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husband's life

interest, if he

trade and becomes insolvent.

(In settlement of real estate).

LXXVII. Provided always, and it is hereby declared and To determine agreed by and between the parties to these presents, that if at any time the said A. B. shall by reason of his entering enters into into any trade or speculation become insolvent, or a fiat of bankrupt shall be taken out against him by reason of his being engaged in trade and insolvent, either alone or together with any other person or persons with whom he may happen to be in partnership, and he shall thereupon be duly found and declared a bankrupt, then and in such case the several limitations hereinbefore made to him of the said several messuages &c. hereinbefore mentioned, and hereby or intended to be hereby granted and released, shall cease, determine, and be utterly void; and the same several messuages &c., and every part thereof, shall in such case immediately thereupon go to the person or persons next beneficially entitled in remainder under the limitations hereinbefore contained, in the same manner and for the same estates as if the said A. B. was dead, without prejudice nevertheless to any lease or leases, demise or demises which previous to such cesser or determination shall have been granted or demised of the same premises, or any part thereof, in pursuance of the powers hereinafter for that purpose contained, and also without prejudice to the right of exercising the said powers of appointment, or any of them. And it is hereby further declared and agreed by and between the parties to these presents, that the cesser or determination of the estate or estates of the said A. B., by force and virtue of the proviso hereinbefore contained, shall not operate to exclude, prevent, or prejudice any of the contingent remainders hereinbefore limited to the children of the said A. B. and C. D., or any other person or persons, but that the remainders limited to the said E. F. and G. H., and their heirs, during the life of the said A. B., shall, after such cesser or determination, take effect and continue for preserving such contingent remainders, and giving them effect as they may arise; and that immediately from and after such cesser or determination, and during the suspension and contingency of such their expectant remainders, the said E. F. and G. H., their heirs and assigns, shall receive, pay, and apply the rents and profits of the said premises which would belong to the said A. B. if such cesser or determination

For ceasing an

nuity limited

ture in certain

events specified, and for

cesser of a term

for securing

to some part of lands, and of

attendancy of the same term

of lands, with

indemnity to

had not taken place, unto the person or persons, for the in-
tents and purposes, and in the manner to, for, and in which
the same rents and profits would be or would have been
payable or applicable respectively under or by virtue of the
limitations hereinbefore contained, in case the said A. B.
was actually dead. Provided also, and in case such bank-
ruptcy shall happen during the coverture of the said C. D.
by the said A. B., then and in that case the rents and profits
of the said messuages, lands, and hereditaments hereby set-
tled or intended so to be, which shall become due and payable
henceforth during the joint natural lives of the said A. B. and
C. D., shall be received, retained, and taken by the said E. F.
and G. H., and the survivor of them, and his heirs, and be
held in trust for the said C. D., for her sole use, separate
and apart from and exclusive of the said A. B., so and in
such manner that the same may not be under his control,
nor subject or liable to his debts, contracts, forfeitures, or
engagements.

LXXVIII. Provided always, and notwithstanding all or for wife's join- any of the uses or trusts hereinbefore expressed, declared, and contained, it is hereby declared and agreed by and between the parties to these presents, that in case the heirs, executors, administrators, or assigns of the said A. B. shall same annuity as at any time after the death of the said A. B., and in the event that he shall die in the lifetime of the said C. D., well and truly pay or cause to be paid to the said C. D., or her as to other part assigns, the sum of £— of lawful money of Great Britain, in lieu of the said annuity or yearly rent-charge of £persons paying or if the said A. B. or his assigns shall at any time during his lifetime well and truly pay or trustee or trustees for the time ninety-nine years the sum of £ be held by the same trustee or trustees in manner and upon the trusts hereinbefore expressed and declared or referred to concerning the same; or if the said A. B. or his assigns shall in his lifetime, with the consent and approbation of the said C. D. his intended wife, and of the trustee or trustees for the time being of the said term of ninety-nine years, and to his and her or their satisfaction, secure or cause to be se

money to trustees, and provisions for investment of

same upon certain trusts.

cause to be paid to the being of the said term of

of like lawful money, to

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cured to the said C. D. one clear annuity or yearly sum of £- to commence on the death of the said A. B., and continue during the life of the said C. D., either by charging the same on freehold, copyhold, or leasehold estates of adequate value, or by money invested in government or on real securities, then and in any or either of the said cases, and also on payment of all arrears (if any) of the said annuity or yearly rent-charge of £—, and the costs, charges, and expenses of and attending the trusts of the said term of ninetynine years, and also subject and without prejudice to the sale or sales, mortgage or mortgages (if any) which shall have been previously made under or by virtue of and pursuant to the trusts hereinbefore expressed and declared of the said term of ninety-nine years, the said annuity or yearly rent-charge of £ hereby limited to the use of the said C. D., shall cease and be void to all intents and purposes; and then also as to such and so many of the messuages &c. comprised in the said term of ninety-nine years as shall not have been previously sold or mortgaged as aforesaid, the then residue of the same term shall cease and be void to all intents and purposes; and as to such and so many of the same messuages, &c. as shall have been previously mortgaged and not sold, the then residue of the same term shall, on the request and at the costs and charges of the said A. B., his heirs or assigns, be assigned to a trustee or trustees of the nomination of the said A. B., his heirs or assigns, discharged of and from all the trusts hereby declared of the same term which shall then remain unperformed. And it is hereby further declared and agreed by and between the parties to these presents, that the person or persons who shall pay the said sum of £ to the trustee or trustees for the time being of the said term of ninety-nine years, shall not be obliged to see the application of the same sum of £- or be answerable or accountable for the misapplication or nonapplication of the same, and that the receipt of the same trustee or trustees for the said sum of £ shall be a good and effectual discharge to the person or persons who shall pay the said sum of £ And it is hereby further declared and agreed by and between the parties to these presents, that the said sum of £

That unless

infant feme co

vert concur

when of age in

all acts and deeds for confirming settlement, all

her estates shall

cease.

when and if the same shall be paid as aforesaid, in the lifetime of the said A. B., shall be invested at interest in manner hereinbefore mentioned concerning the money to arise from any sale or sales to be made as aforesaid, pursuant to the power in that behalf hereinbefore contained; and the interest arising from the same sum of £, and the accumulations (if any) of the interest of the same sum, shall, during the joint lives of the said A. B. and C. D., be invested in like manner, and the increase of the same sum of £—; and that in case the said C. D. shall die in the lifetime of the said A. B., then on the death of the said C. D., the stocks, funds, and securities, in or upon which the said sum of £—, and the accumulations of the interest thereof, shall be invested, shall be transferred and assigned to the said A. B., his executors, administrators, or assigns; and that in case the said A. B. shall die in the lifetime of the said C. D., then on the death of the said A. B., the same stocks, funds, and securities shall, with all convenient speed, be converted into money, and that £ part of the produce of the same stocks, funds, and securities, shall be paid to the said C. D., her executors, administrators, or assigns, and the residue of the same produce shall be paid to the executors, administrators, or assigns of the said A. B., as part of his personal

estate.

of

LXXIX. And it is hereby agreed and declared by and between the said parties to these presents, that in case the said C. D. shall, at any time after she shall attain her age of twenty-one years, and whether she shall be sole or married at that time, refuse, neglect, or decline, by the space one calendar month after request in writing to be made by the said E. F., G. H., and I. K. [trustees], or the survivors and survivor of them, his executors or administrators, to make, do, and execute, or join and concur in making, doing, and executing all such acknowledgments, acts, deeds, and other assurances whatsoever as by the trustee or trustees for the time being, or his or their counsel in the law, shall be deemed requisite or expedient for vesting and assuring the said messuages &c. hereby released or otherwise assured, or intended so to be, and in part described to be situate in the

county of E., unto and in the said E. F., G. H., and I. K., their heirs and assigns, to the uses, upon the trusts, and for the ends, intents, and purposes, and under and subject to the powers, provisoes, declarations, and agreements hereinbefore and hereinafter expressed and declared of and concerning the same messuages &c. respectively, then and in that case the life interest of the said C. D. of and in the sum and sums of money hereby assigned by the said A. B., or intended so to be; and also of and in the money to arise and be produced by or from the sale or sales to be made as aforesaid of the said lands situate in the said county of E. as aforesaid; and also the estate for life limited to her of and in all the lands and hereditaments situate in the county of W. as aforesaid, shall cease, determine, and be void to all intents and purposes whatsoever, for the benefit of the person or persons who are to take or be entitled to the same lands, hereditaments, and money, upon and after the decease of the said C. D., and as fully and effectually, to all intents and purposes, as if the said C. D. was actually dead, any thing hereinbefore contained to the contrary in anywise notwithstanding.

fant shall, on attaining twen

ty-one, do all acts for giving effect to the settlement made

of her own pro

perty, she shall

under the present settlement.

forfeit all benefit

LXXX. And lastly, it is hereby declared and agreed by That unless inand between the parties to these presents, as far as they respectively are interested, that unless the said C. D. do and shall, when and as soon as she shall attain her age of twentyone years, or as soon thereafter as she shall, by three calendar months' notice in writing, be requested by the said A.B., or the trustee or trustees for the time being of these presents, make, execute, and concur in all such acts, deeds, and assurances as by the trustee or trustees for the time being of these presents, or his or their counsel in the law, shall be thought necessary and expedient for confirming, giving effect to, and fully establishing the settlement made or forthwith intended to be made of the property of the said C. D., by the second-mentioned indenture bearing even date with these presents, according to the true intent and meaning of the same settlement and of the parties thereto, then and in such case the said C. D. shall be excluded from all benefit under this settlement, and thenceforth the uses, trusts, limit

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