ASSIGNMENT TO TRUSTEES, IN CONTEMPLATION OF MAR RIAGE, OF SUMS STANDING ON Power of attorney. Habendum to the trustees. husband till marriage; -and after the marriage, upon trusts to be de clared by the settlement of even date. every of them, and every part thereof, TOGETHER WITH full power and authority to ask, demand, sue for, recover, and receive, and give effectual receipts and discharges for, OF MONEY OUT- the said principal money and interest, and every or any part thereof, in the name or names of him the said A. B., his executors or administrators, TO HAVE, Hold, receive, AND TAKE, the said sums of £- £- and £, and the interest due and to grow due for the same respectively, and all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said E. F. and G. In trust for the H., their executors, administrators, and assigns, IN TRUST for the said A. B., his executors, administrators, and assigns, in the meantime and until the said intended marriage shall be had and solemnized; AND AFTER the solemnization thereof, upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, provisoes, agreements, and declarations, as are or shall be expressed or described of and concerning the same, in and 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 [parties—the settlement]. AND THIS further, assign- INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreement in this behalf, and in consideration of the said intended marriage, he the said A. B. hath assigned, and by these presents doth assign unto the said E. F. and G. H., their executors, administrators, -of leaseholds, and assigns, ALL AND SINGULAR the said messuage or teneand a policy of insurance ment, lands, hereditaments, and premises, in and by the against fire; said indenture of the day of, assigned, or exthe security pressed and intended to be assigned to the said A. B., his for one of the executors, administrators, and assigns, for the residue then to come of the said term of years, granted by the with their appur Witnesseth, ment to the trustees; mortgage debts. Habendum as said indenture of the day of reditaments, And all and singular other the premises lastly therein veyance to the of freeholds, the security for day of [the mortgage deed]. AND Witnesseth, THIS INDENTURE ALSO WITNESSETH, that, in further, confurther pursuance of the said agreement in this behalf, and trustees; in consideration of the said intended marriage, he the said A. B. hath granted, released, and confirmed, and by these presents doth grant, release, and confirm, unto the said E. F. and G. H., (in their actual possession now being by virtue of a bargain and sale to them thereof made by the said A. B., in consideration, &c., ante, Vol. 3, p. 198), and their heirs, THE SAID PLOT or parcel of ground, hereditaments, and premises described and comprised in the said indenture of the day of, [the mortgage deed], and by the said indenture of the day of, conveyed to the use of the said A. B., his heirs and assigns, as hereinbefore is mentioned (c), AND ALL THE ESTATE, &c.: TO HAVE AND Habendum, TO HOLD the said plot or parcel of ground, messuages, and subject to the existing equity hereditaments, and all and singular other the premises of redemption. hereinbefore granted and released, or expressed and intended so to be, unto the said E. F. and G. H., their heirs and assigns, To THE USE of the said E. F. and G. H., their heirs and assigns, subject to the equity of (c) As to the mode of describing the parcels in transfers of mortgage, see ante, Vol. 3, p. 645, n. (b). another mort gage debt. ASSIGNMENT redemption now subsisting in the same premises under or by TO TRUSTEES, IN CONTEMPLA RIAGE, OF SUMS STANDING ON Witnesseth, further, assign ment to the trustees; of the life in terest and poli cies of assurance, the security for another mortgage. Habendum upon the subsisting trusts and equity of redemption. virtue of the said indenture of the day of [the TION OF MAR- mortgage deed]. AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreement in this behalf, and in consideration of the said intended marriage, he the said A. B. hath assigned, and by these presents doth assign, unto the said E. F. and G. H., their executors, administrators, and assigns, THE INTEREST, dividends, annual produce, policies of assurance, sum and sums of money, and other the premises by the said indenture of the day of, assigned, or expressed or intended so to be, AND ALL THE ESTATE, &c.: TO HAVE AND TO HOLD the said interest, dividends, and annual produce, policies of assurance, sums of money, and all and singular other the premises lastly herein before assigned, or expressed and intended so to be, unto the said E. F. and G. H., their executors, administrators, and assigns, upon the trusts declared thereof (d), and subject to the equity of redemption subsisting therein, under or by virtue of the said indenture of the day of -: AND THE SAID A. B. doth hereby for himself, his heirs, executors, and administrators, covenant with the said E. F. and G. H., their heirs, executors, administrators, and assigns respectively, THAT, for and notwithstanding any act, deed, matter, and thing, by him the said A. B. made, done, committed, or executed, or knowingly or willingly suffered to the contrary, he the said A. B. now hath in himself good right, full power, and lawful and absolute authority, to assign and grant and release the said premises hereinbefore assigned and granted and released respectively, or expressed and intended so to be, unto the said E. F. and G. H., their heirs, executors, administrators, and assigns, in manner and upon the trusts aforesaid, according to the true intent and meaning of these --and for fur- presents; AND THAT he the said A. B., his heirs, executors, ther assurance. and administrators, and all and every other person or persons whosoever, having, or lawfully or equitably claiming, Covenants by the husband with the trustees; -for right to assign and transfer the mortgage debts and securities; (d) These trusts were trusts for sale; that form having been adopted in the mortgage deed in lieu of a common proviso for redemption with powers of sale. (See ante, Vol. 3, p. 478, n. (q)). ASSIGNMENT TO TRUSTEES, IN CONTEMPLA TION OF MAR RIAGE, OF SUMS OF MONEY OUT STANDING ON or who shall or may have, or lawfully or equitably claim, any estate, right, title, or interest, of, in, or to the said. premises herein before assigned and granted and released respectively, or expressed and intended so to be, or any of them, or any part or parts thereof, by, from, under, or in trust for him the said A. B., his heirs, executors, or administrators, or any of them, shall and will from time to time, and at all times after the solemnization of the said intended marriage, upon the request of the said E. F. and G. H., or the survivor of them, his executors or administrators, but at the costs and charges of the said A. B., his executors or administrators, make, do, and execute, or cause to be made, done, and executed, all and every such further and other lawful acts, deeds, matters, and things, assignments, and assurances in the law whatsoever, for enabling the said E. F. and G. H., and the survivor of them, his executors and administrators, to recover and receive all and every the sum and sums of money hereinbefore assigned, or expressed and intended so to be; and for the further, better, and more effectually assigning and granting and releasing the said premises hereinbefore assigned and granted and released respectively, or expressed and intended so to be, unto the said E. F. and G. H., their executors, administrators, and assigns, in manner and upon the trusts aforesaid, and according to the true intent and meaning of these presents, as by them the said E. F. and G. H., or the survivor of them, his executors or administrators, their or his counsel in the law, shall be reasonably devised or advised and required. AND THIS INDEN- Witnesseth, TURE ALSO WITNESSETH, that, in pursuance of the said agreement in this behalf, and in consideration of the said intended marriage, she the said C. D., with the privity and consent of the said A. B., (testified by his being a party to and executing these presents (e)), hath assigned and by these presents doth assign unto the said E. F. and G. H., (e) As to the inchoate right given to the intended husband in the wife's property by an agreement for marriage, see supra, p. 310, n. (d). further, assign ment by the wife to the trustees; ASSIGNMENT TO TRUSTEES, IN CONTEMPLATION OF MAR RIAGE, OF SUMS STANDING ON -of a sum to which she is entitled under an appointment. Habendum -in trust for the wife till marriage; -after marriage, upon trusts to be declared by set date. Covenants for and further as their executors, administrators, and assigns, ALL THAT the said sum of £- so appointed to her the said C. D. by the hereinbefore recited deed-poll of even date herewith as OF MONEY OUT- aforesaid, and all interest and annual produce to grow due on or arise from the same, AND ALL THE ESTATE, &c.: To HAVE AND TO HOLD the said principal sum, interest, and annual produce, And all and singular other the premises lastly herein before assigned, or expressed and intended so to be, unto the said E. F. and G. H., their executors, administrators, and assigns, IN TRUST for the said C. D., her executors, administrators, and assigns, in the meantime, and until the said intended marriage; AND FROM AND AFTER the solemnization thereof, upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, tlement of even provisoes, agreements, and declarations, as are declared and contained of and concerning the same, in and by the said indenture of even date with these presents [the settlement]: [Covenants by A. B. and C. D. for right to assign, right to assign, and for further assurance ; see the form, infra, Precedent VI.]: PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that the receipt or receipts in writing of the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, or the trustees or trustee for the time being acting in the execution of the trusts of these presents, for the several principal sums of money and interest hereinbefore assigned, or expressed an intended so to be, or any of them, or any part or parts thereof respectively, and for any other sum or sums of money payable to them or him under or by virtue of these presents, or in the execution of the trusts hereof, shall be a sufficient and effectual discharge or sufficient and effectual discharges for the same respectively, or so much thereof as in such receipt or receipts shall be expressed or acknowledged to be received; and that the person or persons to whom the same shall be given, his, her, or their heirs, executors, administrators, or assigns, shall not afterwards be answerable or accountable for any loss, misapplication, or nonapplication, or be in any surance. Trustees' receipt clause. |