or

and he and they is and are hereby authorized, and also required upon the request of the said E. F., to advance and lend to the said E. F. all or any part of the said sum of £of the produce of the stocks, funds, and securities upon which that sum shall from time to time be invested, upon the security of the bond of him the said E. F., payable on demand (a), without any responsibility by or on the part of them the said A. B. and C. D., or the survivor of them, his executors or administrators, for any loss of the said trust monies, or any part thereof which may happen by advancing the same to the said E. F., and without any discretion in them the said A. B. and C. D., and the survivor of them, his executors or administrators, to withhold the loan of the said money from the said E. F., or to enforce the payment thereof (b), either at law or in equity, against the will of the said E. F., so long as he shall continue in trade, and with an option to the said E. F. to pay in the said money from time to time when he shall think fit, and to have the same again advanced to him on his request; and further that the money which from time to time shall be advanced or lent to the said E. F., and the securities which shall be taken for the same money, shall be held upon the trusts, and for the ends, intents, and purposes hereinbefore expressed, declared, and contained of and concerning the said sum of £, and the stocks, funds, and securities upon which that sum is directed

the said bond; (and which judgment shall or may be entered up accordingly in the discretion of the said A. B. and C. D., or the survivor of them, his executors or administrators), so long as the said A. B. and C. D., or the survivor of them, his executors or administrators, shall think fit, without any responsibility by or on the part of the said A. B. and C. D., or the survivor of them, his executors or administrators, for loss of the said trust monies, or any part thereof, which may happen thereby, and with an option, &c."

any

(a) Or,

"with interest for the same in the meantime, after the rate of £5 per cent. per annum."

(b)"during the life of the said E. F.”

Of revocation and new appointment over real property.

to be invested; but nothing hereinbefore contained shall affect or prejudice the right of the trustees or trustee for the time being to receive a dividend in respect of so much and such part (if any) of the said trust monies as shall be in the hands of the said E. F. when and if he shall become bankrupt or insolvent, and there shall be a distribution of the produce of his effects among his creditors (a).

CXL. Provided always, and it is hereby expressly declared and agreed between and by all the said parties to these presents, that (b) it shall and may be lawful to and for the

(a) Where the husband covenants to pay a sum of money to the trus tees to the uses of the settlement, the following may be added:"And further, that if the said E. F. shall become bankrupt or insolvent at any time after the sum of £ hereinafter covenanted to be paid by him to the trustees or trustee of this settlement shall have been paid accordingly, then and in that case the life interest of the said E. F. of and in the said sum of £, or the stocks, funds, or securities in or upon which the same shall be invested, and also the contingent interest of the said E. F. in the principal of the same trust monies, stocks, funds, and securities, shall be a fund for answering and paying, and shall be charged and chargeable with the payment of the sum or sums of money which shall then be in the hands of the said E. F., on the security of his bond as aforesaid, or so much or such part thereof as shall not be received by the said trustees or trustee for the time being, on any such distribution of the effects of the said E. F. as aforesaid." Vide Higginson v. Kelly, 1 Ball. & B. 252, as an authority for this clause in principle.

(b) Or,

"In case the said A. B. shall at any time hereafter, in lieu of the said manor &c. called A., settle, convey, and assure other lands and hereditaments situate in England, and of the clear yearly value of £, and held in fee simple, to the same uses, upon the same trusts, and for the same ends, intents, and purposes, and under and subject &c. (except the present power) as are hereby limited, expressed, and de

said A. B. and C. D., at any time or times hereafter, during their joint lives, by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by them both in the presence of and attested by two or more credible witnesses, to alter, vary, revoke, determine, and make void, either in part or in the whole, these presents, and the limitation and appointment, grant and release hereinbefore made by them, and all, every, or any of the uses, trusts, intents, purposes, powers, provisoes, limitations, declarations, and agreements hereinbefore limited, expressed, and declared of and concerning the manor, messuages, lands, and other hereditaments hereby limited and appointed, granted and released, or intended so to be; and by the same or any other deed or deeds, instrument or instruments in writing, to be so sealed, delivered, and attested as aforesaid, to direct, limit, and appoint (a), grant, and release the same, to the use of such other person or persons, for such other estate and estates, with such remainders over, upon such trusts, and for such intents and purposes, and charged and chargeable in such sort, manner, and form, and subject to, by, with, and under such powers, conditions, provisoes, limitations, declarations, and agreements, as the said A. B. and C. D. shall think proper, any thing hereinbefore contained to the contrary thereof in anywise notwithstanding (b).

clared of and concerning the said manor called A., and either subject or without being subject to a prior estate for the life of the said C. D. [the tenant for life under a prior settlement], then and in that case, and at any time thereafter it shall &c."

66

(a) Or,

Any new and other use or uses, estate or estates, trust or trusts, power or powers of and concerning the same messuages &c., or so much or such part or parts thereof of or concerning which such revocation or alteration shall be made as aforesaid."

(b) Provided further, and as far as the rules of law and equity will admit, and such restriction may be lawfully imposed without impeaching or invalidating the power of revo

Of revocation

and new appointment, to

be exercised by

husband and

wife jointly, with consent of trus

tees, over a money fund.

CXLI. Provided always, and it is hereby declared and agreed by and between the parties to these presents, that notwithstanding all or any of the trusts, powers, and provisions hereinbefore expressed and declared of and concerning the said sum of £, and the stocks, funds, and securities in and upon which the same shall from time to time be invested, but subject nevertheless and without prejudice to the right of the said I. K. to receive the dividends, interest, and income thereof which shall become due during his lifetime, it shall or may be lawful to and for the said E. F. and G. his wife, jointly, at any time or times and from time to time during their joint lives, with the consent in writing of the said A. B. and C. D., or of the survivor of them, or the person or persons who for the time being shall be the trustee or trustees of the said sum of £, and the stocks, funds, and securities in or upon which the same shall be invested, by any deed or deeds, writing or writings, to be sealed and delivered by them in the presence of two or more credible witnesses, and to be attested by the same witnesses, to alter, vary, revoke, annul, and determine all and every or any of the trusts, powers, and provisions hereinbefore expressed, declared, and contained of and concerning the said sum of £, and the stocks, funds, and securities in and upon which the same shall be invested, and the dividends, interest, and income thereof; and by the same or any other deed or deeds, writing or writings, to be sealed and delivered and attested as aforesaid, and with such consent and approbation as aforesaid, and either with or without power of revocation,

cation and new appointment hereinbefore contained, the said A. B. and C. D. do hereby direct and appoint that no revocation or new appointment to be made by them in exercise of the power of revocation and new appointment hereinbefore contained, shall be or be deemed available at law or in equity unless such persons hereinafter named, that is to say G. H. of &c., and I. K. of &c., if then living and in England, shall be a subscribing witness or witnesses to the execution of any such revocation and new appointment as one or two of such four witnesses as aforesaid."

to declare, direct, or appoint any new or other trust or trusts, powers, and provisions of and concerning all or any part of the said sum of £, and the stocks, funds, and securities in and upon which the same shall be then invested, and the dividends, interest, and income thereof, in lieu or in stead of the trusts, powers, and provisions which shall be altered, varied, revoked, annulled, and determined as aforesaid.

CXLII. Provided always, and it is hereby declared and agreed by and between the said parties to these presents, that if the said A. B. shall, at any time hereafter during his life and after the death of the said E. F. and G. his wife, or during the joint lives of the said E. F. and G. his wife, with their consent in writing, and after the death of one of them, with the consent in writing of the survivor of them, and after the death of the survivor of them, with the consent in writing of the said I. K. and L. M. [releasees to uses], or the survivor of them, or the trustee or trustees who, for the time being, shall be substituted in his or their place or stead, settle or cause to be settled any other freehold messuages, lands, tenements, or hereditaments situate in England, and held for an estate in fee simple in possession, or subject only to leases at rack or improved rents, which shall at that time be of the clear yearly value of £- over and beyond landtax and all other reprises, to the same or the like uses, and upon the same or the like trusts, and for the same or the like ends, intents, and purposes, and under and subject to the same or the like powers, provisoes, declarations, and agreements as are hereinbefore limited, expressed, and declared of and concerning the messuages, closes, lands, tenements, and hereditaments hereby released or otherwise assured, or intended so to be, or such and so many of the same uses, trusts, ends, intents, and purposes, powers, provisoes, declarations, and agreements, as shall be then existing undetermined and capable of taking effect, then and in that case it shall or may be lawful to and for the said A. B. in the lifetime of the said E. F. and G. his wife, with their joint consent in writing, and after the death of one of them, with the consent in writing of the survivor of them, and after the death of the survivor of them, then with the consent in

To revoke uses the settlement of other lands of a given value.

of settlement on