SETTLE MENT. of lives. And then in truft for the perfons entitled to the before fettled ef tates. 8 and intereft therein, under or by virtue of the faid indenture of leafe, fubject to the yearly rent by the said indenture of leafe, referved and to the In truft to keep Covenants therein contained; In truft nevertheup the number lefs, by and out of the rents and profits thereof, from time to time, to raise and pay fuch fum and fums of money as fhall be neceffary for renewing the faid leafe, and all future leafes to be granted thereof from time to time, and keeping up the number of three lives therein, to that end and purpose when and as often as any fuch life fhall drop to cause the fame to be renewed, and filled up with another life, keeping up from time to time, the number of three lives therein as aforefaid. AND it is hereby agreed and declared, between and by the faid parties to these prefents, that the faid E. P. and I. H. and the furvivor of them, and the heirs and affigns of fuch furvivor, shall stand and be feifed and poffeffed of the faid prebend, tithes, and premifes fo hereby conveyed to them as last aforesaid, and of fuch leafes and eftates thereof or therein, as fhall be from time to time, renewed, demifed, and granted thereof in truft, for and for the benefit of such person and perfons, and for fuch eftate and eftates, intereft and interefts, and to and for fuch intents and purposes, and fubject to fuch powers, fo' far as the nature of the estate and interest, then and the rules of law and equity will admit of, as are hereinbefore expreffed and declared, as, to, or of, and concerning the manor and other hereditaments in the faid county of -, hereinbefore mentioned, to be by these prefents granted and released, and as if the common recovery fo agreed to be fuffered of the faid hereditaments in the faid county of, were actually fuffered, but fo as that no annual fum or fums in grofs hereinbefore limited or directed to be raifed and paid, be thereby doubled and increased. AND IT IS HEREBY further agreed and declared, SETTLEthat the faid prebend and premifes comprifed in MENT. the said lease, and hereby conveyed to the faid. E. P. and I. H. in truft as aforefaid, fhall be the fame pow And fubje&t to held by them and the furvivor of them, and his ers. heirs, fubject to the first mentioned power of ap-. pointing new trustees, hereinbefore contained, in fuch and the fame manner as the faid manor and other hereditaments in the faid county of their own as are hereby made fubject to that power: Provided Trustees to be always, and it is hereby further agreed and de- and werable for clared, between and by the parties to these pre- only, &c. fents, that the faid feveral trustees hereby nominated, and fuch future trustee or trustees to be appointed as aforefaid, and each and every of them, and the heirs, executors, administrators, and affigns of them, each and every of them shall be respectively charged and chargeable, only for fuch monies as they fhall refpectively, actually receive by virtue of the trufts hereby in them re pofed, 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 other or others of them, or for the acts, receipts, neglects or defaults of the other or others of them, but each and every of them, for his and their own acts, receipts, neglects, or defaults only, and that they or any of them, fhall not be anfwerable or accountable for any banker, broker, or other person, with whom, or in whofe hands or cuftody any part of the faid truft-monies fhall or may be depofited or lodged for fafe cuftody or otherwise, in the execution of the trufts or powers hereinbefore mentioned; and that they or any of them fhall not at any time be anfwerable or accountable for the infufficiency or deficiency of any fecurity or fecurities, ftocks or funds, in SETTLE- tees to pay their expenses. or upon which the faid truft-monies or any part thereof, fhall be placed out or invested in execution or pursuance of the trufts or powers aforefaid, or any of them, or for the defect of title of any lands or hereditaments to be purchased or received in exchange by them or him as aforefaid, nor for any other misfortune, lofs, or damage, which may happen in the execution of the aforefaid trufts or powers, or in relation thereto, except the fame fhall happen by or through their Power to truf- Own wilful default refpectively; and also that it fhall and may be lawful to and for the faid truftees in these presents named, and fuch future truftee or trustees, to be appointed as aforefaid, and every of them, their and every of their heirs, executors, adminiftrators, and affigns, by and out of the rents and profits of all or any of the faid hereditaments and premises mentioned to be hereby refpectively granted and releafed, or by and out of any monies which fhall come to their refpective hands by virtue of any of the trufts or powers aforefaid, to retain to and reimburse himself and themfelves refpectively, and alfo to allow his and their co-truftee and co-trustees all cofts, charges, damages, and expenfes, which they or any of them, fhall or may fuftain, expend, disburse, be at, or be put unto, in or about the execution of the aforefaid trufts or powers vefted or to be vested in them refpectively. In Wit nefs, &c. Limitations to Sons and Daughters and their Children, in a Marriage Settlement, keeping the Portions contingent, in default of Appointment, until the Children, alive at the Death of Survivor of Father of Mother, attain the Age of 21, or Marriage. AND, from and immediately after the decease of the furvivor of them the faid L. and M. his faid intended wife upon truft, for all and every the fon and fons, daughter and daughters of the faid E. L. on the body of the faid M. F. his intended wife, to be begotten, and the children of such fons or daughters, in cafe any of them shall be then dead, leaving iffue, and to go or be paid, affigned, and transferred, to fuch fon and fons, daughter and daughters, and the children of fuch fons or daughters, at fuch time or times, and if 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. L. fhall, by any deed or deeds, writing or writings, with or without power of revocation, to be fealed and delivered by him in the presence of, and attefted by two or more credible witneffes, or by his last will and teftament in writing, figned in the prefence of, and attefted by the like number of witneffes, direct or appoint, and in default of fuch direction or appointment as aforefaid, then as to the whole of the faid pounds, three per cent. confolidated bank annuities, and in cafe any fuch direction or appointment shall be made, which shall not be a complete direction or appointment of the whole of the faid bank annuities, then as to fo much and fuch part of the faid bank annuities, whereof no fuch direction or appointment as aforefaid shall be ཚ SETTLE- MENT. SETTLE made, as the faid M. F. by any deed or deeds, writing or writings, with or without power of revocation, to be fealed and delivered by her in the prefence of, and attefted by two or more credible witneffes, or by her laft will and teftament in writing, figned in the prefence of, and attested by the like number of witneffes, fhall direct or appoint; and in default of any fuch direction or appointment as aforefaid, then as to the whole of the three per cent. confolidated bank annuities, and in cafe any fuch direction or appointment shall be made, which shall not be a complete direction or appointment of the whole of the faid pounds, three per cent. bank annuities, then as to fo much and fuch part of the fame bank annuities, whereof no fuch direction or appointment as aforefaid fhall be made, in trust for all and every the fon and fons, daughter and daughters of the faid E. L. on the body of the faid M. F. his intended wife, to be begotten as aforefaid, and the children of such fons or daughters, in cafe any of them fhall happen to be then dead leaving iffue, in equal fhares and proportions (but the child or children of such of the faid fons or daughters as fhall then happen to be dead, fhall be entitled only to the fhare which his, her, or their father or mother would have been entitled to, if living, equally to be divided among such children, if there be more than one, and if but one, then wholly to that one) such fhare and fhares to be paid, affigned, or transferred to him, her, or them, as and when he, she, and they fhall feverally attain his, her, or their age or refpective ages of years, or be married, which fhall firft happen; but if any fuch fons or daughters, or the child or children of fuch fons or daughters, fhall then happen to be dead,fhall attain his, her, or their age or ages of years, or be married in the life time |