OF MONIES OUTSTANDING ON SECURITIES FROM THE SALE said, and the interest and annual produce to grow due or arise from the same, To hold the same unto the said E. F. and 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 REAL ESTATE. 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 conagreements, by an indenture of release and assignment, bearing even date with, but executed before the execution of these presents, grounded so far as the same operated as 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 husband, to the veyance by the trustees, of the moiety of the lease for lives; -and of the policies of as surance; 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 by the said indenture now in recital, the said A. B., with the 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 OF MONIES OUTSTANDING ON SECURITIES AND TO ARISE FROM THE SALE OF sale, the trusts of the purchasemoney, and of the surplus rents and pro fits, being declared by reference to the present settlement. that the said E. F. and G. H., their executors, administrators, and assigns, shall stand and be seised and possessed of and interested in the said moieties, therein before released and assigned respectively, of the said leasehold preREAL ESTATE. Mises and policies of assurance respectively, IN TRUST for the said A. B., his executors, administrators, and assigns, in the meantime until the said intended marriage shall be solemnized, and from and after the solemnization thereof, Upon trust that the said E. F. and G. H., and the survivor of them, and the executors and administrators of such survivor, 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 presents, and meaning thereby this present indenture. NOW THIS INDENTURE WITNESSETH, that, in further pursuance of the said agreements, and in consideration of the said intended marriage, the said A. D. doth hereby for sionary interest himself, his heirs, executors, and administrators, covenant 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 Witnesseth, covenant by the wife's father to pay the trustees an annual sum till her rever fall into posses sion. and be paid, pay or cause to be paid an annual sum of £ OF MONIES OUTSTANDING (h) unto the said E. F. and G. H., their executors, ON SECURITIES administrators, or assigns, by equal half-yearly payments, on the day of and the day of AND TO ARISE in every year, until the whole of the said sum of £ day of Witnesseth, further declara shall have been previously paid. AND THIS INDENTURE 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 (i) 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, varying securiand the (1) executors and administrators of such survivor, ties. do and shall either permit and suffer the said mortgage and £ or any debts or sums of £- (h) See supra, p. 359, n, (g). (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. (ƒ)). (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). vestment and OF MONIES OUTSTANDING ON SECURITIES AND TO ARISE FROM THE SALE REAL ESTATE. Declaration of the beneficial trusts; or the survivor of them, or the executors or administrators of such survivor, call in and compel payment of the same 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 securities into or for other stocks, funds, and securities of the same or a like nature (n): AND IT IS HEREBY further 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 £ £ £, 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 band for life; (m) See supra, p. 312, n. (e). (n) See supra, p. 313, n. (ƒ). OF MONIES OUTSTANDING ON SECURITIES FROM THE SALE OF REAL ESTATE. for life; death of husfor the children, causes and powers. band and wife with usual In default of ject to the wife's children, sub husband's funds ceived by, the said A. B. and his assigns during his life, 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 stocks, funds, and securities, and the interest, dividends, and annual produce thereof, IN TRUST for &c.: [for the children as the husband and wife or the survivor shall appoint, and, in default of appointment, for children equally, see supra pp. 317, 318.-Hotchpot clause, supra, p. 319.-Advancement clause, supra, p. 319.-Maintenance and accumulation clauses, supra, pp. 320, 321]: AND IT IS HEREBY agreed and declared between and by the parties to these presents, that in case there shall be no child of the said intended mar- life interest, the 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 (0), 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 (0) See supra, p. 322, n. (n). (p) See supra, p. 322, n. (o). |