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OF PERSONALTY, THE HUSBAND'S LIFE INTEREST DETERMINING ON BANKRUPTCY, &c.

Power to the trustees to pay premiums, &c, on the policy out of the income or capital of the trust funds.

Trustees not to be chargeable with a breach of trust, if the policy be not kept on foot.

recovering or receiving the monies intended to be thereby assured, or any part or parts thereof respectively (q): ProVided Always, and it is hereby agreed and declared between and by the parties to these presents, that it shall be lawful for the said E. F., G. H., and I. K., and the survivors or survivor of them, and the executors and administrators of such survivor, (if they or he shall in their or his absolute discretion think fit), at any time or times before the said A. B. shall, under the proviso hereinbefore contained, have become absolutely entitled to the said policy of assurance and the monies to become payable under or by virtue of the same, to apply any part or parts of the interest, dividends, and annual proceeds of the trust monies, stocks, funds, and securities, the trusts whereof are hereinbefore declared, or if the same be insufficient, then any part of the said trust monies, stocks, funds, or securities, in

payment of the said annual premium of £ , or other the

sum or sums of money (if any) which shall at any time or times become payable for keeping on foot or restoring the said subsisting policy of assurance, or for effecting, keeping on foot, or restoring any such new policy or policies of assurance on the life of the said A. B. as aforesaid: Provided Also, nevertheless, and it is hereby agreed and declared between and by the parties to these presents, that any omission or neglect by the said E. F., G. H., and I. K., or the survivors or survivor of them, or the executors or administrators of such survivor, to apply any part or parts of the said interest, dividends, and annual proceeds, trust monies, stocks, funds, or securities, in payment of the said annual premiums or sum or sums of money which .may become payable for keeping on foot or restoring the said subsisting policy, or for effecting, keeping on foot or restoring any such new policy of assurance on the life of the said A. B. as aforesaid, or to enforce the covenants hereinbefore on the part of the said A. B. contained with respect or in relation to the said policy, or any of the said covenants, shall not be

(q) As to the law relating to policies of assurance, see ante, Vol. 3, pp. 90, 91, 367, 368, 371, and supra, p. 383.

chargeable as a breach or breaches of trust, and that the Of Personalsaid E. F., G. H., and I. K., or any of them, their or any \^d,s Life of their executors or administrators, shall not be in any- Interest De

, » i TERMININO OK

wise responsible or accountable ior or m respect of any such Bankruptcy,

omission or neglect, or for or in respect of the said subsist- _

ing policy, or any such new policies as aforesaid, being

vitiated or rendered void through any means whatsoever (q).

AND THIS INDENTURE ALSO WITNESSETH, Witnessed

that, in pursuance of the said agreement in this behalf, each naiitS by the

of them the said A. B. and C. D., doth hereby for himself and h«fsband and

herself, and his and her heirs, executors, and administrators,

covenant with the said E. F., G. H., and I. K., their

executors and administrators, in manner following, (that

is to say), That if the said C. D. now is, or if at any time _to settle other

[during the said intended coverture (r)l the said C. D., or present or after

. . acquired pro

the said A. B. in her right, shall become entitled by descent, perty of the transmission, claim, devise, bequest, gift, donation, repre- wl e' sentation, purchase, or otherwise, to any real or personal property, which shall amount or be equal in value to the sum of £ (s), for any estate or interest whatsoever, then and in such case the said A. B. and the said C. D., and each of them, their and each of their heirs, executors, and administrators, and all other necessary parties, shall and will, at the costs and charges of the said trust estate, from time to time, as soon as circumstances will admit, by good and effectual conveyances, assignments, and assurances, or other acts and deeds in the law,

(g) The language of this proviso is certainly very strong; but it Indemnity to

would probably not extend to protect the trustees from any wilful neglect tne tr"s'ees for

not keeping up

to keep up, or enforce keeping up, the policy, if called on so to do by the a p0)icy 0f ascestuis que trust; it only means that they are not, as they ought not to surance. be, bound to look after the fate of the policy. The effect of such a clause is to leave it to the discretion of the husband, whether he will or will not keep it up; but if he do not keep it up, he or his assets will be bound to make good the loss to the settlement.

(») If it be intended to bind, for the benefit of the children, property which may accrue to the wife after the determination of the coverture, say, instead of the words in brackets, " after the solemnization of the said intended marriage."

(*) The sum of £200 is commonly named. vOL. Iv. D D

Of Personal- to the good liking and satisfaction of the said E. F., G. H., Band's Life" and I- K., or ^e survivors or survivor of them, or the exInterest De- ecutors or administrators of such survivor, or their or his

TERMINING ON i-ii

Bankruptcy, counsel m the law, convey, assign, settle, and assure, or &c" otherwise cause to be well and effectually vested in the said E. F., G. H., and I. K., or the survivors or survivor of them, or the heirs, executors, or administrators respectively of such survivor, according to the nature and quality thereof respectively, all and singular such real and personal estate (other than jewels, trinkets, ornaments, plate, pictures, prints, and books) to which the said C. D. is now, or the said C. D., or the said A. B. in her right, shall so become entitled as aforesaid, for all her estate and interest therein, nevertheless, 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 or referred to, of and concerning the same, —as to all ex- (that is to say), As To Such part or parts of the said real or Infer^^for*1115 personal property as shall not consist of money, (other the life of wife; than any annuity or annuities, or other real or personal property to which the said C. D., or the said A. B. in her right, may be or become entitled for the life of the said C. D. only, or for any term of years determinable on her —upon trust to death), Upon Trust, with all convenient speed, and in the sameCinto11 sucn manner 88 the said trustees or trustee for the time money; being shall think fit(tf), to sell and dispose of and convert

—and to hold the same into money, And to stand possessed of and alUuch of the interested in the monies to arise by such sale, disposition, property as is and conversion into money, and of and in all and sinney'upon the gular the money to which the said C. D., or the said A. B.

trusts declared in ner right, may be or become entitled during the said inof the wife's i - i • i i • , i

property al- tended coverture, and of and in all interest and annual proready settled i duce thereof respectively, upon and for the trusts, intents, and.purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinbefore declared, expressed, and contained, of and concerning the monies to arise by the calling in, payment, sale, transfer, of

(/) It might be convenient to give the usual powers of sale. See supra, p. 346.

TY, THE HUSBAND'S LIFE INTEREST DETERMINING ON BANKRUPTCY, &C.

disposition of the said sums of £ and £ , and the Of Fersonal

said fourth part of the said sum of £ , —l. per cent.

s Bank Annuities, and the said sum of £ , —l. per

cent. Bank Annuities, and the interest and annual

produce thereof, or as near thereto as the deaths of parties and other circumstances 'will admit of; And As To Such — and as to in

, • , terests, for the

Annuity or annuities or other real or personal property to wife's life upon which the said C. D. is now, or the said C. D., or the said tr,ust t0 "PP1*,

',' the same as the

A. B. in her right, shall so become entitled for the life of the income of the said C. D. as aforesaid, or for any term of years determinable pro^er{y-ettled on her death, Upon Trust to pay and apply the same annuity or annuities, or the rents, issues, and profits, interest, dividends, or annual produce of such real or personal property, (as the case may be), in such and the same manner as the interest, dividends, and annual produce of the aforesaid trust monies, stocks, funds, and securities, the trusts whereof are hereinbefore declared, shall from time to time be applicable under the same trusts, But with power for the —with power said trustees or trustee for the time being of these presents, of sale' with the consent in writing of the said C. D., at any time to sell the same in such manner as the said trustees or trustee for the time being shall think fit, so nevertheless that the money to arise from any such sale or sales be held and applied upon and for such and the same trusts, intents, and purposes as are hereinbefore declared or referred to of such part of the personal estate to which the said C. D. now is, or she, or the said A. B. in her right, shall so become entitled as aforesaid, as shall originally consist of money (m). [Trus- Trusteeclauses. tees' receipt clause, supra, p. 323.Clauses for the appointment of new trustees and for the indemnity and reimbursement of trustees, supra, p. 32i, et seq.]. In Witness &c.

(«) If the exception and special trust of the wife's life interests were Wife's life in

not inserted, the trustees would be bound to sell them, and apply the terests should

monies in the same manner as the monies produced by sale of the other ^ ""direction

property. But this cannot, of course, be the intention of the parties. for sale in an

It may be fitting to direct, that the jewels, trinkets, &c, shall be settled agreement to

to the wife's separate use. See a precedent of such a settlement, infra. q uiredproperty.

See further, as to covenants to settle after-acquired property, or property not specifically comprised in the settlement, ante, Vol. 1, Art. Settlements.

VII.

OP PERSONALTY FOR HUSBAND, WIPE, CHILDREN, AND REMOTER ISSUE.

Parties.

Recital of the intended wife being entitled to a share of a sum raisable under the trusts of a term.

MARRIAGE SETTLEMENT of a Share of a Sum raisable under the Trusts of a Term, and of another Sum secured by a Bond, and of a Sum for the Payment of which the Father of the intended Husband covenants. An Annuity to be paid during the Joint Lives of the Husband and Wife to the Wife for her Separate Use, and the residue of the Income to the Husband, and the whole to the SurVivor for Life. After the Death of the SurVivor, the Funds to be in trust for the ChilDren And Remoter Issue as the Husband and Wife or Survivor Appoint, and in Default, for the Children Equally. Usual Clauses. General Powers for the Husband and Wife, if there be but One Child, to appoint certain Parts of their respective Fortunes. Power to Trustees to Apportion the different Funds, if they shall have been blended. Dower Clause. Legitim Clause.

THIS INDENTURE, made &c, Between A. B. of &c, [intended husband], of the first part; C. D., of &c, [intended wife], of the second part; E. F., of &c, [the father of the intended husband], of the third part; and G. H., of &c, and I. K., of &c., [trustees], of the fourth part: Whereas, under and by virtue of an indenture bearing date the day of , and made, or expressed to be made, between [parties], (being the settlement made previously to and in contemplation of a marriage then intended, and shortly afterwards had and solemnized, between the said and ), the said C. D. is entitled to

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