TO THE USE OF all the daughters of the said H. by the said W., and the heirs of their respective bodies, as tenants in common in equal shares;

AND IF and so often as there shall be a failure

remain

der to the

use of daughters

as tenants in com

mon in tail, with

cross

remain

of issue of any such daughter, then, as well as to
her original share as to any share or shares which ders;
shall have accrued to her or the heirs of her body
by virtue of this present limitation,

TO THE USE OF the others of such daughters and the heirs of their respective bodies as tenants in common in equal shares;

AND IF there shall be a failure of issue of all such daughters but one, or if there shall be but one such daughter, then as to the entirety of the same premises, TO THE USE OF such one or only daughter and the heirs of her body;

remainder.

AND in default of such issue, TO THE USE OF -ultimate the said H., his heirs and assigns:

Trusts of

portions

AND IT IS HEREBY AGREED AND DECLARED, that the said premises are hereby limited to the term (a). said C. P. and D. Q., their executors, administrators, and assigns, for the said term of 1,000 years UPON TRUST, if there shall be any younger child or children of the said intended marriage (meaning thereby any child or children who being a son or sons shall attain the age of twenty-one

in tail male, with the remainder To THE USE of the first seniorities in tail."

(a) See as to portions, Elph. Introd. 376.

years, or being a daughter or daughters shall attain that age or marry, other than any son or sons who before attaining the age of twenty-one years shall become entitled, or any daughter or daughters who before attaining that age or marrying shall become indefeasibly entitled, whether in possession or remainder, under or by virtue of these presents, to the said hereditaments hereby settled for the first estate in tail), then the said C. P. and D. Q. or the survivor of them shall, after the death of the said H. or in his lifetime at his request in writing, raise by mortgage or sale or demise of the said premises or any part thereof, for all or any part of the said term, or by or out of the rents and profits of the said premises or any part thereof, or by the sale of timber or minerals, or by all or any of the means aforesaid, the sum of [£10,000], and shall hold the same sum in trust for all or such one or more exclusively of the others or other of the said younger children, at such age or time or respective ages or times (a), if more than one in such shares and with such future or other trusts for the benefit of any such younger child or children, and upon such conditions, with such restrictions, and in

(a) It will be observed that, as only those children who attain 21, or if daughters, marry, are included in the class of " younger children" as defined in the early part of this clause, no appointment can be made so as to give any vested interest to a child unless he or she attains 21, or if a daughter marries.

such manner as the said H. shall by any deed or deeds, revocable or irrevocable, or by will or codicil appoint;

AND IN DEFAULT of and subject to any such appointment, in trust for the said younger children or child, if more than one, in equal shares as tenants in common (a);

PROVIDED ALWAYS, and it is hereby agreed, that the said A. T. and B. T., and the survivor of them, shall be the trustees and trustee of these presents, for the purposes of the forty-second section of the Conveyancing and Law of Property Act, 1881, the powers and provisions whereof shall apply to these presents; AND that any accumulated fund arising from the rents and profits of the hereditaments hereby settled during the minority of any tenant in tail by purchase, shall (without prejudice to the power to apply the same at any time as if the same had been rents and profits of the current year) be held upon the trusts following, that is to say, if the person during whose minority the same shall have been accumulated shall being a male attain the age of twenty-one years, or being a female attain that age or marry, then upon trust for such person, his or her executors or administrators as personal estate; but if such person being a male

(a) Here may be added ancillary provisions, such as hotchpot, maintenance and advancement clauses (for examples of such clauses, see post, pp. 100, 124,

As to

manage

ment by during

trustees

minorities; by

reference

to C. A.,

1881, s. 42.

Power to husband

to jointure

future

wife (a).

shall die under the age of twenty-one years, or
being a female shall die under that age and with-
out having been married, then upon the trusts
and subject to the powers and provisions which
would have been applicable thereto if the same
had arisen from a sale of the said hereditaments;
but so that the whole or any part of such accumu-
lations may at any time be applied for the benefit
of
any such minor as if the same had been rents
and profits arising in the then current year:

PROVIDED ALWAYS, and it is hereby agreed and declared, that if the said H. shall survive the said W. and shall marry again, it shall be lawful for the said H. at any time, whether before or after such marriage, by deed revocable or irrevocable or by will or codicil to appoint to his after-taken wife, in the event of her surviving him, for her life or any less period, a rent-charge or rent-charges by way of jointure, not exceeding the annual sum of £, to be charged upon an or any of the hereditaments hereby settled, and to be payable without any deductions, at such times and in such manner as the said H. shall direct (b) [power to H. to charge portions for younger children of subsequent marriages, "of any sum not exceeding in the different events

(a) See Elph. Introd. 385.

(b) As to the powers and remedies for securing payment of a rent-charge, see Conv. Act, 1881, s. 44, and supra, p. 87, note (a).

hereinafter specified the different sums herein-
after mentioned, that is to say, if there shall be
but one such younger child, the sum of £
and if but two such younger children, the sum of
£- and if three or more such younger children,
the sum of £;"]

ment of

Appointtrustees

for pur

AND IT IS HEREBY AGREED, that the said A. T. and B. T. shall be and they are hereby appointed trustees of these presents, for the purposes of the Settled Land Act, 1882, and any Act or Acts Settled extending, amending, or re-enacting the same.

IN WITNESS, &c.

THE SCHEDULE ABOVE REFERRED TO.

[Description of Lands settled.]

poses of

Land
Acts.

XXXIX.

MARRIAGE SETTLEMENT of FREEHOLDS by way of TRUSTS of PROCEEDS of SALE (a).

(A) CONVEYANCE of the Freeholds in Trust for

Sale.

THIS INDENTURE, made the

18-,

day of

BETWEEN H. of, &c. [husband], of the first Parties.

(a) As to settlements of land by way of trust for sale, see Elph. Introd. 311; Edwards, 362; Goodeve, 80.