Short Form.
Vide art. cxxii.

That accounts settled by trustees shall be

cestuisque trust. (In an assignment of a part of an unascer

tained residue of a personal estate, to follow

the letter of attorney).

marriage, together with the sum or sums of money, stocks, funds, and securities (if any), or the amount or value thereof, which shall be brought into hotchpot, in the same manner and proportions as if the child or children to whom any appointment shall have been made, and who shall refuse to bring into hotchpot or distribution the amount [or value] of the money [or effects] appointed to him, her, or them, had never been born, any thing herein before contained to the contrary thereof notwithstanding; [and further, that every such appointment to be made in favour of the issue of each or any child of the said intended marriage, shall, for all the purposes of this present provision, be and be deemed as an appointment to that child].

CXXIII. Provided also, and no child who shall receive any portion under any appointment shall be entitled to any further portion in default of appointment, without accounting for and bringing into hotchpot the amount or value of the portion received under any such appointment.

CXXIV. And the said A. B. and C. D. hereby direct and declare, that all accounts of and concerning the residue of binding on the the personal estate of the said E. F. [testator] and the interest and income thereof, or the share of the said C. D. of the same residue, and the interest and income thereof, and of and concerning all sums of money (if any) already paid to the said C. D. for interest, maintenance, or otherwise which shall be settled by the said G. H. and I. K., or the survivor of them, his executors or administrators, or the person or persons who shall become a trustee or trustees in his or their stead on the one part, and the executors or trustees for the time being of the said E. F. on the other part, shall be final and conclusive on the said A. B., C. D., and all persons whomsoever who shall be entitled to any benefit under the trusts hereinbefore or hereinafter declared of and concerning the said trust monies, and share of personal estate, and the interest, dividends, and income thereof.

That trustees' receipts shall be discharges.

CXXV. Provided always, and it is hereby agreed and declared between and by the said parties to these presents,

that the receipt or receipts in writing of the trustees or trustee for the time being acting in the execution of the trusts hereby created, for any sum or sums of money payable to them or him under or by virtue of these presents, shall be a sufficient and effectual discharge or sufficient and effectual discharges for the same respectively, or for so much thereof respectively as in such receipt or receipts respectively shall be expressed or acknowledged to be received; and that the person or persons to whom the same respectively shall be given, his, her, or their heirs, executors, administrators, or assigns, shall not afterwards be answerable or accountable for any loss, misapplication, or nonapplication, or be in anywise obliged or concerned to see to the application of the money therein respectively expressed or acknowledged to be received.

purchasers, on payment of

purchase or

mortgage mo

ney to trustees.

CXXVI. And it is hereby declared and agreed by and of indemnity to between the said parties to these presents, as far as they respectively are interested, and the said A. B. and C. D. for themselves respectively, and their respective heirs, executors, administrators, and assigns, do hereby severally direct and appoint, that the person or persons respectively who shall become the purchaser or purchasers, or take a mortgage or mortgages of the said messuages, lands, and other hereditaments hereby released or otherwise assured, or intended so to be, his, her, or their heirs, executors, or administrators, shall not be obliged or required to see the application of the money to be advanced or paid by him, her, or them respectively, as the consideration of such purchase or purchases, mortgage or mortgages, or be answerable or accountable for the misapplication or nonapplication of the same money, or any part thereof, after the same shall have been paid to or to the order (a) of the said E. F., [trustee], his heirs, executors, administrators, or assigns (b);

(b) "nor be obliged or required to see or take notice whether such sale or sales, mortgage or mortgages, is or are necessary for all or any of the purposes hereinbefore mentioned."

Persons having trust monies, shall not be

answerable for misapplication

and that every receipt which shall be given by the said E. F., his heirs, executors and administrators, or assigns, for such purchase or mortgage money, or any part thereof, shall be a good, valid, and sufficient acquittance and discharge for the sum or sums of money which therein or thereby respectively shall be acknowledged or expressed to have been received; and that every sale and mortgage which shall be made, and contract for sale which shall be entered into, and conveyance which shall be executed by the said E. F., his heirs or assigns, shall be binding and conclusive on the said A. B. and C. D., and each of them, their and each of their heirs, executors, administrators, and assigns, and every of them. And it is hereby (a) further directed, declared, and agreed by and between the parties to these presents, that any money which shall be payable or paid under the trusts hereinbefore declared after the death of the said E. F., shall be payable or paid to the executors, administrators, or assigns, and not to the heirs of the said E. F.; or that if the heirs of the said E. F. shall receive the same, they shall pay over the same to the executors, administrators, or assigns of the said E. F.

CXXVII. And it is hereby further provided, declared, and agreed by and between all the parties to these presents, that the (b) person or persons who (c) from time to time

(a) This clause should never be omitted as often as real estates are vested in trustees, and the personal representatives are to be trustees of the money.

(b) Or,

1. "person or persons, company or companies who shall become liable to the payment of the said sum of £——— already insured on the life of the said A. B. as aforesaid, or any other sum or sums of money to be insured on the life of the said A. B. as aforesaid, and also" &c.

2. "person or persons who shall pay to the said C. D. all or any part of the sum or sums of money hereby assigned or otherwise assured, or intended so to be, or who from time to time" &c.

(c) Or,—*

"who now have or hath or."

trustees, whose

receipts shall be sufficient

discharges.

shall or may have all or any part of the said sum of £ thereof by the in his, her, or their hands, or upon securities (a) to be given by him, her, or them (b), shall not be obliged or required to see the application or disposition of the same money or any part thereof, or the interest, dividends, and annual income thereof, or of any part thereof, after payment of the same to the person or persons who for the time being shall be the acting trustee or trustees under this settlement, or be answerable or accountable for the misapplication or nonapplication of the same money or any part thereof by him or them; and that all and every receipt and receipts which shall be given for the said trust monies or any part thereof, or the interest, dividends, and income of the same or any part thereof (c), by the person or persons who for the time being shall be the acting trustee or trustees under this settlement, shall be a good, effectual, and sufficient acquittance and discharge, or good, effectual, and sufficient acquittances. and discharges for all and every sum and sums of money which therein and thereby respectively shall be acknowledged or expressed to be or to have been received.

(a) Or,"given or."

(b) Or,

"or who shall become the purchaser or purchasers of all or any part of the said trust estates and property."

66

(c) Or,

or for such purchase money or any part thereof."

686

TITLE X.

Where each

covenants for himself alone.

Another form.

By two jointly and severally.

Another form.

By two severally, and for wives, and as respects titles to distinct messuages.

OF COVENANTS.

I. AND the said A. B., so far as relates to his own acts and deeds only, but not further or otherwise, doth for himself, his heirs, executors, and administrators; and the said C. D., so far as relates to his own acts and deeds only, but not further or otherwise, doth for himself, his heirs, executors, and administrators.

II. And each and every of them the said A. B., C. D., and E. F., so far as relates to his and her own acts and deeds only, but not further or otherwise, doth for himself and herself, his and her heirs, executors, and administrators.

III. And the said A. B. and C. D. do for themselves, their heirs, executors, and administrators, and each of them doth for himself, his heirs, executors, and administrators.

IV. And the said A. B. and C. D. do hereby jointly for themselves, their heirs, executors, and administrators, and each of them severally doth hereby for himself, his heirs, executors, and administrators, covenant and declare to and with the said E. F., his heirs, appointees, and assigns, and also with his executors and administrators, in trust for his heirs, appointees, and assigns.

V. And each of them the said A. B. and C. D. severally, separate and apart from the other of them, doth hereby for himself, his heirs, executors, and administrators, and as to and concerning only, and as far as relates to the said messuages &c., and the title thereto, and the acts, deeds, and defaults concerning the same, as far as he and his said wife respectively are interested in the same, or the money arising from the sale thereof, and so that neither of them the said A. B. and C. D., his heirs, executors, or administrators, may