After marriage with consent, &c., to dispose of stock and bonuses, and invest proceeds in other funds, or upon real securities. mean time, and until the said intended marriage shall be duly had and solemnized; and from and immediately after the solemnization thereof, Upon the trusts, and for the ends, intents, and purposes, and with, under, and subject to the powers, provisoes, conditions, and agreements hereinafter expressed, declared, and contained of and concerning the same; (that is to say), Upon trust that they the said trustees, and the survivors and survivor of them, and the executors, administrators, and assigns of the survivor of them, do and shall, from time to time, during the life of the said A. B., with her consent, to be testified by some writing under her hand, and after her decease with the consent of the said C. D., if he shall survive the said A. B., to be testified by some writing under his hand, and after the decease of the survivor of them, then in the discretion and of the proper authority of them the said trustees, or the survivors or survivor of them, his executors or administrators, sell and dispose of the said sum of £ capital stock, and any accumulations and additions thereto, by reason of any such bonuses or extraordinary dividends as aforesaid, or any part of the same, and with such consent or in such discretion as aforesaid lay out and invest the produce thereof in or upon any other of the parliamentary stocks or funds of Great Britain, or upon real securities in the principality of Wales or in England; And also do and shall lay out and invest in or upon any such stocks, funds, or securities as aforesaid the amount of any bonuses or extraordinary dividends, (not being stocks or funds), which shall be received by the said trustees or trustee for the time being in respect of the said sum of £ capital stock, during the continuance of the same, upon the trusts of these presents, or in respect of any other sum of bank stock which shall at any time be purchased with the produce of all or any part of the stocks, funds, or securities, from time to time be subject to the same trusts, under the provision lastly hereinbefore contained; And do and shall stand and be possessed of the said sum of £capital stock, and bonuses or additions thereto, and of the stocks, funds, and securities in or upon which the produce thereof shall from time to time be invested, and the interest, dividends, and income of the same stocks, funds, and securities respectively, Upon trust &c. [for separate use of wife during the joint lives of the wife and husband]; And from and immediately after the decease of either of them the said A. B. and C. D., Upon trust to permit and suffer, or authorize and empower the survivor of them the said A. B. and C. D., his or her assigns, to receive all the dividends, interest, and income of the said trust monies, stocks, funds, and securities, which shall become due from time to time during his or her natural life; And from and immediately after the decease of the survivor of them the said A. B. and C. D., his said intended wife, Upon trust &c. [trusts for children], unto the person or persons, who, at the time of the decease of the survivor of them the said A. B. and C. D., or, which shall last happen, at the time of such failure of the issue of the said intended marriage as aforesaid, shall be of the blood of the said A. B. and in next of kin to her, and who, in his, her, or their own right, or in right of his, her, or their representation, would be entitled to the same under the statutes for the distribution of the effects of intestates, in case the said A. B. had died at that time possessed thereof and intestate, and without being under coverture; and if there shall be more than one such person, then to be divided between them, in such parts, shares, and proportions as they would be entitled to the same under the said statutes. CLI. And it is hereby further directed, declared, and agreed by and between the parties to these presents, that the said A. B. and C. D., and the survivor of them, his executors and administrators, shall retain to and for himself and themselves the costs, charges, and expenses of and attending the execution of the trusts hereby reposed in him and them; and shall stand and be possessed of the said sum of £, when raised, upon the trusts, and for the ends, intents, and purposes hereinafter expressed and declared concerning the same; (that is to say), Upon trust for such person or persons, and for such ends, intents, and purposes, and under and subject to such powers, provisoes, declarations, and agreements, as the said E. F. and G. H. by any deed or deeds, instrument or instruments in writing, to be For kindred in per stirpes. more credible witness or witnesses, and attested by the same witness or witnesses, shall jointly direct, limit, or appoint; And in default of such direction, limitation, or appointment, do and shall lay out and invest the said sum of £—, or, as the case shall require, the residue thereof, in the purchase of lands of inheritance, to be situate in Great Britain, to be settled to the same or the like uses as are hereinbefore declared of and concerning the manor, messuages, and hereditaments hereby bargained and sold, or intended so to be; And do and shall pay the interest of the said sum of £ or, as the case shall require, the residue thereof, to the person or persons who, for the time being and from time to time, would be entitled to the rents and profits of the lands hereby directed to be purchased, in case the same had been purchased and settled to the uses hereinbefore directed to be limited and declared thereof; and upon no other trust, nor for any other end, intent, or purpose whatsoever. CLII. In trust for the person or persons of kin to the a certain degree said A. B., and being a brother or sister, brothers or sisters, or issue of a deceased brother or sister, brothers or sisters, who shall be living when all the trusts hereinbefore declared, or which shall be declared under or by virtue of any such appointment or appointments as aforesaid, shall, as to the said trust monies, stocks, funds, and securities respectively determine, or fail of effect, to be divided between them, if more than one, as tenants in common and not as joint-tenants, and per stirpes and not per capita, so that the issue of each deceased brother or sister may take the share which that brother or sister, if living, would have taken; and so and in such manner that the issue of each brother or sister respectively who shall be dead, may as between themselves, if more than one, take equal shares as tenants in common and not as joint-tenants, and so as no person shall take under the description of issue unless his or her parent shall be dead; and in case no such brother or sister, or issue of a deceased brother or sister shall be then living, &c. Money when paid to be in CLIII. And it is hereby further declared and agreed, and manner, and subject to the like restrictions arising from the sale of realty. as the money by and between the parties to these presents, That the vested in like said sum of £ to be paid as aforesaid by the said A. B. shall, when the same shall be paid, be laid out invested by the said C. D. and E. F., or the survivor of them, his executors or administrators, or other trustee or trustees thereof for the time being, in or upon Government or real securities, in the same or the like manner, and under and subject to the same or the like restrictions, as the money arising from the sale of the said messuages &c., so charged or made chargeable with the said sum of £ and £, as herein before directed to be laid out and invested, and that the said sum of £, when paid, shall be considered as paid in lieu and satisfaction of the said sum of £ and £, directed to be raised and paid as aforesaid; Subject nevertheless and without prejudice to the right of the said A. B., his executors, administrators, or assigns, to the said sum of £, and the interest thereof, and the stocks, funds, and securities in or upon which the same shall be invested, so far as the same shall not be wanted for answering the trusts hereinbefore declared of the said sums of £ and £- and the maintenance, money, and interest to be paid in respect thereof: Provided Declaration that always, and it is hereby further agreed and declared, that paid in discharge the stocks, funds, and securities in or upon which the same sum of £ shall be invested, shall belong to and be held for the benefit of the person or persons, if any, who can or may claim the said sum of £ hereinbefore -, may have the full of the stocks, funds, charged on the said messuages &c., so that the child or interest of sum of lands from portions, shall be received by ing payment, the party maktill maintenance and interest re quired for children entitled to portions. In favour of il interest may be to the extent of the dividends and income of the stocks, funds, and securities to be purchased with the said sum of £ to be paid by the said A. B. as aforesaid; And also, that if and in case all or any part of the said sum of £ shall become payable, then the said sum of £- or so much thereof as shall become payable, shall be raised, answered, and paid out of a competent part of the said stocks, funds, and securities; and the residue of the same stocks, funds, and securities shall be transferred to the said A. B., his executors, administrators, or assigns. CLIV. Upon trust (a) that he the said A. B., his execudren. (In wills), tors or administrators, Do and shall, as soon as conveniently legitimate chil (a) This Form, drawn by the late Professor Park, occasioned the following observations, which will sufficiently explain its purport and effect:-" On an anxious reconsideration of the peculiar circumstances of this transaction, I have thought it advisable to remodel the trusts in the form in which they now stand, as the best mode of meeting the several difficulties arising from the situation of the parties. The advantages of the present arrangement are, 1st, that in no case can any share lapse by the death of a child in the life of the testatrix; 2nd, that the expense of repeated administrations may be saved by the lineal representatives of the children (who alone could administer), taking as persona designatæ under the character of issue; and, 3rdly, that in no case that I can contemplate, will the Crown be entitled to the share of any deceased child. "If any of the children, whether adult or not adult, die before the testatrix, leaving any issue, such issue will, as the draft now stands, stand in the place, and take the share, of the deceased child. If no issue, the whole property will be shared by the surviving children, as if the deceased child had never existed, and there will be no lapse, because such child will never have fulfilled the character of a legatee. If all the children survive the testatrix, and one or more of them die in the lifetime of the others, leaving issue, or having made any disposition of the share, that share will then be taken by the issue, or the persons in whose favour the disposition is made; and if there are no issue, and no disposition has been made, the share will go to the surviving children, and the issue of any who are dead. I think it is advisable that the vesting of the shares should not be postponed as to any of the children, but that they should vest immediately on the death of the testatrix, (though not |