term to the extent of the right of another, upon trust, to indem nify others, and their heirs, and with a reserva tion of trustee's prior privilege of indemnity. covenant and agree with the said G. H., his heirs and assigns, that he the said E. F., his executors, administrators, and assigns, shall and will, immediately after the execution of these presents, and from time to time, stand and be possessed of, and interested in, and entitled to the said heredi- the premises from payment taments comprised in the said term of one thousand years, of an annuity, and every part and parcel of the same, with the appurtenances, for all the residue of the said term of one thousand years therein, according to the nature and to the extent of the right and title of the said E. F. to that term, but no further or otherwise, upon trust to indemnify the said G. H., his heirs and assigns, and the messuages, farms, lands, and hereditaments so agreed to be purchased by him as aforesaid, of and from the payment of the said annuity of £— and the arrears thereof, and all contributions towards the same; and subject thereto, upon such and the like trusts as he now holds the same term. Provided always, and it is hereby agreed and declared by and between the parties to these presents, that nothing in these presents contained shall extend, or be construed to extend, to affect the right of the said E. F., his heirs, executors, administrators, or assigns, or the owner or owners for the time being of the hereditaments and premises which were purchased by and conveyed to him as is hereinbefore mentioned or referred to, to retain, if necessary, his or their priority and preference in point of indemnity of and from the said annuity of £, and the arrears thereof. her a sum which, with ther, to leave other monies she is entitled CXXIX. Covenant, promise, and agree with the said By wife's faA. B. and C. D., [trustees], their executors, administrators, and assigns, that if the said intended marriage shall be duly solemnized, the said E. F. [wife], or the trustee or trustees for the time being of these presents, shall within six calendar months next after the decease of the survivor of the said G. H. [father], and A. his present wife, receive or be entitled to receive, either under or by virtue of the last will and testament of him the said G. H. or otherwise, as an additional portion or fortune to the said E. F., from the said G. H., pursuant to the agreement hereinbefore recited, such sum or sums of money as, together with and inclusive of the That all the property to which intended wife may become entitled during coverture, shall be for her separate use. (In settlements). sum or sums of money, stocks, funds, and securities, or the value thereof, which the said E. F. is entitled to under the said in part recited indenture of settlement, and also inclusive of any legacy duty which may be payable in respect of the first-mentioned sum or sums of money, shall amount to £ at the least. CXXX. Covenant and agree with the said A. B., his executors and administrators, that in case the said intended marriage shall be solemnized, and any property, real, personal, or mixed, shall at any time during the said intended coverture be given or bequeathed to or in any manner howsoever vest in the said C. D., then and in that case he the said E. F., as far as he lawfully may or can, shall and will, either alone or in concurrence with the said C. D., and at the costs and charges of such property, do all such acts whatsoever as shall be necessary or proper for settling the same property, for all the estate and interest of the said C. D., or of the said E. F., as her husband, therein; so and in such manner (a) that the said C. D. may have the sole (a) When the property is to be settled according to certain trusts previously declared,— "that the same estate and property may, according to the respective nature and tenure thereof, be held and enjoyed upon and for such uses, trusts, ends, intents, and purposes as will correspond to the trusts, ends, intents, and purposes which are hereby declared and expressed concerning the said sum of £ Bank Annuities, and the dividends, interest, and income thereof, or such and so many of them as shall be then subsisting or capable of taking effect, and be subject to the same or the like powers, provisoes, declarations, and agreements (including the proviso for determining the life interest of the said E. F. in the event of his bankruptcy or insolvency) as are hereinbefore contained concerning the same Bank Annuities, and the dividends, interest, and income therof, or as near thereto as may be, and as the nature or tenure of the property, and the rules of law and equity will permit, and with the same or the like power of leasing as to any power of disposition over the same, notwithstanding her coverture; and so and in such manner, that in the meantime, and until such disposition shall be made, the same property, and the rents, profits, dividends, interest, income, and produce thereof, may belong to or be held in trust for the said C. D., for her sole and separate use notwithstanding her coverture; and also that in the meantime, and until such settlement shall be made, he the said E. F., as far as he may be interested in any such property, shall stand and be seised or possessed of and interested in the same, upon trust for the sole and separate use of the said C. D., his intended wife. CXXXI. And further, that in case the said A. B. shall survive the said C. D., and the said C. D. shall not have previously sold or disposed of the messuage &c. now occupied by the said C. D., and situate &c., the said A. B. shall and may (if she shall be desirous so to do, and shall notify such desire in writing within calendar months &c.) become the purchaser of the same messuage &c., and the fee-simple and inheritance thereof, of and from the heir or heirs, de real estate which shall be so settled as is hereinbefore contained with respect to the messuages &c. to be purchased with the produce of the said Bank Annuities hereby settled, pursuant to the power in that behalf hereinbefore contained; And that in every such settlement of any real estate of freehold tenure there shall also be inserted proper remainders to the said trustees or trustee for the time being, in trust to support the contingent interests (if any) to be hereby limited; and until such settlement shall be made, the same property, and the rents, profits, dividends, interest, income, and produce thereof, shall belong to and be held by, and that the said E. F., as far as he may be interested in any such property, shall stand and be seised or possessed of and interested in the same, Upon trust for the same persons as would respectively be entitled thereto, and for the same ends, intents, and purposes, as if the same was or were actually settled as aforesaid." That wife, if survivor, may purchase hus band's resi dence at a sum named. By intended husband, that his executors shall pay a sum to the trustees, to be held by them upon certain trusts, within a given period after his decease. visee or devisees of him the said C. D., at or for the price or sum of £; and that the said heir or heirs, devisee or devisees, shall, upon receipt of the said sum, convey and assure the same hereditaments unto the said A. B., her heirs or assigns, or otherwise as she shall direct, free from all incumbrances. CXXXII. Covenant and agree with said A. B. and C. D., their executors and administrators, that (a) the heirs, executors, or administrators of said E. F. shall or will, within (b) one calendar month next after his decease, well and truly pay or cause to paid unto the then trustee or trustees of this settlement, the sum of £ of lawful money of Great Britain, to be by him or them laid out and invested at interest, in like manner and under the like restrictions as the said trust monies are to be invested, or as near thereto as may be, and circumstances will admit; and to the intent that the said sum of £—, and the stocks, funds, or securities in or upon which the same shall be invested, shall be held by the trustee or trustees for the time being, Upon trust that the said trustee or trustees for the time being do and shall, from time to time, during the natural life of said G. H. [intended wife], pay, apply, and dispose of the dividends, interest, and income of the said sum of £, and of the stocks, funds, and securities in or upon which the same shall from time to time be invested, unto the said G. H. and her assigns, or otherwise permit and suffer her and them to receive and take the same to and for her and their own use and benefit; and from and after the decease of the said G. H., and in the meantime subject to her life interest, do and shall stand and be possessed of the same (a) Or, "if the said intended marriage shall be duly solemnized." (b) Or, 66 years next after the solemnization of the said intended marriage." sum of £, and the stocks, funds, and securities in or upon which the same shall be invested, and the dividends, interest, and income thereof, 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, regulations, and agreements (a), (including the provision for maintenance and advancement), as are hereinbefore expressed and declared of and concerning the said Bank Annuities, trust monies, and property of the said G. H., in the event that said E. F. her intended husband shall survive her, or of a part thereof in the event that the said G. H. shall survive her said intended husband, or as near thereto as may be, and the circumstances of the case will admit; and so that in the event of such failure as aforesaid of issue of the said intended marriage, the said sum of £, or the stocks, funds, and securities in or upon which the same shall from time to time be invested, may belong to the survivor of them said E. F. and G. H. his intended wife, his or her executors, administrators, or assigns. and mortgage money, and procure assign ment of term. (In settlement of freeholds, subject to legacies and mortgage). CXXXIII. Covenant and agree with the said A. B. and To pay legacies C. D., their executors, administrators, and assigns, that he the said E. F., his heirs, executors, or administrators, shall or will pay or cause to be paid with his own monies to the said several legatees named in the said recited will of the said G. H., the several legacies remaining unpaid to them respectively, as and when the same shall respectively become due and payable, together with all interest due and to become due for or in respect of the same legacies; and also shall or will well and truly pay the said principal sum of £- and all interest due and to become due for the same, within twelve calendar months from &c.; and also, at the proper costs and charges of him the said E. F., his heirs, (a) Or, "except the proviso for determining the life interest of the said E. F. in the event of his bankruptcy or insolvency." |