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property;

ment for ex

ditaments comprised in the first schedule here- estates in the under written for an estate in fee simple in possession, free from incumbrances; and the said C. D. is seised of the hereditaments comprised in the second schedule hereunder written, for an estate in fee simple in possession, free from incumbrances. AND WHEREAS the said A. B. and of agreeC. D. have agreed to make an exchange, in man- change. ner hereinafter appearing, of the said hereditaments comprised in the said first and second schedules hereto respectively; and the said E. D. hath agreed to release her right of dower in the said hereditaments comprised in the said second schedule. NOW THIS INDENTURE WITNESSETH, Witnesseth. that in pursuance of the said agreement, and in consideration of the hereditaments intended to Conveaynce by one party. be hereinafter conveyed in exchange by the said C. D. and E. D., he the said A. B. doth hereby grant unto the said C. D., and his heirs, ALL Parcels. THOSE the and hereditaments situate in the

parish of

in the county of -, specified in the said first schedule hereunder written, and

delineated in the map in the margin of these

presents, and therein coloured

[general words

and estate clause, supra, p. 97], TO HOLD the Habendum. said premises UNTO the said C. D., and his heirs, IN EXCHANGE for the said hereditaments intended to be hereinafter conveyed by the said C. D. and E. D.; AND TO SUCH USES &c. [uses to bar dower in favour of C. D., supra, p. 99]. AND THIS Witnesseth. INDENTURE ALSO WITNESSETH, that, in further Conveyance by the other pursuance of the said agreement, and in consider- party.

Parcels.

ation of the hereditaments hereinbefore conveyed in exchange by the said A. B., he the said C. D. doth hereby grant, and she the said E. D., with the concurrence of the said C. D., doth hereby release, unto the said A. B., his heirs and assigns, ALL THOSE the

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and hereditaments

in the county of

specified in the said second schedule hereunder written, and delineated in the map in the margin of these presents, and therein coloured [general words and estate clause, supra, p. 97], Habendum. TO HOLD the said premises UNTO the said A. B., his heirs and assigns, TO THE USE of the said A. B., his heirs and assigns, IN EXCHANGE for the said hereditaments and premises hereinbefore conveyed in exchange by the said A. B. AND it is hereby declared that no widow of the said A. B. shall be entitled to dower out of the said last-mentioned premises. [Covenants for title-A. B. with C. D., for right to convey and further assurance of the "premises firstly hereinbefore conveyed," supra, p. 97; and C. D. with A. B., similar covenants as to "the premises lastly hereinbefore conveyed.”] IN WITNESS &c. (a).

THE FIRST SCHEDULE to which the abovewritten INDENTURE refers.

THE SECOND SCHEDULE to which the above-written INDENTURE refers,

(a) This deed must be acknowledged by the married

woman.

Settlement.

XXXIV.

SETTLEMENT on Marriage of a Sum of STOCK. THIS INDENTURE, made &c., BETWEEN A.B., Parties. of &c. [intended husband], of the first part; C. D., of &c. [intended wife], of the second part; and E. F., of &c., G. H., of &c., and I. K., of &c. [trustees], of the third part; WITNESSETH, that, Witnesseth. in consideration of a marriage intended to be shortly solemnised between the said A. B. and C. D., IT IS HEREBY AGREED AND DECLARED, that the said E. F., G. H., and I. K., their executors, admini- Declaration strators, and assigns, shall hold the sum of £

of trust;

till the mar

vary invest

- per Cent. Bank Annuities, belonging to the said C. D., and lately transferred by her into the names of the said E. F., G. H., and I. K., and the dividends thereof, IN TRUST for the said C. D., —for the wife until the said intended marriage; and, after the riage. solemnisation thereof, UPON TRUST that the said Power to E. F., G. H., and I. K., or the survivors or sur-ments. vivor of them, or the executors or administrators of such survivor, (hereinafter called the trustees or trustee), shall either permit the said sum of Bank Annuities, or any part thereof, to remain unaltered, or shall, with the consent in

writing of the said A. B. and C. D. during their joint lives, and of the survivor of them during his or her life, and, after the death of such survivor, at the discretion of them the said trustees or trustee, sell the same, or any part thereof, and lay out the monies produced by such sale, in their or his names or name, in any of the public stocks or funds of Great Britain, or upon Government or real securities in England, Wales, or Ireland, [or in the shares, stock or securities of any company incorporated by act of Parliament, and paying a dividend,] and shall, with such consent or at such discretion as aforesaid, vary the said investments if and as they or he shall think fit, and SHALL pay the annual income of the said Bank Annuities, monies, stocks, funds, and securities, during the joint lives of the said A. B. and C. D., to the said C. D. for her separate use, independently of the said A. B., so that her receipts alone shall be sufficient discharges, and that she shall not have power to deprive herself thereof in anticipation; -for survivor AND, after the death of either of them the said A. B. and C. D., to the survivor of them during his or her life; AND, after the death of the survivor, shall hold the said premises, and the annual --for children income thereof, IN TRUST for the child, or for all

Trust for wife's separate use, for the joint lives;

for life;

of the mar

riage, as hus- or any such one or more of the children, of the

band and wife

shall jointly said intended marriage, in such manner and form appoint; in every respect as the said A. B. and C. D. shall in default, as by any deed or deeds jointly appoint; AND, in deappoint; fault of such appointment, and so far as no such appointment shall extend, as the survivor of the

survivor shall

equally.

clause.

said A. B. and C. D. shall, by any deed or deeds, or by will or codicil, appoint; AND, in default of in default, any such appointment, and so far as no such appointment shall extend, IN TRUST for all the children, or any the child, of the said intended marriage, who, being sons or a son, shall attain the age of twenty-one years, or, being daughters or a daughter, shall attain that age or marry, and if more than one, in equal shares: PROVIDED Hotchpot ALWAYS, that no child taking any part of the said premises under any such appointment as aforesaid shall, in default of appointment to the contrary, be entitled to any share of that part of the said premises of which no such appointment shall be made, without bringing his or her appointed share into hotchpot: PROVIDED ALWAYS, that the Power of adsaid trustees or trustee may, after the decease of the survivor of the said A. B. and C. D., or in the lifetime of them, or the survivor of them, if they, he, or she shall so direct in writing, raise any part or parts of the then expectant, presumptive, or vested share or fortune of any child under the trusts hereinbefore declared, not exceeding in the whole for any such child one-half part of his or her then expectant, presumptive, or vested share or fortune, and apply the same for his or her advancement or benefit. AND IT IS HEREBY DE- Maintenance CLARED, that the said trustees or trustee shall, tion. after the decease of the survivor of the said A. B. and C. D., apply the whole, or such part as the said trustees or trustee shall think fit, of the annual income of the share or fortune to which any

vancement.

and educa

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