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for life.

cease of sur

and securities, to such person or persons, and for such in- to the survivor tents and purposes, as the said G. H. shall from time to time, notwithstanding her coverture, by any writing or writings under her hand, (but not so as to dispose of or affect the same by way of anticipation), direct or appoint; and in default of such direction or appointment, into her own hands, for her own sole and separate use and benefit, independently and exclusively of the said E. F. her intended husband, and without being in any wise subject to his debts, control, or engagement; and the receipts of the said G. H. or of her appointees, notwithstanding her coverture, to be from time to time. sufficient discharges for the same; and from and after the decease of such of them the said E. F. and G. H. as shall first depart this life, do and shall pay the said interest, dividends, and annual produce unto or permit the same to be received by the survivor of them the said E. F. and G. H., his intended wife, during his or her life; and from and immediately after the decease of the survivor of them the said E. F. and G. H., Upon trust that they the said A. B. and C. D., and the survivor of them, and the executors, administrators, and assigns of such survivor, do and shall stand possessed of the said trust monies, stocks, funds, and securities, In trust for all and every or such one or more exclusively of the other or others of the child or children of the said E. F. by the said G. H., at such age or time, ages or times, and if more than one, in such shares and proportions, and for such estate or estates, as the said E. F. and G. H. shall, by any deed or deeds, with or without power of revocation, to be by them sealed and delivered in the presence of and attested by two or more credible witnesses, jointly appoint; And in default of such appointment, then In default, as as the survivor of them the said E. F. and G. H. shall, by survivor shall appoint. any deed or deeds, 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, 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, appoint; And for want of such appointment, In trust for all and every the child or children of the said E. F.

After the devivor, in trust for children, as wife shall jointly appoint by deed.

husband and

In default of appointment, for

children as te

of hotchpot.

In default of children, upon

trust for survivor of husband and wife absolutely.

Declaration of

secured upon mortgage.

upon the same

trusts as the funds stood

age of twenty-one years, or who, being a daughter or daughters, shall attain that age or marry, to be divided between such children, (if more than one), in equal shares and proportions as tenants in common; and if there shall be but one such child, the whole to be in trust for that one child; But no child taking under any appointment to be made in exercise of the aforesaid powers, or any of them, shall be entitled to any share of the unappointed part of the said premises, without bringing his or her appointed share or shares into hotchpot, and accounting for the same accordingly: And if there shall be no child of the said intended marriage who shall become entitled to the said trust premises under the trusts aforesaid, then upon trust for the survivor of them the said E. F. and G. H., his or her executors, administrators, or assigns, for his, her, or their absolute use and benefit.

CXXXVIII. And it is hereby agreed and declared betrusts of money tween and by the parties to these presents, that they the said A. B., C. D., and E. F., and the survivors and survivor of them, and the executors, administrators, and assigns of such survivor, shall stand and be possessed of all and singular the premises hereinbefore assigned, or expressed and intended so to be, upon the trusts, and to and for the intents and purposes hereinafter expressed and declared of and conUntil marriage, cerning the same; (that is to say), Upon trust for the said G. H. [tenant for life], and L. M., until the said intended marriage shall be had and solemnized, according to their execution of in- respective estate and interest therein immediately previously to the execution of these presents; and from and immeation, upon trust diately after the solemnization of the said intended marriage, Upon trust, that they the said trustees, and the survivors and survivor of them, and the executors, administrators, and assigns of such survivor, do and shall either permit and suffer the said several sums of money and premises hereinbefore assigned, or expressed and intended so to be, to remain in their respective actual states of investment, or do and shall, with the consent in writing of the said I. K. and L. M. [intended husband and wife], during their joint

previously to

denture; and

after solemniz

to vary secu

rities.

wife, to pay annuity to wife for

her separate use for pin-money.

lives, and after the decease of either of them, with the consent of the survivor of them, and after the decease of such survivor, at the discretion of the trustees or trustee for the time being of these presents, call in and receive the same or any part thereof; and do and shall (with such consent, or at such discretion as aforesaid) lay out and invest the money so to be called in and received as aforesaid, in their or his names or name, in the parliamentary stocks or public funds of Great Britain, or at interest upon government or real securities in England or Wales [but not on real securities in Ireland]; And do and shall, from time to time, (with such consent or at such discretion as aforesaid), alter, vary, and transpose the said stocks, funds, and securities, as to them or him shall seem proper; And do and shall stand and be And during possessed of and interested in the interest, dividends, and husband and annual produce of all and singular the said trust monies, stocks, funds, and securities, Upon trust, that they the said trustees or trustee do and shall, during the joint lives of the said I. K. and L. M., pay and apply the clear yearly sum of £, part of such interest, dividends, and annual produce, free from all deductions, by equal half-yearly payments, to such person or persons only, and for such intents and purposes only as the said L. M., notwithstanding her coverture, shall from time to time, by any writing under her hand, (but not so as to dispose of or affect the same by way of anticipation), direct or appoint; And in default of such direction or appointment into the proper hands of the said L. M., for her sole and separate use and benefit, independently and exclusively of the said I. K., her intended husband, and without being subject to his debts, controul, interference, or engagements, and the receipts of the said L. M., or of her appointees, notwithstanding her coverture, to be from time to time sufficient discharges for the same; the first halfyearly payment of such annuity or sum of £ to be made on the day of next ensuing the date of these presents; And do and shall pay all the residue of the said interest, dividends, and annual produce unto, or permit the same to be received by, the said I. K., or his assigns; And from and immediately after the decease of either of them the said I. K. and L. M., do and shall pay the whole of the

Residue to hus

the decease of either, upon

band; and after

trust for sur

vivor for life.

survivor, upon trust for chil

dren as husband

and wife shall

jointly appoint by deed; in default, as survivor shall appoint by deed or will.

the same to be received by, the survivor of them the said After decease of I. K. and L. M., during his or her life; And from and immediately after the decease of the survivor of them, the said I. K. and L. M., Upon trust, that they the said trustees and trustee, and the survivors and survivor of them, and the executors, administrators, and assigns of such survivor, do and shall stand and be possessed of and interested in the said trust monies, stocks, funds, and securities, and the interest, dividends, and annual produce thereof, In trust for all and every or such one or more, exclusively of the other or others of the child or children of the said I. K. by the said L. M., at such age or time, ages or times, and if more than one in such shares and proportions, and for such estate or estates as the said I. K. and L. M., his intended wife, shall by any deed or deeds, 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, jointly appoint; And in default of such appointment, then as the survivor of them the said I. K. and L. M. shall by any deed or deeds, 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 codicil or codicils thereto, to be by him or her signed and published in the presence of and to be attested by a like number of credible witnesses, appoint; And for default of such appointment, In trust for all and every the child or children of the said intended marriage, who, being a son or sons, shall attain the age of twenty-one years, or who, being a daughter or daughters, shall attain that age, or marry, to be divided between such children, if more than one, in equal shares and proportions, as tenants in common; and if there shall be but one such child, the whole to be in trust for that one child; But no child taking under any appointment to be made in exercise of the aforesaid powers, or any of them, shall be entitled to any share of the unappointed part of the said premises, without bringing his or her appointed share into hotchpot, and accounting for the same accordingly; And if there shall be no child of the said intended marriage who shall become entitled to the said trust monies under the

In default of
appointment,
for children
equally; with
clause of hotch-
pot.

In default of

children, to husband absolutely.

trusts aforesaid, Then upon trust for the said I. K., his executors, administrators, and assigns, to and for his and their own absolute use and benefit.

CXXXIX. Upon trust, in the first place, for better securing to the said C. D. the due and regular payment of the annuity or yearly sum of £- hereinbefore mentioned to have been provided for her during the joint lives of the said A. B. and C. D., by the said in part recited indenture of settlement bearing even date herewith; and for that purpose, upon this further trust, that the said E. F. and G. H., and the survivor of them, his executors or administrators, do and shall from time to time during the joint lives of the said A. B. and C. D., yearly and every year, retain and take the sum of £ of like lawful money as aforesaid, by and out of the dividends, interest, and income of the said trust monies, stocks, funds, and securities, and do and shall stand and be possessed of the said yearly sum of £, upon the same or the like trusts, for the separate use of the said C. D., and with the same or the like restrictions, power of giving discharges, and other circumstances as are declared and expressed of and concerning the annuity or yearly sum of £- secured to the said C. D. by the said recited indenture of settlement bearing even date herewith, to the intent that the said trust monies, stocks, funds, and securities, or the dividends, interest, and income thereof, may be a fund for the payment of the said yearly sum of £- -, either in aid of the hereditaments charged or made chargeable with the payment thereof as hereinbefore mentioned, or as the primary fund, and in exoneration of the same hereditaments, at the discretion of the said C. D.; yet, nevertheless, so that the said C. D. shall be entitled only to one yearly sum of £, and not to several sums of that amount, and so also that as between the said A. B. and his assigns on the one part, and any person or persons claiming any beneficial interest in all or any of the hereditaments so charged or made chargeable with the said annuity of £as aforesaid, by, from, or under the said A. B., the said trust monies, stocks, funds, and securities, or the interest, dividends, and income thereof, shall be and be considered as the pri

of a money fund (being the intended wife's property) as an

additional se

curity for the
payment of her
pin-money, se-
cured to her
of a term in a
settlement of
husband's lands.

under the trusts

even date of the

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