As to the last

fourth part, pro

vided the person designated shall not be living at the

trust for such of

certain children as shall attain twenty

one.

fourth part thereof, In trust for the said E. F., her executors, administrators, and assigns; as to one other equal fourth part thereof, In trust for the said G. H., her executors, administrators, and assigns; as to one other equal fourth part thereof, In trust for the said I. K., her executors, administrators, and assigns; and as to the remaining fourth part thereof, In trust for the said L. M., his executors, administrators, and assigns, provided he shall be living at the time of completing such sale or sales as aforesaid: But if the said L. M. shall be then dead, in such case the said trustees or trustee for the time of sale, in time being shall stand possessed of the said last-mentioned one fourth part of the monies to arise by such sale or sales as aforesaid, In trust for the said M. M. &c., or such of them as have attained or shall live to attain the age of twenty-one years, in equal shares and proportions; and in case any of the said children of the said L. M. shall not then have attained to the age of twenty-one years, then and in such case the trustees or trustee for the time being shall, at their or his discretion, either apply the presumptive share of such child or children for or towards his, her, or their maintenance and education, or for his, her, or their advancement in the world, or shall lay out and invest the same in the names or name of the said trustees or trustee in any of the public stocks, funds, or securities at interest, In trust for such child or children respectively, as and when he, she, or they shall attain the age of twenty-one years, with power in the meantime to apply the interest and dividends thereof, or to sell the capital for the maintenance and advancement of such child or children, according to their presumptive rights and interests therein.

Presumptive

share to be ap

plied for main tenance and ad

vancement.

Declaration of trusts of free

hold heredita

ments.

XCI. And it is hereby agreed and declared between and hold and copy by the parties to these presents, that the said A. B. and C. D., and their heirs, shall stand and be seised of the freehold hereditaments hereinbefore granted and released, or expressed and intended so to be, and of the copyhold hereditaments herein before covenanted to be surrendered, with their respective appurtenances, Upon the trusts, and to and for the intents and purposes hereinafter expressed or deIn trust for in-clared of or concerning the same; (that is to say), In trust in fee until mar- for the said E. F., his heirs and assigns, until the said in

tended husband

tended marriage shall be duly had and solemnized; and from
and immediately after the solemnization thereof, Upon trust
for the said E. F. and his assigns, during his life, without
impeachment of waste; and from and immediately after his
decease, upon trust that the said A. B. and C. D., and the
survivor of them, and the heirs and assigns of such survivor,
in case the said intended marriage shall take effect, and if
the said G. H. shall survive the said E. F., do and shall,
by and out of the rents, issues, and profits of the said free
hold and copyhold hereditaments, levy and raise the annual
sum of £ of lawful money of Great Britain, and pay the
same to the said G. H. and her assigns during the time of
her natural life; And it is hereby agreed and declared be-
tween and by the said parties to these presents, that the same
annual sum is intended to be, and the said G. H. doth
hereby accept the same for her jointure; (a) [And in lieu
and bar of all the dower or thirds, which at the common law,
or by custom or otherwise, she the said G. H. might other-
wise be entitled to, into, from, or out of any hereditaments,
of or to which he the said E. F. shall or may at any time or
times, during the said intended coverture, be seised of, or
otherwise entitled to, for an estate of inheritance], and that
the same shall be paid by four even and equal quarterly pay-
ments, on the 25th day of March, the 24th day of June, the
29th day of September, and the 25th day of December in
every year; and that the first quarterly payment thereof
shall be made on such of the said days as shall first and
next happen after the decease of the said E. F.; And, sub-
ject to the said annual sum of £——, do and shall, by mort-
gage or sale of the same premises, or of a competent part
thereof, levy and raise the sum of £—— of lawful
Great Britain, and pay the same to all and every, or such one
or more, exclusively of the other or others of the children
of the said intended marriage, or in trust for all and every, or
such one or more, exclusively of the other or others of the
issue, born in the lifetime of the said E. F. and G. H., or the
survivor of them, of any one or more of the children of the said

money of

(a) This clause is now no longer necessary. Vide tit. Uses, art. IX.

note.

In default of appointment, for children as tenants in com

mon.

E. F., by the said G. H., or to all and every or such one or
more, exclusively of the other or others of such children, and
all and every or such one or more, exclusively of the other
or others of such issue, and for such interest or interests,
in such parts, shares, and proportions, and subject to such
provisoes and stipulations as the said E. F. and G. H.,
during their joint lives, by any deed or deeds, instrument
or instruments in writing, with or without power of
revocation, to be by them sealed and delivered in the
presence of and to be attested by two or more credible
witnesses, shall from time to time direct or appoint;
and, for want of such joint direction or appointment, as
the survivor of them the said E. F. and G. H. shall by
any deed or deeds, instrument or instruments in writing,
with or without power of revocation, to be by him or her
sealed and delivered in the presence of and to be attested
by two or more credible witnesses, or by his or her last will
and testament in writing, or any codicils thereto, to be by
him or her signed and published in the presence of, and to
be attested by the like number of credible witnesses, shall
from time to time direct or appoint; And in default of such
direction or appointment, do and shall stand and be pos-
sessed of and interested in the said sum of £- In trust
for all and every the children and child of the said E. F. by
the said G. H., his intended wife, who being a son or sons
shall attain the age of twenty-one years, or depart this life
under that age leaving issue, one or more child or children
of his or their body or respective bodies living at the time of
his or their decease or respective deceases, or born in due
time after, or who being a daughter or daughters shall attain
the age of twenty-one years or marry; the said sum of £
to be divided between or among them, if more than one, in
equal shares and proportions as tenants in common; And if
there shall be but one such child, then the whole to be in
trust for that one child, and the same to be an interest
vested or interests vested in such child or children respec-
tively, on or at the ages, days, or times hereinbefore men-
tioned, and to be paid to him, her, or them, on or at the
same ages, days, or times, if the same shall happen after
the decease of the survivor of them the said E. F. and
G. H.; but, if the same shall happen in the lifetime of

them the said E. F. and G. H., then immediately upon or

Subject as heretioned, to stand and be seised of

inbefore is men

the freehold and

copyhold, in dren,as husband and wife or sur

trust for chil

vivor shall ap

point.

after the decease of such survivor: Provided always, that no Hotchpot clause. child taking, or whose issue shall take any share of and in the said hereditaments, by virtue of or under any appointment to be made by the said E. F. and G. H., or either of them, in exercise of the powers or authorities hereinbefore contained, shall take any part or share of and in the unappointed part of the same hereditaments, without bringing his or her appointed share or shares into hotchpot, and accounting for the same accordingly (a). [Add clauses for maintenance and advancement]. And subject as hereinbefore is mentioned, do and shall, immediately after the decease of the said E. F., stand and be seised of the said freehold and copyhold hereditaments, In trust for all and every or such one or more exclusively of the other or others of the children of the said E. F. by the said G. H., his intended wife, or in trust for all and every or such one or more exclusively of the other or others of the issue born in the lifetime of the said E. F. and G. H., or the survivor of them, of any one or more of the said children of the said E. F. and G. H., or both, In trust for all and every or such one or more of the said issue, and for such estate or estates, interest or interests, in such parts, shares, and proportions, and charged and chargeable with such annual or other sum or sums of money, and with such remainders or limitations over, for the benefit of some one or more of the said children or issue, as the said E. F. and G. H., his intended wife, shall by any deed or deeds, instrument or instruments in writing, with or without power of revocation, to be by them sealed and delivered in the presence of and to be attested by two or more credible witnesses, shall from time to time direct or appoint; and, in default of such direction or appointment, as the survivor of them the said E. F. and G. H. shall by any deed or deeds, instrument or instruments in writing, to be by him or her sealed and delivered in the presence of and to be attested by two or more credible witnesses, or by his or her

(a) As to hotchpot in cases of customary division, vide Hargrave's Co. Litt. 176, b. n. 8 & 9.

In default of appointment, in trust for sons successively in tail male.

In default, in trust for daughters as tenants in common in tail, with crossremainders in tail.

In default of issue, if wife shall survive husband, in

trust for her in fee; but if not,

last will and testament in writing, or any codicil or codicils
thereto, to be by him or her signed, and published in the
presence of and to be attested by three or more credible
witnesses, direct or appoint. And in default of and until
any such direction, limitation, or appointment, and so far as
every or any such direction or appointment shall not ex-
tend, In trust for the first and every other son of the
said E. F. by the said G. H., severally, successively,
and in remainder, one after another, in order and course
as they shall respectively be in priority of birth, and the
heirs male of the body and respective bodies of such son
and sons lawfully issuing, the elder of such sons and the
heirs male of his body lawfully issuing to be always pre-
ferred and to take before the younger of such sons and
the heirs male of his and their body and respective bodies
lawfully issuing; and for default of such issue, In trust for
all and every
the daughters and daughter of the said E. F.
by the said G. H., to be divided between or among them,
(if more than one), in equal shares and proportions as
tenants in common, and the heirs of the body and respec-
tive bodies of all and every such daughter and daughters
lawfully issuing; And in case any one or more of the said
daughters shall depart this life, and there shall be a failure
of issue of her or their body or respective bodies, then
as well the original share or shares of such of them so
dying, and of whom there shall be a failure of issue as
aforesaid, as also such share or shares as shall accrue to
her or them, or her or their issue, on the death and
failure of issue of any other or others of the said daughters,
In trust for the others or other of the said daughters,
and the heirs of her and their body and respective bodies law-
fully issuing, and if more than one, in equal shares and propor-
tions as tenants in common; And on the death or failure
of issue of all the said daughters of the said intended marriage
but one, or if there shall be but one such daughter of the
said intended marriage, then, as to the whole of the said
freehold and copyhold hereditaments, In trust for that
one or only daughter, and the heirs of her body; And in
default of such issue, if the said G. H. shall survive the
said E. F., In trust for the said G. H., her heirs and