and if inventor do not supply the crown. next and immediately after the date of these letters-patent AND ALSO that if the said A. B. his executors administrators or assigns shall not supply or cause to be supplied for our service all such articles of the said invention as he or they shall be required to supply by the officers or commissioners administering the department of our service for the use of which the same be required in such manner at such times and at and upon such reasonable price and terms as shall be settled for that purpose by the said officers or commissioners so requiring the same then these our letters-patent and all liberties and advantages whatsoever hereby granted shall utterly cease determine and become void anything hereinbefore contained to the contrary thereof in anywise notwithstanding PROVIDED that nothing herein contained shall prevent the granting of licenses in such manner and for such consideration as they may by law be granted (e) AND lastly we do by these presents for us our heirs and successors grant unto the said A. B. his executors administrators and assigns that these our letters-patent or the enrolment or exemplification thereof shall be in and by all things good firm valid sufficient and effectual in the law according to the true intent and meaning thereof and shall be taken construed and adjudged in the most favourable and beneficial sense for the best advantage of the said A. B. his executors administrators and assigns as well in all our courts of record as elsewhere and by all and singular the officers and ministers whatsoever of us our heirs and successors in that part of our said United Kingdom of Great Britain and Ireland called England our dominion of Wales and town of Berwick-upon-Tweed and also in the islands of Guernsey Jersey Alderney Sark and Man and in all our colonies and plantations abroad aforesaid and amongst all and every the subjects of us our heirs and successors whatsoever and wheresoever notwithstanding the not full and certain describing the nature or quality of the said invention or of the materials thereto conducing and belonging In witness whereof we have caused our letters to be made patent Witness ourself at Westminster this day of in the year of our reign. By writ of Privy Seal. (e) See ante, p. 176. APPENDIX (C.) Referred to pp. 189, 209, 212. Marriage Settlement of a Share of a Testator's Residuary usual Trusts. THIS INDENTURE made the day of 1848 Between Charles Catchpole of King Street in the city of London gentleman of the first part Grace Gurney of Harley Street in the county of Middlesex spinster of the second part and Henry Hunter of Brixton in the county of Surrey Esquire John James of Lincoln's Inn in the county of Middlesex Esquire and Leonard Lambert of Brighton in the county of Sussex Esquire of the third part WHEREAS a marriage has Recital of inbeen agreed upon and is intended to be shortly solemnized tended marriage. between the said Charles Catchpole and Grace Gurney AND Recital of posWHEREAS under and by virtue of the last will and testament session of personalty under a of John Gurney late of Harley Street aforesaid Esquire de- will. ceased which said will bears date on or about the ninth day of January 1840 and was proved in the Prerogative Court of the Archbishop of Canterbury (a) on or about the twelfth day of March 1840 the said Grace Gurney is now entitled to one equal undivided fourth part or share or some other part or share of the residuary personal estate of the said testator or the stocks funds or securities in or upon which the same is or may be invested AND WHEREAS the said Grace Gurney is Recital of pospossessed of the sum of £5000 £3 per cent. consolidated session of stock. bank annuities which said sum was lately standing in her own name in the books of the governor and company of the Bank of England AND WHEREAS upon the treaty for the said Recital of intended marriage it was agreed that the said Grace Gurney assign personshould assign the said one equal undivided fourth part or alty to trustees. (a) See ante, p. 241. agreement to Recital of agreement to transfer stock to trustees. Recital of transfer of stock accordingly. Testatum. Assignment. Parcels, share of residue. And all the right, &c. Habendum. share or other part or share to which she is entitled as aforesaid of and in the residuary personal estate of her said late father unto the said Henry Hunter John James and Leonard Lambert their executors administrators and assigns upon and for the trusts intents and purposes hereinafter expressed and declared of and concerning the same And it was also agreed that the said Grace Gurney should transfer the said sum of £5000 £3 per cent. consolidated bank annuities of which she is possessed as aforesaid into the names of the said Henry Hunter John James and Leonard Lambert to be held by them upon and for the trusts intents and purposes hereinafter expressed and declared of and concerning the same AND WHEREAS the said sum of £5000 £3 per cent. consolidated bank annuities hath been accordingly transferred by the said Grace Gurney out of her name into the names of the said Henry Hunter John James and Leonard Lambert and the same is now standing in their names in the books of the governor and company of the Bank of England as they the said Henry Hunter John James and Leonard Lambert do hereby admit and acknowledge Now THIS INDENture witNESSETH that in pursuance of the said agreement in this behalf and in consideration of the said intended marriage she the said Grace Gurney with the consent and approbation of the said Charles Catchpole testified by his being a party to and executing these presents HATH granted bargained sold assigned and transferred and by these presents DOTH grant bargain sell assign and transfer unto the said Henry Hunter John James and Leonard Lambert their executors administrators and assigns ALL that the one equal undivided fourth part or share or other part or share of her the said Grace Gurney under the hereinbefore mentioned will of her said late father John Gurney of and in the residuary personal estate of her said late father and of and in the stocks funds and securities in or upon which the same now is or shall or may at any time or times hereafter be invested and of and in the dividends interest and annual produce thereof AND all the right title claim and demand whatsoever at law and in equity of her the said Grace Gurney in and to the said one equal undivided fourth part or share or other part or share hereby assigned To HAVE HOLD RECEIVE AND TAKE the said one equal undivided fourth part or share or other part or share intended to be hereby assigned of and in the residuary personal estate of the said John Gurney and the investments and income thereof unto the said Henry Hunter John James and Leonard Lambert their executors administrators and assigns IN TRUST for the said Grace Gurney her executors Trust for lady administrators and assigns until the solemnization of the said till marriage. intended marriage and from and immediately after the solemnization thereof UPON and for the trusts intents and purposes and with under and subject to the powers provisos agreements and declarations hereinafter expressed and declared of and concerning the same. AND the said Charles Catchpole Power of attor and Grace Gurney do and each of them doth hereby irrevo- ney. cably nominate and appoint the said Henry Hunter John James and Leonard Lambert and the survivors and survivor of them his executors administrators and assigns to be the true and lawful attornies and attorney of them the said Charles Catchpole and Grace Gurney and each of them (b) in their his or her names or name to ask recover and receive from the executors of the will of the said John Gurney and all and every persons and person liable to pay or transfer the same the said one equal undivided fourth part or share hereby assigned and to give effectual discharges for the same and on non-payment or non-transfer thereof or of any part thereof to commence carry on and prosecute any action or actions suit or suits or other proceedings whatsoever for obtaining payment or transfer thereof And also for all or any of the said purposes from time to time to substitute or appoint any attorney or attornies under them or him And generally to do and execute all such other matters and things in the premises as shall be necessary they the said Charles Catchpole and Grace Gurney hereby agreeing to allow and confirm whatsoever the said Henry Hunter John James and Leonard Lambert or the survivors or survivor of them his executors administrators or assigns shall lawfully do or cause to be done in the premises by virtue hereof AND it is hereby agreed and declared by Trust of stock, and between the said parties hereto that they the said Henry Hunter John James and Leonard Lambert their executors (b) This power of attorney is not absolutely necessary, as the choses in action which are assigned are equi- Trust for intended wife till marriage. Trust of share of personalty and of stock after marriage. Trust to con. tinue or vary investments. With consent. Declaration of trust of invest ments. administrators and assigns shall stand possessed of and interested in the said sum of £5000 £3 per cent. consolidated bank annuities so transferred into their names as aforesaid IN TRUST for the said Grace Gurney her executors administrators and assigns until the solemnization of the said intended marriage And from and immediately after the solemnization thereof UPON and for the trusts intents and purposes and with under and subject to the powers provisos agreements and declarations hereinafter expressed and contained of and concerning the same And it is hereby agreed and declared by and between the said parties hereto that from and after the solemnization of the said intended marriage the said Henry Hunter John James and Leonard Lambert their executors administrators and assigns shall stand possessed of and interested in the said one equal fourth part or share or other part or share hereinbefore assigned of and in the residuary personal estate of the said John Gurney and the investments thereof and the said sum of £5000 £3 per cent. consolidated bank annuities UPON TRUST that the said trustees or the trustees or trustee for the time being of these presents do and shall either continue the same respectively in their respective actual states of investment or do and shall lay out and invest the same in any of the parliamentary stocks or public funds of Great Britain or at interest upon government or real securities in England or Wales but not in Ireland (c) and do and shall from time to time alter and vary the said stocks funds and securities for or into others of a like nature as often as the said trustees or trustee shall think fit PROVIDED that every such investment alteration and variation be made with the consent of the said Charles Catchpole and Grace Gurney during their joint lives and after the decease of either of them with the consent of the survivor of them (d) and after the decease of such survivor at the discretion of the said trustees or trustee for the time being of these presents AND it is hereby agreed and declared by and between the said parties hereto that after the solemnization of the said intended marriage the said trustees or trustee for the time being of these presents shall stand possessed of and interested in the said (c) See ante, pp. 205, 206. (d) See ante, p. 206. |