signs forever: [here insert description.] Together with, &c. [as in the foregoing], to have and to hold, all and singular the above mentioned and described premises, together with the appurtenances, unto the said party of the second part, her heirs and assigns, to the sole and separate use, benefit and behoof of the said party of the second part, her heirs and assigns forever, independently of her present or any future husband, and not liable or subject to his debts, control or interference. And it is expressly intended in, and provided by this conveyance, that the rents and profits of the said property shall be applied to the sole and separate use of the said party of the second part; that the same shall be subject to her entire management and disposal, shall be payable to her on her separate receipt, and shall not be liable to the debts, control or interference of her said husband. In witness whereof the said party of the first part hath hereunto set his hand and seal, the day and year first above written. JAMES ALEXANDER. [L. 8.] Sealed and delivered in presence of GEORGE BROWN. Inventory of Separate Property of Wife. Inventory of the separate property of Anna Matthias, wife of John Matthias, of the County of Alameda, State of California: Know all men by these presents: Whereas, James Alexander, of the county of Alameda, did, in and by his certain indenture, bearing date the 21st day of June, A. D. 1859, grant, bargain, sell, alien, remise, release, convey and confirm unto me, Anna Matthias, wife of John Matthias, of the county of Alameda, certain real estate in the county of Alameda, in said indenture, and hereinafter particularly described, for the consideration in said indenture mentioned, the said property being conveyed to me by way of gift from my said husband, no valuable consideration passing therefor from me or my said husband, to the said James Alexander; which said real estate is particularly described as follows: [here insert description.] Together with the rents, issues and profits of said premises, which are therein expressly reserved and conveyed to my sole and separate use. And whereas, by gift or other right, I own and am possessed of certain other property, real estate, described as follows: [here insert description,] and also certain personal property, to wit: [here describe the articles of personal property.] Now therefore, I, the said Anna Matthias, wife of the said John Matthias, by and with the consent of my said husband, signified by his signing and executing these presents, do hereby publish, make known, and declare, that the above mentioned and described real and personal estate is my separate property, and that the aforegoing is a full and complete inventory of such separate property. In witness whereof, I and my said husband have hereunto set our respective hands and seals this 21st day of June, A. D. eight een hundred and fifty-nine. SARAH MATTHIAS. [L. S.] JOHN MATTHIAS. [L. S.] In presence of GEO. BROWN. Conveyance of Husband's Property to a Trustee for Benefit of the Wife. day of This indenture made the in the year one thousand eight hundred and fifty-nine, between A. B., of, &c., of the first part, and C. D., of, &c., of the second part, that whereas the said party of the first part, being in solvent circumstances, and desirous of making provision for his wife, M. B., against future contingencies, and for her maintenance and support, now this indenture witnesseth that in consideration of the premises, and of one dollar, lawful money of the United States, to him in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, remise, release, convey and confirm, unto the said party of the second part, and to his heirs and assigns, forever, all [description;] together with all and singular the tenements, hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof and also, all the estate, right, title, interest, property, possession, claim and demand, whatsoever, as well in law as in equity, of the said party of the first part, of, in, or 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, together with the appurtenances, unto the said party of the second part, his heirs and assigns, upon the trusts, nevertheless and to and for the uses, interests and purposes, hereinafter limited, described and declared, that is to say. First. In trust 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 order and repair, and properly insured, and pay all taxes, assessments and charges thereon. Secondly. In trust to pay the residue of such rents, issues and income to his said wife, M. B., upon her sole and separate receipt, to the intent and purpose that she may enjoy, possess, and 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 of dollars, hereinbefore 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 herein before contained to the contrary thereof, notwithstanding.] In witness whereof, the said parties have hereunto set their hands and seals, the day and year first above written. Signed, sealed and delivered in presence of 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 mar riage 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., |