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ALTY FOR HUS-
BAND, WIFE,

AND REMOTER

OF PERSON. AND IT IS HEREBY agreed and declared between and by the

· parties to these presents, that the said G. H. and I. K., CHILDREN, their executors, administrators, and assigns, shall, from and

issue. after the solemnization of the said intended marriage, stand Declaration of and be possessed of and interested in the said several sums trusts of all the of £— and £- , and the stocks, funds, or securities in funds and the income thereof. or upon which the same are or shall be laid out or invested,

and the interest, dividends, and annual produce thereof respectively, (including the interest which shall arise for the said sum of £— until the same shall be paid), upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and de

clarations hereinafter declared, expressed, and contained of In trust during or concerning the same, (that is to say) UPON Trust that the joint lives u

d they the said G. H. and I. K., and the survivor of them, wife out of the and the executors or administrators of such survivor, do income to pay an annuity to and shall, during the joint lives of the said A. B. and C. D., the wife for her by and out of the interest, dividends, and annual produce of separate use, with restriction the said trust monies, stocks, funds, and securities, levy and on anticipation. raise the clear yearly sum of £- , and pay and apply the

same by equal half-yearly payments, without any deduction or abatement whatsoever, to such person or persons and for such intents and purposes as the said C. D. shall from time

of husband and

security of the said covenant, (or “ bond"] during the life of the said (covenantorwife &c., as may be determined], or during any less period, And that the said G. H. and I. K., their executors or administrators, or any of them, shall not be answerable for any loss which may be occa

sioned thereby.” Cases as to Many cases have occurred in bankruptcy on covenants and bonds of proving in

this nature when given by the husband, and especially when framed so bankruptcy debts secured

that the money is only payable on notice; the question being as to the to the trustees right of the trustees to prove the debt. See Ex parte Mare, 8 Ves. 335; of marriage

Ex parte Campbell, 16 Ves. 244; Hill v. Cock, 1 Rose, 323 ; S. C. 1 Ves. settlements by bond or cove

& B. 176; Ex parte Elder, 2 Madd. 282; Ex parte Dicken, Buck, 115; Ex parte Brenchley, 2 G. & J. 174 ; decided before the stat. 6 Geo. 4, c. 16, (see sect. 56); and Ex parte Turpin, Mont. 443; S. C. 1 Dea. & Chit. 120; Ex parte Shute, Mont. & Bligh, 385; S. C. 3 Dea. & Chit. 1; Ex parte Hooper, 3 Dea. & Chit. 655 ; decided since the statute, See, too, supra, p. 367, n. (a).

nant.

ALTY FOR HUS-
BAND, WIFE,

AND REMOTER

to time, notwithstanding her coverture, by any writing or of personwritings under her hand and seal, direct or appoint, And in * default of and until such direction or appointment, and so CHILDREN, far as no such direction or appointment shall extend, into ***ISSUE. her own hands for her sole and separate use and benefit independently and exclusively of the said A. B., and without being in anywise subject to his debts, control, interference, or engagements, but so nevertheless that the said C. D. shall not have power to deprive herself of the benefit thereof by any direction, appointment, or other disposition thereof, by sale, mortgage, charge, or otherwise in the way of anticipation, And the receipts of the said C. D., or of her appointees, notwithstanding her coverture, to be, from time to time, sufficient discharges for the same, and the first half-yearly payment of the said yearly sum of £— to be made at the end of six calendar months next after the solemnization of the said intended marriage (g); AND DO AND SHALL pay the residue of the --and to pay

tut the residue of interest, dividends, and annual produce of the said trust th monies, stocks, funds, and securities to, or permit the same her husband. to be received by, the said A. B. and his assigns; AND —and after the

death of either FROM AND AFTER the death of such one of them the said he A. B. and C. D. as shall first die, do and shall pay the in- to pay the interest, dividends, and annual produce of the said trust mo- vivor for life. nies, stocks, funds, and securities to, or permit the same to be received by, the survivor of them the said A. B. and C.D., and his or her assigns, during his or her life; AND FROM -and after the

death of the AND AFTER the death of the survivor of them the said s A. B. and C. D., do and shall stand and be possessed of hold the trust

funds and inand interested in all and singular the said trust monies, come; stocks, funds, and securities, and the interest, dividends, and annual produce thereof, IN TRUST for all and every, or --in trust for such one or more, exclusively of the other or others of the the chi

and issue of the issue of the said A. B. and C. D., whether a child or re- marriage, as the

ndant husband and moter descendant or descendants, (such remoter descendant

" wife shall apor descendants being born during the lives of the said A. B. point;

ome to

husband

come to the sur

vivor, to

dren

(g) As to framing trusts for the separate use of married women, see supra, p. 316, n. (g); and see infra, Precedent VIII.

ALTY FOR HUS

AND REMOTER

ISSUE.

of person, and C. D., or the life of the survivor of them (e)), at such BAND, wipe, age, day, or time, or respective ages, days, or times, and if CHILDREN, more than one, in such parts, shares, and proportions, and

with such annual sum of money, and future or executory or other trusts, such annual sums of money and future or executory or other trusts being for the benefit of some or one of such child or children or remoter descendant or descendants as aforesaid, with such provision for the maintenance and education or the advancement or preferment in the world of any such child or children or remoter descendant or descendants, either at the discretion of the said trustees or trustee for the time being, or of any other person or persons to be named or appointed in that behalf or otherwise, and upon such conditions, with such restrictions, and in such manner as the said A. B. and C. D. shall, during their joint lives, by any deed or deeds, or instrument or instruments in writing, with or without power of revocation and new appointment, to be sealed and delivered by them in

the presence of, and to be attested by, two or more credible -or as the sure witnesses, jointly direct or appoint; AND IN DEFAULT of vivor shall ap

such joint direction or appointment, and so far as no such point;

direction or appointment shall extend, then as the survivor

Validity and (e) A power to appoint to children does not embrace grandchildren or extent of pow. remoter descendants; (2 Sugd. on Powers, 273; Hewitt v. Lord Dacre, ers in marriage settlements to 2 Kee. 622. See too supra, p. 318, n. (i)); but there is no objection to appoint to including grandchildren or remoter descendants within the power. (Routgrandchildren

ledge v. Dorril, 2 Ves. jun. 357). No appointment can, however, be

oder Darm . V ium and remoter descendants.

made, except within the limits allowed by the law as to perpetuities, and with a view to this the appointment must be considered as contained in the settlement itself; and therefore it is better, in the creation of the power, to confine its exercise within the legal limits. (1 Sugd. Pow. chap. vii. sect. 1; Routledge v. Dorril, 2 Ves. jun. 357; Church v. Kemble, 5 Sim. 525; Sadler v. Pratt, Id. 632. See too

1 Sugd. Pow. 181; Id. ii. 70). As to the general law relating to perTrusts in mar- petuities, see 1 Pow. Dev. by Jarman, 388 et seq.; Cadell v. Palmer, riage settle 10 Bing. 140). There is little use in extending the trusts in default of ments, in default of ap

appointment to remoter descendants; and it is extremely objectionable pointment, to do so on account of the great alteration which such an extension renshould not ex. ders' necessary in the language of the subsequent clauses of the settletend to any descendants be

"ment. The power to appoint to remoter descendants provides sufficiently beyond child for the probabilities of the case. See, however, infra, Precedent XIV.

ren.

ALTY FOR HUS-
BAND, WIFE,

ISSUE.

clause.

of them the said A. B. and C. D. shall, by any deed or of Persondeeds, instrument or instruments in writing, with or without power of revocation and new appointment, to be sealed and CHILDREN,

AND REMOTER delivered by him or her in the presence of, and to be at- tested by, two or more credible witnesses, or by his or her last will or testament in writing, or any codicil or codicils thereto, or any writing or writings in the nature of or purporting to be a will or codicil, direct or appoint; AND IN -and in de

for fault of any arDEFAULT of any such direction or appointment, and so far

pointment, for as no such direction or appointment shall extend, in trust the children of

the marriage, for all and every the children and child of the said A. B. by who the said C. D., who, being a son or sons, shall attain the sons, attain

twenty-one, age of twenty-one years, or, being a daughter or daughters, and, being shall attain that age or marry, to be divided between or daughters, at

tain twenty-one among such children, if more than one, in equal shares; and or marry, in

+ equal shares. if there shall be but one such child, the whole to be in trust equ for such one child: Provided always, and it is hereby Hotchpot agreed and declared between and by the parties to these cl presents, that no child who or whose issue shall take any part of the said trust monies, stocks, funds, or securities, under or by virtue of any direction or appointment to be made by the said A. B. and C. D. jointly, or by the survivor of them, in pursuance of either of the powers hereinbefore in that behalf contained, shall have or be entitled to any further or other share of or in that part of the said trust monies, stocks, funds, and securities of which no such direction or appointment shall have been made, without bringing the share or shares appointed to him or her, or to his or her issue, into hotchpot, and accounting for the same accordingly (f): [Advancement, Maintenance, and Accu- Advancement,

a maintenance, mulation clauses, see supra, pp. 319–321]: PROVIDED AL

A and accumula. WAYS, and it is hereby agreed and declared between and by tion clauses. the parties to these presents, that if there shall be no child Trusts of the

wife's funds, in of the said A. B. and C. D., who, being a son, shall attain the default or failage of twenty-one years, or, being a daughter, shall attain use of an

the marriage, entitled thereto;

ne of

(f) The hotchpot clause is, it will be seen, slightly altered in the present case to meet the extension to remoter descendants of the power of appointment. See supra, p. 319, n. (p).

BAND, WIFE,

AND REMOTER

ISSUE.

for her abso

OF PERSON- that age or marry(g), then and in such case the said G. H. ALTY FOR HUS

and I. K., their executors, administrators, and assigns, shall, CHILDREN, from and after the death of the said A. B., and such default

or failure of children of the said intended marriage as aforesaid, which shall last happen, stand and be possessed of and interested in the said several sums of £— and £4, [the sums assigned by the wife], and the stocks, funds, and securities in or upon which the same shall be so laid out or invested, and the interest, dividends, and annual produce thereof, or such part or parts thereof respectively as shall not have become vested or been applied under any of the

trusts or powers herein declared or contained (h), upon the —if she survive trusts following, (that is to say), IF THE SAID C. D. shall her husband,

outlive the said A. B., then in trust for the said C. D., her lutely;

executors, administrators, or assigns; BUT IF THE SAID C. D. --but if she die shall die in the lifetime of the said A. B., then in trust for such in his lifetime, as she shall ap- person or persons, and for such intents and purposes, as the point;

said C. D., notwithstanding her coverture, shall, by her last will and testament, or any codicil or codicils thereto, or any

writing or writings in the nature of or purporting to be a --and in de will or codicil, direct or appoint; AND IN DEFAULT of such ment, for the

direction or appointment, and so far as no such direction or husband. appointment shall extend, in trust for the said A. B., his Trusts of the executors, administrators, or assigns: AND IT IS HEREBY husband's

agreed and declared, between and by the parties to these fault or failure presents, that if there shall be no child of the said A. B. by marriage, enti me saia U.D., ,

the said C. D., who, being a son, shall attain the age of tled thereto. twenty-one years, or, being a daughter, shall attain that age

or marry (i), then and in such case the said G. H. and I. K., their executors, administrators, and assigns, shall, from and after the death of the said C. D., and such default or failure of children of the said intended marriage as aforesaid, which shall last happen, stand and be possessed of and interested in the said sum of £— [the sum covenanted to be paid by the husband's father], and the stocks, funds, and securities in or upon which the same shall be laid out or

faul

(9) see supra, p. 322, n. (n). (h) See supra, p. 322, n. (o).

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

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