OF MONEY

BY HUSBAND virtue of these presents if the same had been purchased with the proceeds of any part of the wife's trust funds under SALE OF REAL Article 9.

PRODUCED BY

ESTATE AND BY INFANT WIFE OF PERSONALTY.

part of trust

funds to husband on the security of his

bond or covenaut and a policy of

assurance on his life.

Power to trustees to

apply income of trust funds

in keeping up policy.

11. It shall be lawful for the trustees at their discretion, at any time or times during the life of the said A. B., upon his Power to lend request in writing, and with the consent in writing of the said C. D., if she shall be then living, to raise out of the trust funds, and to lend to the said A. B. any sum or sums of money not exceeding together the sum of £, upon his securing the repayment thereof with interest by his bond or covenant, and by a policy of assurance on his life in a sum of money equal to the amount so lent, which policy shall be either effected in the names of the trustees, or assigned to them by way of mortgage, with such proper and usual covenants on the part of the said A. B. for keeping on foot the said policy, and otherwise in relation thereto, as the trustees shall require: AND if the said A. B. shall neglect or fail to keep on foot the said policy, it shall be lawful for the trustees to apply a competent part of the income of the trust funds in or towards the payment of any sums which may be required for keeping on foot the said policy, or (in case the same shall become void) for effecting or keeping on foot any new policy in lieu thereof: PROVIDED NEVERTHELESS, that it shall not be obligatory on the trustees to enforce the exercise of this performance of any bond or covenant to be entered into by the said A. B. for the repayment of the money to be lent to him as aforesaid, or for keeping on foot any policy or otherwise in relation thereto, nor to apply any part of the income of the trust funds in or towards keeping on foot or effecting any such policy as aforesaid, unless the trustees shall think fit so to do, and the trustees shall not be liable for any loss which may arise by reason of the non-performance by the said A. B. of any such bond or covenant as aforesaid, or by reason of any such policy becoming void through any means whatsoever: PROVIDED husband shall ALSO, that the trustees shall not require the said A. B. to repay any money lent to him under the power conferred by this article so long as he shall duly keep on foot the policy of assurance on which the same shall for the time being be secured: BUT the said A. B. shall be at liberty to pay the same or any part thereof not being less than £ at one payment whenever he thinks fit so to do.

Proviso for indemnity of trustees in relation to the

power.

Proviso that

money lent to

not be called in so long as he keeps up policy.

12. THE power of appointing new trustees, &c. (Clause as to BY HUSBAND appointment of new trustees, suprà, p. 296).

13. THESE PRESENTS shall be void if the said intended marriage shall not be solemnized within twelve calendar months from the date hereof.

IN WITNESS, &c.

OF MONEY PRODUCED BY SALE OF REAL ESTATE AND BY INFANT WIFE OF PERSONALTY.

Power to appoint new trustees.

Settlement to

be void if

marriage is not within twelve months.

No. XIV.

SETTLEMENT upon the SECOND MARRIAGE of a LADY, UPON SECOND in Exercise of POWER in a FORMER SETTLEMENT.

day of

MARRIAGE OF A
LADY.

18-, BE- Parties.

settlement on

THIS INDENTURE, made the TWEEN C. B., of, &c., widow (intended wife), of the first part, X. Y., of, &c. (intended husband), of the second part, and E. F., of, &c., G. H., of, &c., and I. K., of, &c., of the third part: WHEREAS by an indenture dated, &c., and made, &c. (being the Recital of settlement made in consideration of the marriage of the said first marriage. C. B., then C. D., with her deceased husband A. B.), it was agreed and declared (among other things), that the trustees for the time being of the said indenture should after the decease of such one of them the said A. B. and C. B. as should first die, pay the income of the trust funds thereby settled, and which are therein called "the husband's trust funds " and "the wife's trust funds " respectively, to the survivor of them during his or her life, and should after the decease of such survivor hold the said trust funds IN TRUST for all or such one or more of the children and remoter issue of the said then intended marriage as the said A. B. and C. B. or the survivor of them should in manner therein mentioned appoint, and in default of such appointment, IN TRUST for all the children of the said then intended marriage, who, being a son or sons, should attain the age of twenty-one years, or being a daughter or daughters should attain that age or marry, in equal shares, with an ultimate trust in default of issue of the said then intended marriage as regards the wife's trust funds for the said C. B. absolutely: AND it was

MARRIAGE OF A
LADY.

UPON SECOND also declared that, &c. (set out fully power to appoint to future husband and to issue of future marriage, being Article 6 of Precedent No. XIII.): AND WHEREAS the said A. B. died on the day of 18-, leaving the said C. B. his widow and four children by her (state names of children), all of whom

Death of first husband leaving children.

Present state

of trust funds.

Agreement for

intended marriage and for settlement.

are infants and unmarried: AND WHEREAS the trust funds in the said indenture of settlement called "the husband's trust funds," now consist of or are represented by the following particulars, namely (state particulars), and the trust funds in the said indenture of settlement called "the wife's trust funds," now consist of or are represented by the following particulars, namely (state particulars): AND WHEREAS a marriage is intended shortly to be solemnized between the said C. B. and the said X. Y. : AND upon the treaty for the said intended marriage it was agreed that such settlement should be made as is hereinafter expressed: NOW THIS INDENTURE WITNESSETH, that in consideration of the said intended marriage, IT IS HEREBY AGReed Agreement and AND DECLARED, between and by the parties hereto, and the said appointment. C. B., in exercise of all powers for this purpose vested in her by the said indenture of settlement or otherwise, doth hereby direct and appoint as follows:

Witnessing part.

Income of trust funds

wife for her

separate use

1. THE trustees for the time being of the herein before recited shall be paid to indenture (hereinafter called "the trustees"), shall pay the income of all the trust funds settled by the said indenture to the without power said C. B. during her life, pursuant to the trust in that behalf declared by the said indenture for her separate use, and so that she shall not have power while under coverture to dispose thereof in the way of anticipation.

of anticipa

tion

One-third of trust funds after decease

of wife to go to intended

2. FROM and after the decease of the said C. B. the trustees shall stand possessed of one equal third part of the trust funds in the said indenture, and hereinafter called "the wife's trust funds," IN TRUST to pay the income thereof to the said X. Y. decease to issue during his life, and after his decease, IN TRUST for, &c. (Trusts

husband's life

and after his

of intended

marriage.

If one of four children of former mar

for issue as husband and wife or survivor shall appoint, and in default of appointment for children equally-sons at twenty-one, and daughters at twenty-one or marriage-Hotchpot clause, suprà, pp. 292, 293).

3. If one of the said four children of the said C. B., by her late husband, A. B., shall die, being a son, under the age of under twenty twenty-one years, or being a daughter under that age and with

riage shall die

out having been married, then and in such case and from and UPON SECOND after the death of the said C. B. or the death of such child

MARRIAGE OF A

LADY.

sixth to go

trusts.

(which event shall last happen), the trustees shall stand pos- one, &c., a sessed of one-sixth part of the wife's trust funds, in addition to further onethe one-third part mentioned in Article 2, and making therewith upon similar one moiety of the wife's trust funds, UPON the trusts and with and subject to the powers and provisions declared by Article 2 concerning one-third part of the wife's trust funds, or such of them as shall be then subsisting and capable of taking effect.

four children

twenty-one,

upon similar

4. Ir three of the said four children of the said C. B. by the If three of said said A. B. deceased shall die, being a son or sons, under the age shall die under of twenty-one years, or being a daughter or daughters under &c., a further that age and without having been married, then and in such one-sixth to go case, and from and after the death of the said C. B., or the death trusts. of such one of them the said three children so dying as aforesaid as shall last die (which of the said events shall last happen), the trustees shall stand possessed of one other sixth part of the wife's trust funds, in addition to the one-third part and onesixth part mentioned in Articles 2 and 3 respectively, and making therewith two full third parts of the wife's trust funds, UPON the trusts and with and subject to the powers and provisions declared by Article 2 concerning one-third part of the wife's trust funds, or such of them as shall be then subsisting and capable of taking effect.

issue of now

marriage shall

[5. PROVIDED ALWAYS (d), that the portion of the wife's Proviso that trust funds to which the issue of the now intended marriage intended shall become entitled between them under the trusts and pro- not take a visions of these presents shall not bear a greater proportion to greater proportion than the residue of the wife's trust funds than is limited and pro- issue of former marriage. vided in that behalf by the herein before recited indenture, and if the portion herein before expressed to be appointed in favour of the issue of the now intended marriage shall exceed the aforesaid proportion, then and in such case the trusts hereby declared in favour of such issue shall be void so far as regards the excess, but subject and without prejudice to the life interest of the said X. Y. therein.]

(d) If the proviso at the end of paragraph 6 in the last Precedent is omitted, the above proviso will be omitted also.

UPON SECOND

LADY.

Declaration of

trust funds, in case no issue

of former

6. If neither of the said four children of the said C. B. by MARRIAGE OF A the said A. B. deceased, and no issue of any such child shall become absolutely entitled to the residue not herein before aptrust of entire pointed of the wife's trust funds under the trusts and powers of the herein before recited indenture, then and in such case, and marriage shall subject to the same trusts and powers, and from and after the attain a vested death of the said C. B. or such failure of issue as aforesaid (which shall last happen), the trustee shall stand possessed of the entirety of the wife's trust funds, UPON the trusts and with and subject to the powers and provisions declared by Article 2 concerning one-third part of the wife's trust funds, or such of them as shall then be subsisting and capable of taking effect.

interest.

Upon same trusts as

before declared

concerning appointed one-third.

7. (Advancement clause, suprà, p. 293.)

8. If no child of the said C. B. by the said A. B. deceased or by the said X. Y. shall become absolutely entitled to the wife's trust funds under the trusts and powers of the herein before recited indenture and of these presents respectively, then and in such case and subject to the same trusts and powers, the trustees shall stand possessed of the wife's trust funds, IN TRUST for, &c. (Ultimate trust for the wife or her appointees by will or next of kin, suprà, p. 293.)

9. THE power of appointment among the children and remoter issue of the said C. B. by the said A. B. deceased now vested in the said C. B. as having survived the said A. B. under the herein before recited indenture, shall remain in full force and be exercisable by her notwithstanding her now intended coverture so far as regards the residue not subject to these presents of the wife's trust funds.

IN WITNESS, &c.