for maintenance and education of children.

No mortgage,

&c. to be made until some one portion shall

become payable.

of such survivor, Do and shall, after the decease of the said E. F., and until the portion or portions intended to be hereby provided for such child or children as aforesaid shall become payable, but nevertheless subject and without prejudice as aforesaid, by and out of the rents, issues, and profits of the said manors, messuages, lands, and other hereditaments, or any part or parts thereof, levy and raise, and pay and apply, at their or his discretion, for or towards the maintenance and education of such child or children respectively, such yearly sum and sums of money as the said E. F., at any time during his life, by any writing or writings, with or without power of revocation, to be by him sealed and delivered in the presence of and to be attested by two or more credible witnesses, or by his last will or testament in writing, or any codicil or codicils thereto, to be by him signed in the presence of and to be attested by the like number of credible witnesses, shall direct or appoint, not exceeding what the interest of the portion or portions intended to be hereby provided for such child or children respectively would amount unto at the rate of £ for every £100 by the year, were he, she, or they then entitled thereto; And in default of such direction or appointment, such yearly sum or sums of money, not exceeding the amount of such interest as aforesaid, as the said A. B. and C. D., and the survivor of them, and the executors, administrators, or assigns of such survivor, shall think fit; the said yearly sum or sums of money to be raised and paid by four even quarterly payments, on the

the day of

day of

and the

day of in every year, without any deduction or abatement whatsoever for or on account of any present or future taxes, or any other matter, cause, or thing whatsoever; and the first of the said quarterly payments to be made on such of the said days as shall first and next happen after the decease of the said E. F. Provided always, and it is hereby agreed and declared between and by the said parties to these presents, that the said A. B. and C. D., and the survivor of them, or the executors, administrators, or assigns of such survivor, shall not demise, mortgage, sell, or otherwise dispose of any part or parts of the said manors, messuages, lands, and other here

ecutors, ad

hall, after the decease of the said
n or portions intended to be here-
or children as aforesaid shall be-
heless subject and without preju-
ut of the rents, issues, and profits
uages, lands, and other heredita-

ts thereof, levy and raise, and pay
discretion, for or towards the main-
such child or children respectively,
s of money as the said E. F., at any
my writing or writings, with or with-
to be by him sealed and delivered
o be attested by two or more cre-
last will or testament in writing, or
hereto, to be by him signed in the
sted by the like number of credible
appoint, not exceeding what the
r portions intended to be hereby
children respectively would amount
- for every £100 by the year, were
titled thereto; And in default of
nent, such yearly sum or sums of
amount of such interest as aforesaid,
D., and the survivor of them, and
ors, or assigns of such survivor, shall
sum or sums of money to be raised
rterly payments, on the day of
day of, and the
the

future
year, without any deduction or abate-
n account of any present or
er, cause, or thing whatsoever; and
rly payments to be made on such of
and next happen after the decease
I always, and it is hereby agreed and
the said parties to these presents,
D., and the survivor of them, or the
or assigns of such survivor, shall
1, or otherwise dispose of any part

, messuages, lands, and other here

some one of the said portions shall become of the trusts aforesaid; And that the rents. fits which shall remain after payment of the s sums of money payable for or towards the education of such child or children as afor some one of such portions shall become p said, be had and received (but subject and as hereinbefore is mentioned) by the perso for the time being, by virtue of the limitati contained, shall be next entitled to the rev der of the said manors, messuages, lands, ditaments immediately expectant upon the the said term of

years, to and for his and benefit. Provided always, and it is here and declared between and by the said part sents, that if the said E. F. shall in his lif vance to or with any child or children for w portions is or are intended to be hereby p said, any sum or sums of money for or towa their portion or portions, or his, her, o ment or establishment in the world, then any such case, (unless the said E. F. sha under his hand direct the contrary), if sum or sums of money shall be equal the portion or portions intended to be her such child or children respectively as afo shall be accounted in full satisfaction of t her, or their portion or portions; but if su or sums of money shall be less than such tions, the same shall be considered as part or their portion or portions, and such mor raised under or by virtue of the trusts of

years, for the portion or portions of t children, to or with whom such sum or sum be so given or advanced by the said E. F together with the sum or sums of money advanced, will amount to and complete th money intended to be hereby provided f

Another form of declaration of trusts of term for raising portions for younger children, with

of

XCIX. And it is hereby declared and agreed by and between the said parties to these presents, that the said term years hereinbefore limited to the said A. B. and C. D., their executors, administrators, and assigns as aforeproviso of cesser. said, is so limited unto them upon this special trust and confidence, and to the intent and purpose that they the said A. B. and C. D., their executors, administrators, and assigns, shall and do, in case there shall be one or more child or children of the said E. F. by the said G. H., his intended wife, lawfully begotten (other than an eldest or only son), by sale or mortgage of the said term of

years of and in the said premises so to them limited as aforesaid, or of and in a competent part thereof, or by such other ways or means as they, or the survivor of them, or the executors or administrators of such survivor, shall think fit, raise and levy the sum of £ of lawful money of Great Britain for the portion or portions of all and every such child or children, not being an eldest or only son as aforesaid, to be equally divided between them, and paid at their respective ages of twenty-one years; and in case any of such children shall happen to die before his, her, or their portion or portions shall become payable as aforesaid, then the portion or portions of such of them so dying shall go and be paid unto and equally divided among the survivors or survivor of them, when the said original portion or portions of such surviving child or children shall become payable as aforesaid: Provided always, that in case all the same children shall happen to die before any of their portions shall become payable as aforesaid, Then and in such case the said sum of £so to be raised for their portions as aforesaid shall cease, and not be raised: Provided also, that no such sale or mortgage as aforesaid shall be made until some or one of the portions of the same children shall become payable as aforesaid: Provided always, and it is hereby further declared and agreed by and between the said parties to these presents, that in case there shall be no such child or children of the said E. F. by the said

rate of £ per cent. per annum; And do and shall (a) stand and be possessed of the same sum of £, and the interest thereof, upon such trusts, and for such ends, intents, and purposes, and under and subject to such provisoes, declarations, and agreements as are or shall be expressed and declared thereof in or by an indenture dated or to be dated on the day of the date of these presents, and made or to be made between &c.: Provided always, and it is hereby declared and agreed by and between the parties to these presents, that the said A. B. and C. D., or the survivor of them, his executors or administrators, shall not mortgage or sell all or any part of the said messuages &c. comprised in the said first-mentioned term.of years, until the end of one year next after the decease of the said E. F., and that, subject to the (b) payment of interest at the rate aforesaid for the said first-mentioned sum of £, all the rents and annual profits of the said messuages &c., comprised in the said first-mentioned term of years, or so much of the same rents and annual profits as from time to time shall remain after answering and paying the interest at the rate aforesaid, which from time to time shall become due for the said sum of £, shall belong to and be received and taken by the person or persons who for the time being shall be entitled to the same messuages &c., in remainder or reversion immediately after and expectant on the determination of the same term, to and for his and their own use and benefit: Provided also, and it is hereby further declared and agreed by and

(a) Or,

"pay the said sum of £, and the interest thereof, unto the said I. K., his executors, administrators, or assigns, or as he or they shall direct or appoint."

(b) Or,

"raising and payment of the said sum of £, and the interest thereof, in manner aforesaid, and the costs, charges, and expenses of carrying the trusts hereby reposed in the said A. B. and C. D., their executors, administrators, and assigns, into execution."