assurance, supra, pp. 97, 98. new trustees, supra, p. 215.] Power to appoint IN WITNESS &c. THE SCHEDULE to which the above-written INDENTURE refers. XXXIX. SETTLEMENT on MARRIAGE of MONEY to tended mar THIS INDENTURE, made &c., BETWEEN A. Parties. = 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. [trustees], of the third part. WHEREAS a mar- Recital of inriage is intended to be shortly solemnised between riage; the said A. B. and C. D. AND WHEREAS, by an indenture bearing even date with, but executed real estate by before, these presents, and expressed to be between [parties], certain hereditaments parish of in the county of -of the conveyance of a deed of even date to trusthe to sell, and tees, in trust made in have been conveyed 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 and assigns, until the said in (a) The deed referred to is the last Precedent. hold the purchase-money on the trusts of the present deed. tended marriage, and, after the solemnisation thereof, upon trust for sale; and it is thereby declared, that the said E. F., G. H., and 1. K., and the survivors and survivor of them, and the heirs, executors, and administrators of such survivor, shall hold the net monies to arise from such sale, and the net rents and profits, until sale of the said hereditaments, or of the unsold part thereof, upon the trusts to be declared thereof Witnesseth. respectively by these presents. Now THIS IN of trust of the monies to arise from a sale. DENTURE WITNESSETH, and it is hereby declared, that the said E. F., G. H., and I. K., and the survivors and survivor of them, and the heirs, executors, and administrators of such survivor, shall hold the net monies to arise from any and every sale under the hereinbefore-recited indenDeclaration ture, UPON TRUST, that they or he shall, with the consent in writing of the said A. B. and C. D. during their joint lives, and of the survivor during his or her life, and, after the death of such survivor, at the discretion of the said E. F., G. H., and I. K., or the survivors or survivor of them, or the executors or administrators of such survivor, (hereinafter called the said trustees or trustee), invest the said monies, in the names or name of the said trustees or trustee, in any of the public stocks or funds of Great Britain, or upon Government or real securities in England, Wales, or Ireland, [or in or upon the shares, stock, or securities of any company in England or Wales incorporated by act of Parliament, and paying a of trust of be purchased monies. of trust of the fits till sale. dividend], with power for the said trustees or trustee, if and when they or he shall think fit, with such consent or at such discretion as aforesaid, to vary the said stocks, funds, shares, or securities. AND IT IS HEREBY DECLARED, that Declaration the said trustees or trustee shall pay the annual the funds to income &c. [trusts for wife, husband, and child- with the ren, and in default of children, ut supra, pp. 212-215]. AND IT IS HEREBY DECLARED, Declaration that, until all the said hereditaments shall be sold, rents and prothe said E. F., G. H., and I. K., and the survivors and survivor of them, and the heirs, executors, and administrators of such survivor, shall pay and apply the net rents and profits of the said hereditaments, or of the unsold part thereof for the time being, to the person or persons, for the purposes and in the manner, to whom, and for and in which, the annual income of the stocks, funds, shares, and securities aforesaid would be payable and applicable, if such hereditaments had then been sold, and the net monies arising from such sale had been invested as aforesaid. [Trustee clauses, supra, pp. 215, 216.] IN WITNESS &c. M Parties. Witnesseth. Habendum. XL. VOLUNTARY SETTLEMENT of REAL and PERSONAL ESTATE, for the Benefit of the SETTLOR, his WIFE, CHILDREN, and GRANDCHILDREN. POWER of RE VOCATION. THIS INDENTURE, made &c., BETween A.B., of &c. [settlor], of the one part, and C. D., of &c., and E. F., of &c. [trustees], of the other part, WITNESSETH, that, in consideration of the natural Conveyance. love and affection of the said A. B. for his wife, children, and issue hereinafter named, and for divers other good considerations, the said A. B. doth hereby grant unto the said C. D. and E. F., and their heirs, [parcels-general words-estate clause, supra, p. 96], TO HOLD the said premises unto To the use of the said C. D. and E. F., and their heirs, TO THE USE of the said A. B. and his assigns, during his life, without impeachment of waste; AND after his death, TO THE USE of G. B. his wife, and her assigns, during her life, without impeachment of waste, except wilful waste; AND after the death of the said G. B., to the use of the said C. D. and E. F., their heirs and assigns, UPON TRUST' that the said C. D. and E. F., or the survivor of them, or the heirs of such survivor, (hereinafter called the trustees or trustee), shall sell the said premises, either together or in parcels, and either the settlor for life. Remainder to his wife for life. Remainder to trustees, upon trust to sell, by public auction or private contract, with full power to buy in or rescind any contract for sale, and to re-sell, without being responsible for any loss occasioned thereby, and to make, do, and execute all such agreements, acts, deeds, conveyances, and assurances for effectuating any such sale, as they or he shall think fit; AND SHALL and hold the hold the monies to arise from every such sale duced (after payment thereout of all expenses) upon monies pro the trusts following; (that is to say), As TO upon trust, three-sixth parts thereof, UPON TRUST to same equally among such of the children pay the as to threeherein sixths, for cer tain children of the settlor; after named of the said A. B., viz. H. B., J. B., and K. B., as shall be living at the death of the survivor of the said A. B. and G. B., or shall be then dead leaving issue then living, the share or shares of such of them as shall be then dead leaving issue then living to be paid to his, her, or their respective executors or administrators, as part of his, her, or their respective personal estate; AND -as to oneAS TO One other sixth part thereof, UPON TRUST to invest the same in the names or name of the said sixth, to in vest and ac cumulate, trustees or trustee, in any of the public stocks or funds of Great Britain, and to accumulate the income thereof in the way of compound interest, by similarly investing the same and the resulting income thereof, until the same shall become payable as hereinafter mentioned; (that is to say), if until claimed by one of the L. B., the son of the said A. B., or any issue of settlor's sons the said L. B., (he being then dead), shall claim within fifteen within fifteen years from the date of these pre or his issue years; |