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OUTSTANDING

FROM THE SALE

OF
REAL ESTATE.

said, and the interest and annual produce to grow due or arise of MONIES from the same, To hold the same unto the said E. F. and ON SECURITIES G. H., their executors, administrators, and assigns, IN AND TO ARISE TRUST for the said C. D., her executors, administrators, and assigns, in the meantime and until the solemnization of 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, provisoes, agreements, and declarations, as are declared and contained of and concerning the same in and by the said indenture thereinbefore mentioned of even date with the indenture now in recital, meaning thereby this present indenture; AND WHEREAS, in further pursuance of the said of the con

veyance by the agreements, by an indenture of release and assignment, hu

release and assignment, husband, to the bearing even date with, but executed before the execution trustees, of the

moiety of the of these presents, grounded so far as the same operated as lease for lives; a release on a lease for a year, 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 granted, released, and confirmed unto the said E. F. and G. H., their executors, administrators, and assigns, the equal moiety of him the said A. B. of and in the said parsonage, glebe, houses, lands, tithes, and hereditaments comprised in the said indenture of the day of , To hold the same unto and to the use of the said E. F. and G. H., their executors, administrators, and assigns, for the lives of the said X., Y., and Z., and the lives and life of the survivors and survivor of them, upon the trusts thereinafter mentioned and hereinafter referred to; AND —and of the by the said indenture now in recital, the said A. B., with policies of asthe like privity of the said C. D., hath assigned unto the said E. F, and G. H., their executors, administrators, and assigns, the equal moiety of him the said A. B. of and in the said policies of assurance on the lives of the said X., Y., and Z., and the monies to become payable under or by virtue of the same, To hold the same unto the said E. F. and G. H., their executors, administrators, and assigns, upon the trusts thereinafter mentioned and hereinafter referred to; And by the said indenture now in recital it is declared, -upon trust for

surance;

OUTSTANDING

FROM THE SALE

OF

ence to t

OF MONIES that the said E. F. and G. H., their executors, administraOn Securities tors, and assigns, shall stand and be seised and possessed AND TO ARISE of and interested in the said moieties, thereinbefore re

leased and assigned respectively, of the said leasehold preREAL ESTATE.

mises and policies of assurance respectively, In trust for sale, the trust the said A. B., his executors, administrators, and assigns, of the purchase. money, and of in the meantime until the said intended marriage shall be the surplus

solemnized, and from and after the solemnization thereof, rents and profits, being de- Upon trust that the said E. F. and G. H., and the survivor clared by refer

e of them, and the executors and administrators of such sursent settlement. vivor, shall, with such consent, or at such discretion as in

the said indenture now in recital is mentioned, sell the same premises, and stand possessed of and interested in the monies to arise from the sale thereof, (after deducting expenses), and also, of and in the rents, issues, and profits of the same moiety of the said leasehold premises, in the meantime and until the same shall be sold, (subject and without prejudice to the trusts in the said indenture now in recital declared of the said rents, issues, and profits, for renewal of the lease of the said leasehold hereditaments, and for keeping the lives of the cestuis que vie for the time being of the said leasehold hereditaments duly insured), upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, provisoes, declarations, and agreements, as are or shall be declared of and concerning the same in and by the indenture therein mentioned to be already prepared and engrossed, and bearing, or intended to bear, even date with the indenture now in recital, and made, or intended to be

made, between the same persons as are parties to these preWitnesseth, sents, and meaning thereby this present indenture. NOW covenant by the THIS INDENTURE WITNESSETH, that, in further wife's father to pay the trustees pursuance of the said agreements, and in consideration of an annual sum

the said intended marriage, the said A. D. doth hereby for sionary interest himself, his heirs, executors, and administrators, covenant fall into posses

with the said E. F. and G. H., their executors and administrators, that in case the said intended marriage shall take effect, he the said A. D., his heirs, executors, or administrators, shall and will in the meantime, and until the said sum of £— [the wife's reversionary sum] shall become payable

till her rever

sion.

OUTSTANDING
ON SECURITIES
AND TO ARISE
FROM THE SALE

OF
REAL ESTATE,

and be paid, pay or cause to be paid an annual sum of op monies £- (h) unto the said E. F. and G. H., their executors, o administrators, or assigns, by equal half-yearly payments, on the — day of— and the day of — in every year, until the whole of the said sum of £_ shall be paid, the first of such half yearly payments to be made on the day of — next, unless the said sum of £shall have been previously paid. AND THIS INDEN- Witnesseth,

further declaraTURE ALSO WITNESSETH, that, in further pur- tion of trusts of suance of the said agreements, and in consideration of the the funds. said intended marriage, it is hereby agreed and declared between and by the parties to these presents, that the said E. F. and G. H., their (*) executors, administrators, and assigns, shall stand possessed of and interested in the said sums of £- ,£- , and £- , [the mortgage sums), and the interest for the same respectively, and also of and in the monies to arise from the sale of the said moiety of the said parsonage, glebe, houses, lands, and tithes, and of the policies of assurance on the lives of the said X., Y., and Z.; And also of and in the said sum of £- , [the wife's reversionary sum], and interest, FROM AND AFTER (K) the solemnization of the said intended marriage, UPON TRUST, Trusts for inthat the said E. F. and G. H., and the survivor of them, v

nem, varying securiand the (1) executors and administrators of such survivor, ties. do and shall either permit and suffer the said mortgage debts or sums of £ ,£- , and £— , or any of them, or any part thereof respectively, either to remain upon the securities upon which the same are now placed, or do and 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 death of such survivor at the discretion of them the said E. F. and G. H.,

vestment and

(h) See supra, p. 359, n, (9).

(i) If the land conveyed in trust for sale had been freehold, the word “heirs” would have been necessary here. (See supra, p. 359, n. (f)).

(k) The trusts until marriage have been declared in each case by the deed of even date; otherwise they must have formed the first trusts here. See infra, Precedent VIII.

(1) See supra, n. (i).

OF MONIES OUTSTANDING ON SECURITIES

FROM THE SALE

OF
REAL ESTATE.

OF MONIES or the survivor of them, or the executors or administrators

of such survivor, call in and compel payment of the same AND TO ARISE sums or any of them, or any part thereof respectively, and do

and shall receive the monies arising from the sale of the said moiety of the said parsonage, glebe, houses, lands, and tithes, and other the premises directed to be sold, and also the said sum of £- [the wife's reversionary sum], when the same shall become payable; And do and shall (with such consent or at such discretion as aforesaid,) lay out and invest the monies so to be called in and received respectively as aforesaid, in the names or name of the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, in the purchase of a competent share or shares of any of the parliamentary stocks or public funds of Great Britain, or at interest upon government or real securities in England or Wales, (but not in Ireland (m)), with power for the said E. F. and G. H. and the survivor of them, and the executors or administrators of such survivor, (with such consent or at such discretion as aforesaid), to alter, vary, and transpose the said stocks, funds, and se

curities into or for other stocks, funds, and securities of the Declaration of same or a like nature (n): AND IT IS HEREBY further the beneficial

agreed and declared between and by the parties to these presents, that the said E. F. and G. H., their executors, administrators, and assigns, do and shall stand and be possessed of and interested in the said sums of £4 , £- , £- , and £- , and the monies to arise from the sale aforesaid, and the stocks, funds, and securities in or upon which the same may be laid out and invested, and the interest, dividends, and annual produce thereof, (including the said annual sum of £- to be paid by the said A. D. in

respect of the said sum of £ , till the same shall become --for the hus- payable and be paid), UPON TRUST that the said E. F. and

G. H., and the survivor of them, and the executors and administrators of such survivor, do and shall pay the interest, dividends, and annual produce of the same trust monies, stocks, funds, and securities to, or permit the same to be re

trusts;

band for life

(m) See supra, p. 312, n. (e).

(n) See supra, p. 313, n. (f).

OUTSTANDING ON SECURITIES

FROM THE SALE

OF
REAL ESTATE,

with usual

ceived by, the said A. B. and his assigns during his life, of monies AND AFTER his decease to or by the said C. D. in case she shall survive the said A. B., and her assigns, during her AND TO ARISE life, AND AFTER the decease of the survivor of them the said A. B. and C. D., do and shall stand and be possessed of and interested in all and singular the same trust monies, --for the wife

for life; stocks, funds, and securities, and the interest, dividends, and

le interest, dividends, and -and after the annual produce thereof, IN TRUST for &c. : (for the children death of hus

band and wife as the husband and wife or the survivor shall appoint, and, for the children, in default of appointment, for children equally, see supra wi

clauses and pp. 317, 318.Hotchpot clause, supra, p. 319.Advance- powers. ment clause, supra, p. 319.— Maintenance and accumulation clauses, supra, pp. 320, 321]: AND IT IS HEREBY agreed in default of and declared between and by the parties to these presents,

nese present, ject to the wife's that in case there shall be no child of the said intended mar- life interest, the

husband's funds riage, who, being a son, shall attain the age of twenty-one to belong to years, or, being a daughter, shall attain that age or marry (o), him; the said E.F. and G. H., their executors, administrators, and assigns shall stand and be possessed of and interested in the said trust monies, stocks, funds, and securities, and the interest, dividends, and annual produce thereof, or so much thereof as shall not have become vested or been applied under any of the trusts or powers herein contained (P), upon the trusts following, (that is to say), AS TO THE SAID mortgage debts or sums of £- ,£- , and £— , and the monies to arise from the sale aforesaid, and of the stocks, funds, and securities in or upon which the same or any of them or any part thereof respectively shall be laid out or invested, and the interest, dividends, and annual produce thereof, or so much thereof respectively as shall not have become vested or been applied under any of the powers or trusts herein contained, from and after the death of the said C. D., and such default or failure of children as aforesaid, which shall last happen, IN TRUST for the said A. B., his executors, administrators, and assigns: And AS TO THE SAID sum of £— [the wife's reversionary sum], and the stocks, funds, and securities in or upon which the same

(o) See supra, p. 322, n. (n).

(p) See supra, p. 322, n. (c).

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