« ForrigeFortsett »
ing addition if desired ;] and that it shall be lawful for such trustees or trustee either to apply the moneys so to be advanced as aforesaid, in or for such purposes themselves, or otherwise, in their or his discretion, to pay the same to the father or other guardian of such son, [or grandson respectively,] for the purpose of being so applied, without being liable to
see to the application thereof, or require any acTrusts in de. count of the application of the same. But in case fault of child- there shall be no child of the said intended marriage,
who, being a son, shall live to attain the age of twenty-one years, or, being a daughter, shall live to attain that age, or be married, then it is hereby agreed and declared, that the trustees or trustee, for the time being, of these presents, shall and do, but without prejudice to any of the trusts aforesaid, or to any appointment to be made thereunder as aforesaid, stand possessed of, and interested in, the said trust funds, moneys, and premises, or so much thereof as shall not have become vested in any child or children (grandchild or grandchildren] of the said intended marriage, by virtue of any appointment to be made under any of the powers hereinbefore contained, and as shall not have been applied for the advancement of any of the sons (or grandsons] of the said intended marriage, under the provision or power hereinbefore in that behalf contained, upon the trusts following; that is to say, as, to, for, and concerning the said reversionary or expectant one-eleventh part or share of the said L. C. of and in the aforesaid sum of L. hereinbefore assigned, or intended so to be, and the stocks, funds, and securities where
in or upon which the same may for the time beAs to lady’s ing be invested upon trust, if the said L. C. shall property.
happen to survive her said intended husband, for her, the said L. C., her executors, administrators, and assigns absolutely ; but if the said L. C. shall happen to die in the lifetime of her said intended husband, upon trust for such person or persons, for such interests or interest, and for such ends, intents,
and purposes, and under and subject to such charges, powers, and provisoes as the said L. C., notwithstanding her coverture by her last will and testament in writing, or any writing in the nature of, or purporting to be her last will and testament, or any codicil or codicils thereto, shall at any time or times after the solemnization of the said intended marriage direct or appoint ; and in default of any such direction or appointment, or so far as any such direction or appointment shall not extend, then upon trust for such person or persons, as under or by virtue of the statute for distribution of intestates' effects should or would, at the time of the decease of the said L. C., have been entitled to her personal estate as her next of kin, in case she had died intestate, and without having been married ; and if there shall be two or more such persons, then upon trust for them, in the same manner as they would have been entitled to such personal estate under such statute : And as, to, for, concerning the aforesaid sum of Gentleman's L. three and a half per cent. consolidated bank property. annuities, and all other the trust moneys, stocks, funds, and premises herein comprised, but subject to the trusts hereof, upon trust for the said S. R. W., his executors, administrators, and assigns, for his and their own absolute use and benefit. And, in Covenant by pursuance of the said recited agreement in this be- father to pay half, and in consideration of the said intended mar- trustees. riage, the said C. R. C. doth hereby, for himself, his heirs, executors, and adıninistrators, covenant, promise, and agree, with and to the said (trustees,'] their executors and administrators, and also with the said S. R. W., his executors and administrators, by these presents, in manner following ; (that is to say,) that, in case the said intended marriage shall take effect, then and in such case he, the said C. R. C., shall and
annual sum to
+ If the annual sum is to be payable for the husband's benefit, and during his life alone, the covenant should be with him without the intervention of the trustees.
will, during the remainder of his life, or during such part thereof as the said S. R. W. and L. C., or either of them, shall live, well and truly pay, or cause to be paid, unto the said (trustees,] their executors or administrators, or other the trustees or trustee, for the time being, of these presents, one annuity or annual sum of L.100, by equal half-yearly payments, on the and the
in every year, free and clear of and from all deductions in respect thereof, the first payment thereof to begin and be made on such of the said days as shall happen next after the solemnization of the said intended marriage: And it is hereby agreed, that the trustees or trustee, for the time being, of these presents, shall stand possessed of, and interested in, the said annuity or annual sum of L.100, and the half-yearly payments thereof, upon and for such and the same ends, intents, and purposes, as are hereinbefore declared and contained, of and concerning the interests, dividends, or annual income of the hereinbefore mentioned trust moneys, funds, and premises. [Add power to trustees to vary securities, p. 61 ; to give receipts, p. 58; and for appointment of new trustees,
p. 69; and a provision for their indemnity, p. Covenant for 77.] And the said S. R. W. and L. C., in pursuance lady's after of the said recited agreement in this behalf, do hereacquired per- by, jointly and separately, and for their several and sonalty. respective heirs, executors, and administrators, cove
nant, promise, and agree, with and to the said (trustees,] their executors, administrators, and assigns, in manner following ; that is to say, that if, at any time after the solemnization of the said intended marriage, and during the life of the said L. C., any moneys or other personal estate of the value or amount, at any one time, of not less than L. shall be given or bequeathed, or come to or devolve upon the said L. C., or the said S. R. W. in her right, then, and
Powers to trustees.
u This clause should only be inserted if there is an agree. ment for it.
so often as the same shall happen, the said L. C. and S. R. W. respectively, and their respective executors and administrators, shall and will, at the expense of the said S. R. W., his executors and administrators, make, do, and execute all such acts, deeds, assignments, and assurances in the law whatsoever, as the said (trustees] or the survivor of them, or the executors and administrators of such survivor, or his, her, or their counsel in the law, shall think proper, for effectually vesting such moneys or other personal estate in the said (trustees,] or other the trustees or trustee, for the time being, of these presents, upon and for such and the same trusts, intents, and purposes as are hereinbefore expressed and declared, of and concerning the said reversionary or expectant one-eleventh part or share of and in the said sum of L.
so hereby assigned, or intended so to be, as aforesaid, for if all the properties are settled upon the same trusts say, “the said trust moneys, funds, and premises hereinbefore mentioned,"] and the interest and dividends thereof, or as near thereto as the deaths of parties, and other circumstances of the case, will admit: Provided also, and it is hereby lastly Agreement to agreed and declared between and by the parties hereto, that the provision hereby made for the said L. C. as aforesaid shall be, and she doth hereby agree to accept the same as and for her jointure, and in lieu and full satisfaction of and for her whole dower or thirds at the common law, or by or on account of customary free-bench or widow's-part, which she can or may, or otherwise could or might have claim or demand in or out of all and every the freehold, copyhold, or customary hereditaments and premises whereof or whereto the said S. R. W. now is, or at any time or times, during the said intended coverture, shall be seised or entitled for any estate of or to which dower or free-bench is inci. dent. In witness, &c.
Conveyance of a small Estate the Property of the
Gentleman, previous to Marriage, to the Trustees of the Marriage Settlement, upon Trusts for Sale, and to stand possessed of the Moneys upon the Trusts declared by the Settlement.
This indenture, made the day of 184 , between J. M. of [the gentleman,] of the first part, M. C. [the lady,] of the second part, and (trustees,] of the third part; (after the previous recitals as to the title of the premises, proceed as follows :) And whereas a marriage hath been agreed upon, and is intended to be shortly had and solemnized between the said J. M. and M. C. ; and whereas, upon the treaty for the said intended marriage, it was agreed, that the hereditaments and premises comprised in the said
should be conveyed and assured unto the said [trustees,] their heirs and assigns, upon and for the trusts, intents, and purposes hereinafter expressed and declared of and concerning the same. Now, this indenture witnesseth, that, in pursuance of the said recited agreement in this behalf, and in consideration of the said intended marriage ; [add a nominal consideration, and then convey the premises to the trustees in the ordinary mode applicable to the particular property, and after the limitation in the habendum proceed as follows :] But nevertheless upon and for the several trusts, intents, and purposes hereinafter expressed and declared of and concerning the same; that is to say, upon trust for the said J. M., his and assigns, until the said intended marriage shall be had and solemnized, and from and after the solemnization thereof, upon trust, that they, the said (trustees,] or other the trustees or trustee, for the time being, of these presents, do and shall, at such time or times, during the lives of the said J. M. and M. C., his intended wife, or the survivor of them, as they, the said J. M. and M. C., or the survivor of them, shall in that behalf direct by any writing or writings under his, her, or their hands or