heirs and successors forever: in trust, nevertheless, for the sole and separate use, benefit, and behoof of said wife of said her heirs and assigns forever, free from the control and disposition, and from the debts and liabilities of her said husband, and to collect and receive the rents, issues, and profits thereof, and pay over the same, when and as received, to said to and for and to be applied to her sole and separate use, free from the control and disposition, debts and liabilities of her said or any future husband. In witness whereof, the said parties of the first part have hereunto set their hands and seals, the day and year first above written. [L. S.] [L. S.] Declaration by a Married Woman as Sole Trader. State of California, City and County of San Francisco, } ss: Know all men by these presents: That I, Mary Barlow, of said city and county, wife of John Barlow, residing in the city and county of San Francisco and state aforesaid, do hereby declare and make known my intention to carry on business on my own account, and in my own name as sole trader, in pursuance of an act of the legislature of the state of California, entitled, " An Act to authorize Married Women to transact Business in their own Name as sole Traders;" approved April 12, 1852. And I further declare, that said business will be the business of a boardinghouse, and will be carried on and practised in said city and county of San Francisco, and that the amount of capital invested in this business does not exceed five thousand dollars; [does not exceed eight thousand dollars-and the said Mary Barlow further declares, that the excess of money above five thousand dollars, did not come from any fund or funds belonging to her said husband.] |