MENT. Trustees to be fuch future trustee or trustees to be nominated as SETTLE aforefaid, each of them, and the heirs, executors, adminiftrators and affigns of them and each of them, fhall be charged and chargeable refpect- chargeable ively only for fuch monies as they or any of them only with what hall refpectively actually receive by virtue of the they receive, trufts hereby in them repofed, notwithstanding his or their or any of their giving or figning, or joining in giving or figning any receipt or receipts for the fake of conformity, and that any one or more of them fhall not be anfwerable or accountable for the others or other of them, or for the and not for acts, receipts, neglect or defaults of the others each other. or other of them, but each and every of them only for his and their own acts, receipts, neglects or defaults refpectively, and that they or any of them fhall not be anfwerable or accountable for any banker, broker or other perfon, with whom or in whofe hands any part of the said truft-monies fhall or may be depofited or lodged for fafe cuftody or otherwife, in the execution of any of the trufts hereinbefore mentioned; and that they or any of them fhall not at any time be answerable or accountable for the infufficiency or deficiency of any fecurity or fecurities, ftocks or funds, in or upon which the faid truft-monies or any part thereof fhall be placed out or invefted, nor for any other misfortune, lofs or damage, which may happen in the execution of any of the aforefaid trufts, or in relation thereunto, except the fame happen by or through their own wilful default refpectively: AND alfo that it fhall and may be lawful to and for the faid trustees, and every of them, his, their, and each of their exe-, cutors and adminiftrators, from time to time, by and out of the truft-monies which fhall come to their or any of their hands, in the first place, to deduct, retain, and reimburse themselves or himfelf, all fuch lofs, cofts, charges, and ex MENT. SETTLE- penfes, as they or any or either of them shall or may refpectively pay, fuffer, fuftain, expend, or be in any wife put unto, in or about the execution, management, or defence of all or any of the trufts hereinbefore mentioned or created, or any matter or thing in any wife relating thereunto. In witnefs, &c. Recital of mar &c. titled to Marriage Settlement of Money in the Funds, the Property of the Wife, with Provifos, &c. as in the Margin. - between merchant, of in the fame city, THIS INDENTURE tripartite, made the day of, in the year of the reign of our fovereign lord George the, by the grace of God, king, &c. and in the year of our Lord, E. P. of, in the city of the first part; E. M. I. of fpinster, of the fecond part; and G. I. of ——, in the county of -, draper, and W. W. of the riage intended, third part: WHEREAS a marriage hath been agreed upon, and is intended with the permiffion of Almighty God to be foon had and folemnized, And that faid between the faid E. P. and E. M. I. And the E. M. I. is in- faid E. M. I. being entitled to £-three per bank annuities, cent confolidated Bank annuities, and other personal estates of the amount or value of £thereabouts, it was upon the treaty for the faid intended marriage propofed and agreed by and between the faid E. P. and E. M. I. that the faid £- three per cent consolidated bank annuities, fhould be transferred to the faid G. 1. and W. W. and that other part of her personal estate should be laid out in the purchase of £, like three per cent. confolidated bank annuities, in the names of the faid G. I. and W. W. making together £Upon truft, &c. three per cent. confolidated Bank annuities, upon the trufts, for the intents and purposes, and with and fubject to the powers, provifos, declarations, and &c. It was agreed, &c. that faid laid out, &c. fums should be -- or And as to the in trade. agreements hereinafter declared and expreffed of SETTLEor concerning the fame: And that the faid E. P. MENT. fhould in right or by virtue of the said intended marriage, have and be entitled to the refidue of reft to the ufe the perfonal eftate of the faid E. M. I. in order to of the hufband his advancement in trade: And that the faid E. P. fhould fecure to be paid to trustees, if there should not be any iffue of the faid intended marriage living at the death of fuch of them the faid E. P. and E. M. I. his intended wife as should first happen to die, or be born in due time after, the fum of £- upon fuch trufts and for fuch intents and purposes as are hereinafter mentioned of or concerning the fame. AND WHERE It is witnessed As the faid E. M. I. hath, with the privity and And that faid confent of the faid E. P. her intended husband, fum is fo inaccordingly transferred the faid -- three per £cent. confolidated Bank annuities to the faid G. 1. and W. W. and with part of her perfonal estate purchased in their names the fum of £-, like Bank annuities, which faid - --andmaking together £-- three per cent. confolidated Bank annuities, are now ftanding in the joint names of them the faid G. I. and W. W. as by the books kept at the Bank, reference being thereunto had will appear. Now this Indenture witneffeth, that in pursuance and performance of that for, &e. the faid propofal and agreement touching or concerning the faid -- three per cent. confolidated £ Bank annuities, and in confideration of the faid intended marriage, and for making fome provision for the faid E. M. I. in cafe the faid intended marriage fhall take effect, and fhe fhall happen to furvive the faid E. P. her intended husband, and for the iffue of the faid intended marriage, if there It is hereby fhall be any fuch, it is hereby declared and agreed agreed, &c. by and between all and every the parties to thefe that the faid presents, that the faid fum of £ was fo laid the faid out and invested in the purchase of the said £ S VOL. VI. declared and fum, &c. and fhall be poffeffed thereof. MENT. SETTLE- three per cent. confolidated Bank annuities, in the names of the faid G. I. and W. W. as aforefaid; and that they and the furvivor of them, his executors, adminiftrators and affigns, do and fhall stand and be poffeffed of the faid three per In truft, &c. for the faid marriage folemnized. cent. confolidated Bank annuities, and the dividends and annual produce thereof, upon the trufts, for the intents and purposes, and with and fubject to the powers, provifos, declarations and agreements hereinafter declared and expreffed of or concerning the fame (that is to fay): IN TRUST for the faid E. M. I. her executors, adminiftrators and affigns, in the mean time and until the said intended marriage between her and the faid E. P. her intended husband fhall be had and folemnized, and from and immediately after the folemnization of the faid intended marriage, then upon truft, that the faid G. I. and W. W. and the furvivor of them, his executors, adminiftrators and affigns, do and fhall from time to time during the joint lives of the faid E. P. and E. M. I. pay or And afterwards Caufe to be paid all the dividends, intereft and annual produce of the faid -- Bank annuities, as the fame fhall accrue and be received into the proper hands of her the faid E. M. I. or to fuch perfon or perfons as fhe in writing, figned with her proper hand, fhall, notwithstanding her intended coverture direct or appoint, for her fole and separate use, benefit and disposal, exclufive of and free from the power, control, debts and engagements of the faid E. P. her intended husband; and wherewith he shall not in any wife intermeddle, and the receipt or receipts of the faid be a difcharge. E. M. I. alone, or of fuch perfon or persons to whom she shall fo direct or appoint the fame to be paid as aforefaid, figned with her or their hand or hands, fhall from time to time be a good and effectual difcharge for fo much of the faid dividends, interest and annual produce as fhall be to the use of wife for life. Her receipts to L truft for the truft for chil. fhares, &c. therein expreffed and acknowledged to be received. SETTLEAND from and after the decease of either of them MENT. the faid E. P. or the faid E. M. I. first dying, then upon truft, that they the faid G. I. and Then upon W. W. or the furvivor of them, his executors, ad- furvivor. ministrators and affigns, fhall and do permit and fuffer the furvivor of them the faid E. P. and E. M. I. his or her affigns, to have, receive, and take the dividends, interest and annual produce of the faid Bank annuities, for and during the then remainder of the life of fuch furvivor, to and for his or her own ufe and benefit. AND from and immediately after the deceafe of the furvivor of them the faid E. P. and E. M. I. his faid intended wife, then as to the faid Bank annuities upon truft, for all and every the child and Then upon children of the faid E. P. on the body of the faid dren, in fuch E. M. I. his intended wife to be begotten, and to manner and go or be paid, affigned and transferred to fuch as they should child and children, at fuch time or times, and if appoint. more than one, in fuch fhares and proportions, and with and fubject to fuch provifos, conditions and limitations over (fuch limitations over being for the benefit of fome or one of them), as the faid E. P. and E. M. I. his intended wife, shall by any deed or deeds, writing or writings, with or without power of revocation, to be fealed and delivered by them in the prefence of, and attested by two or more credible witneffes direct or appoint, and in default of such joint direction or And for want appointment, then as the furvivor of them the of joint ap faid E. P. and E. M. I. his intended wife, by then, any deed or deeds, writing or writings, with or without power of revocation, to be fealed and delivered by fuch furvivor, in the prefence of and as furvivor attefted by two or more credible witneffes, or by his fhould appoint. or her laft will and teftament, in writing figned in the presence of and attested by the like number of witneffes shall direct or appoint, and in default of pointment, |