the trustees,

upon trusts

to correspond with the uses of the freeholds.

Covenants for right to convey and surrender, free from in

shall be solemnised, he the said A. B., or his
heirs, will, at the next or some subsequent court
held for the manor of in the county of
at his or their own cost, surrender into the hands
of the lord of the same manor, according to the

custom thereof, ALL THOSE &c. [parcels in the second schedule-general words, supra, pp. 97, 117], To the use of TO THE USE of the said E. F. and G. H., their heirs and assigns, according to the custom of the same manor, by and under the accustomed rents, fines, suits, and services, and upon such trusts, and subject to such powers, as shall as nearly correspond with the uses, trusts, and powers hereinbefore limited and contained of the said premises hereinbefore granted, as the different qualities of the estates and the rules of law and equity will permit. [Trustee clauses, supra, p. 216]. AND THE SAID A. B. doth hereby, for himself, his heirs, executors, and administrators, COVENANT with the said E. F. and G. H., their heirs and assigns, that, notwithstanding any act, deed, or thing by him the said A. B., or any of his ancestors, made or done, or knowingly suffered, he the said A. B. now hath power to grant and settle the said premises hereinbefore expressed to be granted, to the uses and in manner aforesaid, free from incumbrances, and to surrender the said premises hereinbefore covenanted to be surrendered to the use of the said E. F. and G. H., their heirs and assigns, upon the trusts and in manner aforesaid, and for fur- free from incumbrances. AND THAT he the said

cumbrances;

ance.

A. B. and his heirs, and all persons lawfully or ther assurequitably claiming any estate or interest in the premises through or in trust for him or any of his ancestors, will, at all times at the request of the said trustees or trustee, or any person interested in the premises, and at the cost of the trust estate, do and execute all such acts and assurances for further or better assuring the said premises respectively to the several uses and in manner aforesaid, as by the said trustees or trustee, or any person interested in the premises, shall be reasonably required. IN WITNESS &c.

THE FIRST SCHEDULE to which the abovewritten INDENTURE refers.

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

Parties.

XXXVIII.

CONVEYANCE, in contemplation of MAR-
RIAGE, of a FREEHOLD ESTATE IN
TRUST for SALE," with a DECLARA-
TION of TRUST of the PURCHASE-
MONEY by reference to a SETTLEMENT
of EVEN DATE (a).

THISINDENTURE, made &c., BETWEEN A.B., 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. Witnesseth. [trustees], of the third part, WITNESSETH, that, Conveyance in consideration of a marriage intended to be

to trustees.

Habendum.

shortly solemnised between the said A. B. and C. D., he the said A. B., with the consent of the said C. D., doth hereby grant unto the said E. F., G. H., and I. K., their heirs and assigns, ALL THOSE &c. [parcels (b)—general words and estate clause, supra, p. 96], TO HOLD the said premises UNTO the said E. F., G. H., and

(a) See supra, p. 225, n. (a), with reference to this form of settlement.

(b) It has hitherto been seldom possible to procure schedule of parcels for a marriage settlement; but when attainable, a schedule is as convenient for a settlement as for a conveyance. See supra, p. 6.

the husband

and after

trust for sale.

I. K., their heirs and assigns, TO THE USE of the said E. F., G. H., and I. K., their heirs and assigns, IN TRUST for the said A. B., his heirs In trust for and assigns, until the said intended marriage; AND till marriage; AFTER the solemnisation thereof, UPON TRUST marriage, in that the said E. F., G. H., and I. K., and the survivors or survivor of them, and the heirs of such survivor, shall with the consent 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 the said trustees or trustee for the time being, sell the said premises, either together or in parcels, and either by public auction or private contract, with full power to buy in or to rescind any contract for sale, and to re-sell, without being responsible for any loss which may be occasioned thereby, and to do and execute all such agreements, acts, deeds, and assurances for effectuating any such sale as they or he shall think fit. AND Trustees' IT IS HEREBY DECLARED, that the receipt of the said trustees or trustee for the purchasemonies of the premises sold, or any part thereof, shall effectually discharge the purchaser or purchasers therefrom, and from being concerned to see to the application thereof, or being accountable for the non-application or misapplication

receipt clause.

monies to

the sale.

thereof. AND IT IS HEREBY DECLARED, that Trusts of the the said trustees or trustee shall hold the monies arise from to arise from any such sale (after payment thereout of all expenses) upon such trusts, and sub

Power of leasing for twenty-one years.

ject to such powers, as are or shall be declared of the same in a deed already ingrossed, and intended to bear even date with these presents, and to be made, or expressed to be made, between the same persons as are parties to these presents. AND IT IS HEREBY DECLARED, that it shall be lawful for the said trustees or trustee, at any time or times before all the said premises shall have been sold, to demise all or any of the same premises for any term of years absolute, not exceeding twenty-one years, to take effect in possession, so as there be reserved thereon the best yearly rent or rents to be incident to the immediate reversion that can be reasonably gotten, without taking any fine, premium, or foregift, or anything in the nature thereof, and so as there be contained in every such demise a condition of re-entry for non-payment, within a reasonable time to be therein specified, of the rent or rents thereby reserved, and so as the lessee or lessees do execute a counterpart thereof, and be not made dispunishable for Income of the waste. AND IT IS HEREBY DECLARED, that, until all the said premises shall be sold, the said trustees or trustee for the time being shall hold the income thereof, (after payment thereout of all rates, taxes, expenses of repairs and insurance, and other outgoings), upon such trusts, and subject to such powers, as are or shall be declared thereof by the said intended deed of even date with these presents. [Covenants by A. B. for right to convey free from incumbrances, and for further

estate, until

a sale.