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OF MONIES OUTSTANDING ON SECURITIES AND TO ARISE FROM THE SALE OF

REAL ESTATE.

SETTLEMENT on Marriage, of Sums of Monet/ secured on Mortgage, and of a Sum payable under the Trusts of a Term of Years, and which have been assigned to the Trustees by Deed of Even Date (a); of Monies to be produced by the Sale of Real Estate conveyed to the Trustees by another Deed of Even Date, in Trust for Sale (b); of an Annual Sum Covenanted to be paid until the Money raisable under the Term shall be paid; and of the Rents and Profits of the Real Estate until Sale. Usual Trusts for Investment, and for the Benefit of the Husband, Wife, and Children. If No Children become Entitled, the Husband's Funds revert to himself, the Wife's to herself or her Appointees or Next of Kin, exclusive of her Husband. Usual Trustee Clauses.

THIS INDENTURE, made &c, Between A.B., of &c, [intended husband], of the first part; A. D., of &c, of the second part; C. D., of &c, [intended wife], (one of the daughters of the said A. D.), of the third part; and E. F., of &c., and G. H., of &c, [trustees], of the fourth part:

Whereas the said A. B. is entitled to a sum of £ ,

with interest for the same after the rate of —l. per cent.

sum secured on per annum, from the day of last, secured by an

feasehdds; ° indenture bearing date the day of , and made, or

Parties.

Recital of the husband's being entitled to a

(a) The reasons for assigning these monies to trustees by deed of even date, instead of by the settlement itself, are stated supra, p. 333, n. (a).

(b) The reasons for making this conveyance by deed of even date are stated supra, p. 342, note.

OUTSTANDING ON SECURITIES

AND TO ARISE FROM THE SALE

or

expressed to be made, between [parties], upon certain Op Monies leasehold hereditaments, and a policy of insurance thereon against loss by fire in the said indenture particularly mentioned, and which sum of £ and interest, and the securities for the same, by an indenture bearing date the Real Estate.

day of , and made, or expressed to be made, between

[parties], became vested in the said A. B. (c); And —andtoano

Whereas the said A. B. is also entitled to a sum of £ , XTM,1^'

with interest thereon at the rate of —l. per cent, per gage of freeannum from the day of last, secured by an indenture of release bearing date the day of ,

grounded on a lease for a year, and made, or expressed to be made, between [parties], on certain freehold hereditaments in the said indenture of release particularly mentioned, and which sum of £ and interest, and the securities for the same, by divers mesne assignments and acts in the law, and ultimately by an indenture bearing date the day of , and made, or expressed to be made, between [parties], became vested in the said A. B.; And —and to ano

Whereas the said A. B. is entitled to a sum of £ , with a^fe'lnterest hi

interest thereon at the rate of —l. per cent, per annum personalty and

from the day of last, secured by an indenture surance;°' "*

bearing date the day of , and made, or expressed

to be made, between [parties], upon the life interest of the

said in the dividends, interest, and annual produce of

certain trust monies, stocks, funds, and securities therein mentioned, and also upon certain policies of assurance on the life of the said , in the said indenture also particularly mentioned; And Whereas the said A. B. is also —and to a

(c) In marriage settlements, in which monies have been assigned to trustees by deeds of even date, upon trusts to be declared by the settlement, it is usual merely to state the debt and security, and that they became vested in the settlor, instead of setting forth the recitals at length; and such a statement is quite sufficient, because the only object is to declare the trusts of the fund, and with the history of it the settlement has nothing to do. If the security has been made directly to the settlor, it may be recited in the usual manner; but wherever there have been transfers, or other intermediate dealings, the course adopted in the text is the moat convenient. See the preceding and two following recitals.

In marriage settlements, it is not generally necessary to narrate the history of the funds to be settled.

OP MONIES OUTSTANDING ON SECURITIES AND TO ARISE FROM THE SALE OF

REAL ESTATE.

moiety of a
lease for lives
and of policies
of assurance on
the lives of the
cestuis que vie;

—of the wife's
heing entitled
in reversion to
a sum raisable
under the trusts
of a term;

—of the agree-
ment for the
marriage;

—of the agree-
ment to as-
sign the mort-
gage debts and
securities to
the trustees,
upon the trusts
subsequently
declared;

—and to convey and assign

moiety of the lease and policies to the trustees, in

entitled to one equal moiety or half part of the parsonage,

glehe, houses, lands, and tithes of , in the county of

, for an estate granted by an indenture bearing date

the day of , and made, or expressed to be made,

between [parties], for the lives of X., Y., and Z., and the lives and life of the survivors and survivor of them, and is also entitled to one equal moiety or half part of three several policies of assurance on the lives of the said X., Y., and Z.,

respectively, effected with the Office for the sum of

£ each (d); And Whereas the said C. D. is, under

and by virtue of a deed-poll bearing even date with, but executed before these presents, and under the hand and

seal of the said A. D., entitled to a sum of £ , thereby

appointed to her the said C. D., and to be paid to her, her executors, administrators, or assigns, on the death of the survivor of the said A. D. and his father (e); And Whereas a marriage has been agreed on, and is intended to be shortly had and solemnized, between the said A. B. and C. D.; And Whereas, on the treaty for the said intended marriage, it was agreed that the said A. B. should assign the

said several sums of £ , £ , and £ , to which he

is entitled as aforesaid, and the interest due and to grow due on the same respectively, to the said E. F. and G. H., their executors, administrators, and assigns, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter declared, expressed, and contained of and concerning the same respectively, and should also assign, convey, and assure the securities for the same sums respectively to the said E. F. and G. H., their heirs, executors, administrators, and assigns respectively, according to the nature thereof respectively, subject to the equity of redemption thereof now subsisting in the same respectively; And On The Said Treaty it was also agreed that the said A. B. should convey, assign, and assure the said moiety of the said parsonage, glebe, houses, lands, and tithes, and of the^said

(d) See supra, n. (c).

(e) See supra, n. (c).

respectively, to the said E. F. and G. H., their executors, administrators, and assigns (/) respectively, upon trust to sell

HEAL ESTATE.

policies of assurance on the lives of the said X., Y., and Z. Of Monies

OUTSTANDING ON SECURITIES AND TO ARISE

, ... FROM THE SALE

the same and to stand possessed of the money arising from 0F such sale, and also of the rents and profits of the same premises until sold, upon and for the trusts, intents, and purposes, trust to sell and and with, under, and subject to the powers, provisoes, case.monies agreements, and declarations hereinafter declared of and 011 th,e lrusts

. be subsequently

concerning the same; And Whereas, upon the treaty for declared; the said intended marriage, it was also a«reed that the said —to assign the

/-it-vi Ii • i • i i- r> i • -l i wife.sreversion

L. D. should assign the said sum oi £ , to which she is ary sUnl t0 the

entitled as aforesaid, and all interest to prow due for the trustees, upon

'°_ trusts to be sub

Same unto the said E. F. and G. H., their executors, ad- quently declar

ministrators, and assigns, upon and for the trusts, intents, edi

and purposes, and with, under, and subject to the powers,

provisoes, agreements, and declarations hereinafter declared

and contained of and concerning the same; And That the —and that her

said A. D. should enter into such covenant with the said J!o\!,eCnanht0fordtiie

E. F. and G. H., their executors and administrators, for payment of an

P , ear i c annual sum by

payment of an annual sum oi x , tor and in respect oi way of interest,

the said sum of £ , until the same shall be payable till the reversion

c , fall into posses

and paid {g) as is hereinafter contained, and that such an- sion:
nual sum should be held, paid, and applied by the said E. F.
and G. H., their executors, administrators, and assigns,
upon and for the trusts, intents, and purposes, and with,

(/) When the estate is freehold or copyhold of inheritance, it will, of Variation recourse, have heen conveyed to the trustees and " their heirs," which will q"ircu if theesrequire a slight alteration in the trusts of this settlement; because, until 1j1 J} f the estate has been sold, and the money invested, the heirs of the last hold or copysurviving trustee, instead of his executors or administrators, may be the m»enttrustees of the estate or of the purchase-money. (See supra, p. 344, n. (c)). ance. The trust, however, for investment of the purchase-money will be to invest in the names or name of the trustees, or the survivor, or the executors or administrators of the survivor, and then, the subsequent trusts will run in the usual way, referring throughout to the executors or administrators, and not to the heirs.

(g) Such an annual sum as this is often inaccurately termed interest, Annuity agreed

which it manifestly cannot be; as interest can only arise on a sum of t0 be paid till a

money, either from the time it has been lent, or from the time at which Port'°"',f|comes

J i payable, is not

it becomes payable. interest.

OF MONIES
OUTSTANDING

ON SECURITIES
AND TO ARISE

FROM THE SALE

or

REAL ESTATE.

—of the assignment to the trustees:

—by the husband of the mortgage debts,

—and securities;

—and by the wife, of her reversionary sum;

under, and subject to the powers, provisoes, agreements, and declarations hereinafter declared and contained of and concerning the same; And Whereas, in pursuance of the said agreements, by an indenture bearing even date with, but executed before the execution of these presents, and made, or expressed to be made, between [parties], the said A. B., with the privity of the said C. D., (testified as therein mentioned), hath assigned unto the said E. F. and G. H., their executors, administrators, and assigns, the said several

mortgage sums or debts of £ , £ , and £ , and

the interest now due and henceforth to become due for the same respectively, To hold the same unto the said E. F. and G. 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 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 declared of and concerning the same, in and by an indenture therein mentioned to be already prepared and engrossed, and as bearing, or intended to bear, even date with the indenture now in recital, and as made, or intended to be made, between the several persons therein mentioned, being the same several persons as are parties to these presents, and meaning thereby this present indenture; And by the said indenture now in recital, the said A. B. hath assigned, granted, released, conveyed, and assured the said hereditaments, interest, dividends, annual produce, policies of assurance, and all other the securities for the said principal monies and interest unto the said E. F. and G. H., their heirs, executors, administrators, and assigns respectively, according to the nature thereof respectively, subject to the equity of redemption now subsisting in the same premises respectively; And by the said indenture now in recital, the said C. D., with the privity of the said A. B., (testified as therein mentioned), hath assigned unto the said E. F. and G. H., their executors, administrators, and assigns, the said sum of £ , to which the said C. D. is entitled as afore

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