different persons, of the degree of barristers at law, one to be named by the person or persons who shall be so in difference or dispute as aforesaid, their executors or administrators, and the other to be named by the said A. B., his executors or administrators; and in case such two referees cannot agree on an award, then to the umpirage and arbitration of such one person as the said two referees shall appoint by any writing under their hands; the order or determination of which said referees or their umpire shall be binding and conclusive on every person taking any benefit under this my will, so as such referees shall make their award in writing under their hands, or appoint an umpire, within calendar months next after each respective reference to them, and so as such umpire shall make his determination in writing under his hand within -calendar months after he shall be appointed an umpire. And my will further is, and I do hereby declare, that if any or either of them the said C. D. and E. F., or their respective husbands, or their said children or issue, (and as to such children or issue within twenty-one years next after the decease of the survivor of the said C. D. and E. F.), should neglect or refuse to comply with the conditions or directions hereinbefore contained, or any part thereof, that then and in such case the trusts hereinbefore declared for the benefit of the person or persons who or whose husbands shall so neglect or refuse as aforesaid, shall cease, determine, and become void in favour of the persons who shall be entitled next in succession, under the trusts hereinbefore declared, as to the said C. D. and E. F. respectively, as if they respectively were actually dead, and as to the said children or issue respectively, as if they respectively had departed this life, being males, under the age of twenty-one years, and without having any issue lawfully begotten living at their respective deaths, or being females, under that age, and without having been married with such consent as aforesaid. Provided always, and my will further is, that if the said A. B., his executors or administrators, should neglect or refuse to appoint a referee in any such case as aforesaid after such reference shall have been required by any person entitled to any benefit under this my will, or shall neglect or refuse to obey or conform to the

That wife's personalty, though not reduced

into possession,

shall become

the property of husband imme

diately after marriage.

That recitals

shall not be con

strued as sti

award or determination of any such referees or their umpire, touching or concerning the matters to be to them referred, that then and in such case the said trust monies, stocks, funds, and securities shall be and be considered as discharged of and from the proviso lastly hereinbefore contained in that behalf, and the said C. D. and E. F. and their respective husbands and children, or other issue, or any of them respectively, shall or may pursue any remedies against the said A. B., his executors or administrators, which they shall think fit, without prejudice to any benefit to be taken by them or any of them under this my will.

LXXXVI. And it is hereby agreed and declared by and between the parties hereunto, and in particular the said A. B. doth hereby consent and agree that all the money, and securities for money, and other personal property of the said A. B. (other than and except the said sum of £), shall, immediately after the solemnization of the said intended marriage, become and be the absolute property of the said C. D., notwithstanding his death in the lifetime of the said A. B., or before he shall have obtained the actual possession of the same (a).

LXXXVII. And it is hereby declared and agreed by and between all the said parties hereto, as far as they are pulations on be- respectively interested, that none of the recitals herein before half of granting contained, though true as far as the state of the title apparties, or make pears or can be ascertained, shall be or be construed as a

them or trustees answerable.

That portions

for children

shall be in lieu

stipulation or agreement, either at law or in equity, by or on the part of the granting and conveying parties, or any of them, that the same recitals are true, so as to make the said trustees or granting or conveying parties answerable by reason or in respect of the same recitals or any of them.

LXXXVIII. Provided also, and it is hereby further agreed and declared, that the portion or portions hereinand substitution before provided for the said younger child and children of portions pro

(a) Vide Vol. I. book iii. chap. 6, "Of Settlements."

former settle

shall be deemed and taken in lieu and in full satisfaction of vided by a and as an equivalent for any portion or portions, sum or ment. sums of money, or any other claim and demand which now is or which shall or may be due and payable to them respectively under and by virtue of the said recited indenture of release and settlement and will respectively, or either of them, and shall not be deemed or taken as in addition thereto, any thing hereinbefore contained to the contrary notwithstanding.

That provisions

for children,&c.

shall be in satisfaction of the

provisions made

for them by the

testator's marriage settle

LXXXIX. And I also declare, that the provision hereby made for my said children, grandchildren, and issue respectively, is in lieu and full satisfaction of the provision made for my children by my said marriage-settlement, so that the money thereby secured to my children may be considered as part of the trust monies settled by this my will; and so that ment. my said children, or any person or persons deriving a title under them, and also claiming any benefit under this my will, may be bound to conform to the dispositions of this my will.

XC. Provided always, and notwithstanding any of the trusts hereinbefore expressed and declared, it is hereby agreed by and between the parties to these presents, that no child or children of the said A. B. who shall be entitled to all or any part of the said trust monies, stocks, funds, and securities, under the trusts hereinbefore declared thereof, or the executors, administrators, or assigns of the same child or children, shall have the same trust monies, stocks, funds, and securities, or his, her, or their share or shares thereof, paid or transferred to him, her, or them respectively, before or until such time as the same child or children respectively, or being a female or females and married, her or their husband. or husbands, or the executors or administrators of a deceased child or children, or, at the option of the said C. D., his executors or administrators, the assignee (if any) of the same child or children, shall have executed, at his or their own costs and charges, to the said C. D., his executors or administrators, a bond in the sum of £ ditioned for the indemnity of the said

at least, to be con-
C. D., his heirs,

To suspend the

que trust to
call for their
they shall have
portions, till
given a bond
for indemnity,
&c.; and in the
meantime, their

portions to be a
fund for indem-
nity.

That trust-mo

nies secured by

bond shall be the principal fund to indemnify against eviction, and children not to be entitled to

same till after

doing necessary

acts to convey

and confirm,

executors, and administrators, and all persons claiming under him and them, of and from all costs, charges, and expenses as between attorney and client, which the said C. D., his heirs, executors, and administrators, and every of them, shall from time to time severally and respectively incur, and disburse or become liable to pay for or in respect of any suit or suits then depending, or which at any time and from time to time thereafter shall be instituted against the said C. D., his heirs, executors, and administrators, or to which he or they shall be made a party or parties, for or by reason or on account of the said recited will and codicil of the said A. B., or the probate of the same will and codicil, or all or any of the trusts, devises, and dispositions contained in the same will and codicil respectively, or the refusal to act in the execution of all or any of the same trusts, or on any other account in anywise concerning the said recited will and codicil of the said A. B., or his real or personal estate, or the execution of these presents, or the trusts hereinbefore contained, on the payment or transfer of the same portion or portions respectively; and that in the meantime, until such bond shall be executed by each such child, her or their husband or husbands, executors, administrators, or assigns, pursuant to the provision hereinbefore contained in that behalf, the share of the same child shall remain, continue, and be charged and chargeable with, and be a fund for the indemnity of the said C. D., his heirs, executors, or administrators, and all persons claiming under him and them, in lieu and place of such bond, and for all the purposes for which such bond is hereby required to be given.

XCI. Provided always, and notwithstanding any of the trusts hereinbefore declared and contained, the said trust monies secured by the said bond, and the securities on which the same shall be invested, shall be held under and subject to the further trusts hereinafter declared concerning the same; (that is to say), in case the said A. B., his heirs or assigns, shall at any time during the life of the said C. D., or after her death and during the minority of any of the children or issue of the said intended marriage, or within six years

after such issue shall attain the age of twenty-one years, or,

which shall first happen, within six years after the failure of such issue, be evicted from the possession or enjoyment of all or any part of a certain farm called W., situate in the parish of B. aforesaid, and containing acres or thereabouts, be the same or more or less, (being a farm lately the inheritance of the said C. D., and conveyed and assured by her to or to the use of or in trust for the said A. B., his heirs, appointees, and assigns, at or for the price or sum of £including therein the said sum of £, secured by the said bond), and notice of such eviction shall be given to the trustee or trustees for the time being of these presents, then, from the time that such notice shall be given, the said trust monies and other trust property shall be held as the primary fund to indemnify and save harmless the said A. B., his heirs, appointees, and assigns, of, from, and against all loss, costs, charges, damages, and expenses, by reason of any such eviction; such loss, costs, charges, damages, and expenses to be ascertained, if the said trustee or trustees on the one part, and the said A. B., his heirs, appointees, or assigns, on the other part, shall think fit, by two persons, one to be named by the said trustee or trustees for the time being, and the other by the said A. B., his heirs, appointees, or assigns, or by an umpire to be appointed by the two referees. Provided also, and no child or other issue of the said intended marriage shall be entitled to have or receive any part of the said trust monies or other trust property, before or until such time as such child or issue shall have done all acts necessary for conveying and assuring all the right, title, interest, claim, and demand, or possibility of claim and demand of such child or issue of and in the said messuage, lands, and hereditaments, or any part thereof, to and to the use of the said A. B., his heirs, appointees, and assigns.

XCII. Provided always, and in case the said A. B. shall depart this life in the lifetime of the said C. D., [and he shall marry again], and there shall be a child or children of the now intended marriage, living at (a) such his second

(a) When the words in brackets are omitted,"his decease, or born in due time afterwards."