OF PORTION CHARGED ON said N. D., of the first part, O. D., now the wife of the said APPOINTMENT N. D. (then O. P., spinster), of the second part, &c. (and other parties) (being a settlement made in contemplation of the REAL ESTATE. marriage then intended and shortly afterwards solemnized between the said N. D. and the said O. P.), the manor of and the capital and other messuages, lands, tenements, and hereditaments, situate in the parish of in the county of -, in the said indenture particularly described, were settled and assured to the use of the said N. D. during his life, without impeachment of waste, with remainder after his decease to the use that the said O. P., if she should survive the said N. D., should receive thereout, during her life, a yearly rent-charge of £ for her jointure, with usual powers for recovering the same when in arrear, and subject thereto, to the use of the said P. Q. and R. S., their executors, administrators, and assigns, for the term of one thousand years, computed from the decease of the said N. D., upon the trusts therein declared concerning the same, and in part hereinafter mentioned, with remainder to the first and other sons of the said N. D. by the said O. P. successively in tail male, with remainders over; and it was declared that the said premises were limited to the said P. Q. and R. S., their executors, administrators, and assigns, for the said term of one thousand years as aforesaid, upon trust, in the first place, to secure in manner therein mentioned the regular payment of the said yearly rent-charge of £, and in the next place, upon trust that if there should be any child or children of the said N. D. by the said O. P. (other than an eldest or only son. entitled for the time being to the first estate tail in the said hereditaments under the limitations of the said indenture), then and in such case the said P. Q. and R. S., or the survivor of them, or the executors or administrators of such survivor, should after the decease of the said N. D., or in his lifetime upon his request in writing, levy and raise, in manner therein mentioned, as and for the portion or portions of such child or children (other than as aforesaid) the sum of money therein and hereinafter mentioned (that is to say), if there should be but one such child, the sum of £, and if there should be two such children and no more, the sum of £- and if there should be three or the sum of £ more such children, the sum of £ OF PORTION CHARGED ON REAL ESTATE. APPOINTMENT or any of the children of the said N. D. by the said O. P., in such shares, and in such manner as the said N. D. should by any deed or deeds, with or without power of revocation and new appointment, or by his will, appoint: AND WHEREAS there are six children of the said N. D. by the said O. D., his wife (other than and besides their eldest son): AND WHEREAS a marriage is intended shortly to be solemnized between the said C. D., who Agreement for is one of the said children, and the said A. B.: AND WHEREAS appointment That there are six younger children and intended wife is one. and settle ment. Witnessing part. Father appoints portion to a vested interest on upon the treaty for the said intended marriage it was agreed that the said N. D. should appoint the sum of £, part of the money raiseable for portions as aforesaid, as the share of the said C. D., and that the said C. D. should settle the same upon the trusts hereinafter mentioned, and it was further agreed that the appointment should be made at the request of the said C. D. directly to the said E. F., G. H., and I. K., as the trustees of the said intended settlement in the manner hereinafter expressed NOW THIS INDENTURE WITNESSETH, that the said N. D., in exercise and in execution of the power for this purpose vested in him by the said indenture of settlement daughter to be as aforesaid, and of all other powers (if any) him hereunto enabling, doth hereby at the request of the said C. D. (testified by her executing these presents) Appoint, that if the said intended marriage between the said C. D. and A. B. shall take effect before the expiration of twelve calendar months from the date of these presents, the sum of £ part of the money by the said indenture directed to be raised for the portions of younger children as aforesaid, shall be the portion of the said C. D., and shall, upon the decease of the said N. D., be paid to the said E. F., G. H., and I. K., with interest thereon after the rate of £4 per cent. per annum, computed from the decease of the said N. D., to be held by them upon such trusts, and with and subject to such powers and provisions, as are or shall be expressed and declared concerning the same by an indenture already prepared and engrossed, bearing, or intended to bear, even date with these presents, and made, or intended to be made, between, &c. (parties). marriage, and to be paid to trustees upon trusts of deed of even date. Clause as to appointment of new trustees. AND IT IS DECLARED that (Clause as to appointment of new trustees, suprà, p. 296). IN WITNESS, &c. No. XX. SETTLEMENT by the intended HUSBAND of the PROCEEDS day of, 18—, SETTLEMENT OF PROCEEDS OF SALE OF REVERSIONARY SHARE OF FREEHOLDS AND LEASE HOLDS, ETC. intended mar date being husband of reversionary freeholds and upon trust for THIS INDENTURE, made the BETWEEN A. B., of, &c. (intended husband), of the first part, Parties. 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 marriage is intended shortly to be solemnized Recital of between the said A. B. and the said C. D.: AND WHEREAS by riage. an indenture bearing even date with these presents, and made Deed of even between, &c., the said A. B., in consideration of the said conveyance by intended marriage, has conveyed and assigned one undivided third part or share of and in certain freehold and leasehold moiety of hereditaments therein described unto the said E. F., G. H., and leaseholds I. K., subject to the estate for life therein of R. B. (the father sale. of the said A. B.), UPON trust after the solemnization of the said intended marriage, that the trustees shall, upon such request or at such discretion as therein mentioned, sell the said undivided part or share of and in the said several freehold and leasehold premises at any time or times after the decease of the said R. B., or in his lifetime if he shall concur in the said sale, but not otherwise AND shall receive all the moneys to arise from the sale of the said undivided share, whether such sale shall be made in the lifetime of the said R. B., or after his death (including in the former case such portion of the said moneys as shall represent the life estate of the said R. B.), and shall with and out of the said moneys in the first place pay and retain the costs and expenses attending such sale, and shall stand possessed of the residue of the said moneys, upon the trusts, and with and subject to the powers and provisions to be declared concerning the same by an indenture therein mentioned, meaning these presents, and upon trust in the meantime, and until such sale, to permit the rents and profits of the premises to be received by the said A. B. during his life, and after his decease by the said OF PROCEEDS OF SALE OF REVERSIONARY SHARE OF FREEHOLDS AND LEASE HOLDS, ETC. of even date SETTLEMENT C. D. during her life, and after the decease of the survivor of the said A. B. and C. D. to stand possessed of the said rents and profits upon the trusts declared concerning the same by the said indenture, meaning these presents: AND WHEREAS by another indenture bearing even date with these presents, and Another deed made between, &c. (parties), the said N. D. has at the request of being appoint- the said C. D. appointed the sum of £, part of a sum of money raiseable for portions under an indenture of settlement therein referred to and charged on real estate, and which sum of £ will become payable on the decease of the said N. D. unto the said E. F., G. H., and I. K., upon the trusts, and with and subject to the powers and provisions declared concerning the same by an indenture therein mentioned, meaning these presents: NOW THIS INDENTURE WITNESSETH, that in consideration of the said intended marriage, IT IS HEREBY AGREED AND DECLARED as follows: ment of portion to trustees by direction of wife. Witnessing part. Declaration that trustees shall invest proceeds of sale of share of freeholds and leaseholds wife. 1. UPON the receipt of the moneys to arise from the sale of the part or share of hereditaments comprised in the first hereinbefore recited indenture, and of the said sum of £ appointed by the secondly herein before recited indenture respectively, the said and portion of E. F., G. H., and I. K. (hereinafter called "the trustees"), 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 decease of such survivor at the discretion of the trustees, invest the same, with power from time to time, with such consent or at such discretion as aforesaid, to vary the investments thereof. The moneys to arise from the sale of the said part or share of hereditaments, and the investments for the time being representing the same, are hereinafter called the "husband's trust funds," and the said sum of £, and the investments for the time being representing the same, are hereinafter called the "wife's trust funds." Trusts of rents until sale. 2, 3. (Trusts and powers as in Precedent No. X., Articles 4, 5, suprà, pp. 292, 293.) 4. Ir the said part or share of and in the said freehold and leasehold premises respectively, or any part thereof, shall remain unsold at the decease of the survivor of the said A. B. and C. D. the trustees shall until the sale thereof pay the net rents and profits thereof to the person or persons and in the manner to whom and in which the income of the moneys produced by the sale thereof would for the time being be payable or applicable SETTLEMENT under the foregoing trusts if such sale had been made. 5 to 8. (The same as clauses 7 to 10 in Precedent No. XI., suprà, pp. 294-296.) 9. 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 PROCEEDS OF SALE OF REVERSIONARY SHARE OF FREEHOLDS AND LEASE HOLDS, ETC. Settlement to be void, if marriage not solemnized within twelve months. No. XXI. SETTLEMENT by intended WIFE of a share of the PRO CEEDS of RESIDUARY REAL and PERSONAL ESTATE THIS INDENTURE, made the day of SETTLEMENT OF SHARE OF BETWEEN Parties. money marriage. wife is entitled estate under will. 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. (trustees), of the third part: WHEREAS Recite agreea marriage is intended shortly to be solemnized between the ment for said A. B. and the said C. D.: AND WHEREAS under or by That intended virtue of the last will and testament of her uncle, X. Y., to a share of deceased, the said C. D. is beneficially entitled to a moiety of residuary the moneys to arise from the sale and conversion into of the residuary real and personal estate of the said X. Y., which shall remain after payment of his debts and funeral and testamentary expenses, and the legacies bequeathed by his said will, but the amount or particulars of such residuary estate cannot at present be ascertained: AND WHEREAS upon the Agreement for treaty for the said intended marriage, it was agreed that such settlement should be made as is hereinafter expressed: NOW Witnessing THIS INDENTURE, made in consideration of the said intended marriage, WITNESSETH and declares as follows: settlement. part. intended wife 1. THE said C. D., as settlor, hereby assigns unto the said Assignment by E. F., G. H., and I. K. (hereinafter called "the trustees of of moiety of residuary these presents "), ALL THAT the moiety of her the said C. D., estate. |