SETTLE MENT. fecurities, may be from time to time altered, varied, affigned, transferred and difpofed of, and the monies thereby arifing again laid out and invested in or upon any new or other like ftocks, funds or fecurities, as to the trustees or trustee for the time being fhall feem meet, fo as during the lives of the faid E. P. and E. M. I. and the life of the furvivor of them, the fame be with fuch confent and approbation as aforefaid; and that the faid trustees and truftee for the time being, do and fhall ftand and be poffeffed of all and every the stocks, funds, and fecurities, wherein or upon which the faid truft monies or any part or parts thereof fhall be invested or laid out, and the dividends, intereft, and annual produce thereof, upon fuch trufts, for fuch intents and purposes, and under and fubject to fuch powers, provifos, declarations and agreements, as are hereinbefore declared and expreffed of or concerning the said £-bank annuities, and the dividends and annual produce thereof, or fuch and fo many of them as fhall be then fubfifting or capable of taking effect: And the faid E. P. in pursuance of the aforefaid propofal and agreement on his part, and for the confiderations hereinbefore mentioned, doth hereby for himself, his heirs, executors and administrators, covenant, promife and agree to Covenant from and with the faid G. I. and W. W. their executors, administrators and affigns, that if there fhall not be any iffue of him the faid E. P. on the faid E. M. I. his intended wife begotten, living at the decease of fuch of them the said E. P. and E. M. I. as fhall first happen to die, or be born in due time after, then and in fuch cafe, he the faid E. P. his heirs, executors or administrators, shall and will, within the space of one calendar month then-next following, well and truly pay, or cause to be paid, to the faid G. 1. and W. W. or the furvivor of them, or the executors, adminiftrators or affigns of fuch hufband, MENT. SETTLE furvivor, the fum of -- of lawful money of Great Britain: Upon the trufts hereinafter mentioned (that is to fay,) if the faid E. M. I, shall furvive the faid E. P. her intended husband, then in truft for her the faid E. M. I. her executors, adminiftrators and affigns; and if fhe fhall die in the lifetime of the faid E. P. then in trust for fuch perfon or perfons, for fuch intents and purpofes, and in fuch parts, fhares or proportions, as the the faid E. M. I. fhall, notwithstanding her coverture by her last will and teftament in writing, or any writing purporting to be, or being in nature of her will, to be figned by her in the prefence of, and attested by two or more credible witneffes, give, or direct, or appoint the fame. PROVIDED always, and it is hereby agreed and declared, that if the faid E. M. I. fhall die in the lifetime of the faid E. P. her intended husband, without having as aforefaid, given, directed, or appointed, the faid fum off- or any part thereof, to any perfon or perfons; then and in fuch cafe, fo much and fuch part or parts of the faid fum of £ as fhall not have been by her fo given, directed or appointed, as aforefaid, fhall not be payable or paid to the said G. I. and W. W. or the furvivor of them, or the executors, administrators or affigns of fuch furvivor. PROVIDED alfo, and it is hereby likewise agreed and declared between and by the faid parties hereto, their own acts that they the faid G. I. and W. W. and other the trustees or truftee fo to be nominated and appointed as hereinbefore mentioned; and each of them, their and each of their executors, administrators or affigns, fhall only be chargeable with, or accountable for fuch fum and fums of money as they fhall respectively, by the means hereinbefore mentioned, actually receive, and with or for no more. AND that the one of them shall not be anfwerable or accountable for Provifo that trustees anfwerable for only. the other or others of them, or for the acts, receipts, neglects or defaults of the other or others of them, but each of them only for his own acts, receipts, neglects or defaults; and that they or any of them fhall not be chargeable or anfwerable with or for any lofs or damage which may happen by depofiting or placing the faid truftmonies, or any part thereof, in any bank or banker's hands, or elsewhere, for fafe cuftody, or by investing or laying out the fame, or any part thereof, in or upon any fuch ftocks, funds or fecurities, as aforesaid, fo as during the lives of the faid E. P. and E. M. I. and the life of the furvivor of them, the fame be with fuch their confent and approbation, as hereinbefore mentioned, or otherwise howfoever, in the execution of the aforefaid trufts, or any of them, fave only fuch as shall happen by reafon or means of his or their respective wilful neglect or default; and that they' the faid trustees, and each and every of them, may and fhall, out of the monies which fhall come to their, either, or any of their hands, by virtue of these prefents, retain to and reimburse him and themselves, and pay to his or their co-trustee or trustees all fuch cofts, charges and expenses, as he, they, or any of them, fhall 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 in any manner or thing in any wife relating thereunto. In witnefs, &c. SETTLE MENT. SETTLE MENT. Recitals. Operative Part of a Settlement made by Father and Son, on latter coming of age, and to lead the Ufes of a Recovery Juffered thereupon. WHEREAS the faid A. B. being at the time of the date and execution of his will hereinafter mentioned, and alfo at the time of his death, feifed and entitled in fee fimple, of and to the manor, &c. hereinafter by thefe prefents granted and released, or mentioned fo to be, and alfo of and to divers hereditaments, which were afterwards by the act of parliament of the 17th year of his prefent Majefty hereinafter mentioned, vefted in trustees to be fold for the purposes therein mentioned, and alfo of and to fuch of the manors, &c. hereinafter by these prefents granted and released, or mentioned fo to be, as are not hereinafter mentioned to have been purchased and fettled fince the deceafe of the faid in manner - hereinafter mentioned, did in and by his last will ed the furname of whereas, the faid with daughter of only, and relinquishhis heir at law: And afterwards intermarried and by a certain deed-poll, or inftrument in writing (duly exe cuted by him the faid, after his faid mar- SETTLEriage, in pursuance of articles entered into before the faid marriage) bearing date on or about the day of which was in the year (reciting the faid will of his faid brother, and alfo the faid articles entered into by the said -before his faid marriage) he the faid in confideration of the faid marriage, &c. And whereas, by an act of parliament made and paffed in the year of his prefent Majefty, King George the, entitled, &c. [Reciting, &c. and reciting other matters:] it was enacted, &c. (then other deeds were recited) as in and by the faid will, act of parliament, and the faid feveral indentures, and other inftruments herereinbefore recited or taken notice of, reference thereto being respectively had will more fully and at large appear. And whereas, the faid D. B. eldeft fon of the faid T. B. hath attained his age of of and years: And whereas the faid T. B. and D. B. have agreed to fuffer common recoveries of all and fingular the faid manors, &c. in the faid counties devifed in and by the faid will, &c. other than and except fuch of the faid hereditaments in the county of aforefaid, as by the faid recited act of parliament of the year of his prefent Majefty, were vested in truftees therein named, in truft, to be fold for the purposes therein mentioned, and other than and except the prebend of in the faid county, &c. with the appurtenances, and which prebend is intended to be hereinafter by these presents conveyed upon fuch trufts as are hereinafter declared thereof, and of all and fingular the faid hereditaments and premifes which were purchased with monies arifing by fale of the said hereditaments in the faid county of —, fold pursuant to the faid act, and were settled to the uses of the faid will of the faid B. D. as aforefaid, and also MENT. |