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OF PERSONAL

TY IN POSSES

SION AND REVERSION, WITH SPECIAL

CLAUSES.

Advancement clause;

-with special provision.

laid out or invested, but, upon the decease of the said C. D., the share which shall have been paid or transferred to any child of the same trust premises shall, in case such child shall elect to take under any appointment or appointments which shall have been made under the powers of appointment hereinbefore contained, or either of them, be refunded and brought into hotchpot, and accounted for accordingly, and shall be applied in all respects as the same would have been applicable in case such child had not attained the said age, or, being a daughter, married as aforesaid, in the lifetime of the said C. D.: PROVIDED ALWAYS, and it is hereby further 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 and survivor of them, and the executors or administrators of such survivor, at any time or times after the decease of the survivor of them the said A. B. and C. D., or in the lifetime of them or of the survivor of them, in case they, he, or she shall so direct, by any writing or writings under their, his, or her hands or hand, to levy and raise any part or parts of the then expectant or presumptive or then vested share or shares of any child or children of the said intended marriage under the trusts hereinbefore declared, not exceeding in the whole, for any one such child, one moiety or equal half part of his or her then expectant or presumptive or then vested share, and to pay and apply the same for or towards his, her, or their preferment or advancement or benefit respectively, in such manner as the said E. F., G. H., and I. K., or the survivors or survivor of them, or the executors or administrators of such survivor, shall in their or his discretion. think fit; but so that in the event of no child of the said intended marriage attaining a vested interest in the said trust monies, stocks, funds, and securities under the trusts hereinbefore declared, and of all such trust monies, stocks, funds, and securities not becoming vested under the trusts hereinafter declared in the same person or persons, the amount which shall have been advanced under the present provision shall be ultimately apportioned among the several

funds of which the said trust monies, stocks, funds, and securities are made up, according to the respective values of such funds (k): AND IT IS HEREBY AGREED and declared between and by the parties to these presents, that, from and after the decease of the survivor of them the said A. B. and

OF PERSONAL

TY IN POSSES-
SION AND
REVERSION,

WITH SPECIAL
CLAUSES.

Maintenance

clause, (special).

C. D., as to all and singular the said trust monies, stocks, funds, and securities, and in the event of the said C. D. surviving the said A. B., after the decease of the said A. B., and during the life of the said C. D., AS TO THE RESIDUE of the monies to become payable under or by virtue of the said policy of assurance hereinbefore assigned by the said A. B., or expressed and intended so to be, (after setting apart the said sum of £—, part thereof), and the stocks, funds, or securities in or upon which such residue shall be laid out or invested, the said E. F., G. H., and I. K., and the survivors and survivor of them, and the executors or administrators of such survivor, do and shall, at their or his discretion, pay or apply the whole or such part as the said E. F., G. H., and I. K., or the survivors or survivor of them, or the executors or administrators of such survivor, shall from time to time think fit, of the interest, dividends, and annual produce of the share or respective shares to which any child or children of the said intended marriage shall or may for the time being be entitled in expectancy under the trusts herein before declared, for or towards the maintenance and education of such child or children respectively, in the meantime, and until such his, her, or their share or shares shall become vested or payable (1): AND DO AND SHALL, Accumulation during such suspense of absolute vesting as aforesaid, accumulate all the surplus or residue, if any, of the interest, dividends, and annual produce of each such last-mentioned expectant share, by investing the same, and all the resulting income and produce thereof, &c.: [Accumulation clause supra, p. 321]: PROVIDED ALWAYS, and it is hereby agreed Trusts in de

(k) As to the object of the advancement clause, see supra, p. 320,

n. (1).

() As to the object of the maintenance and accumulation clauses, see supra, p. 321, n. (m).

clause.

TY IN POSSES

SION AND REVERSION, WITH SPECIAL

CLAUSES.

fault of children becoming entitled.

As to the wife's

OF PERSONAL and declared between and by the parties to these presents, that if there shall be no child of the said A. B. by the said C. D., who, being a son, shall attain the age of twenty-one years, or, being a daughter, shall attain that age or marry with such consent as aforesaid (m), then and in such case the said E. F., G. H., and I. K., their executors, administrators, and assigns, shall, subject and without prejudice to the trusts herein before declared, stand and be possessed of and interested in all and singular the said trust monies, stocks, funds, and securities, and the interest, dividends, and annual produce thereof, upon and for the trusts, intents, and purposes hereinafter declared and expressed of and concerning the same respectively, (that is to say), As TO, FOR, AND CONCERNING the said fourth part or share, and all and singular other the premises hereinbefore assigned by the said C. D., or expressed and intended so to be, and the monies to arise and be produced by the calling in or conversion into money of the same, and the stocks, funds, or securities in or upon which such monies shall have been laid out or invested, and the said sum of £—, [the money paid by the wife's father], and the stocks, funds, or securities in or upon which the same shall have been laid out or invested, and such a share of the monies produced by the sale of the said messuage or tenement, land and premises, and fixtures, as shall bear a proportion to the whole of such monies as the said sum of £

property, and

the money paid

by her father,
and a propor-
tionate part of
the monies to
be produced by
a sale of the
leasehold
house;

SO

as aforesaid paid by the said B. D., bears to the said sum of £, and the stocks, funds, or securities in or upon which such share of such proceeds of sale shall have been laid out or invested, and the interest, dividends, and annual produce of all the same trust premises respectively, or such part or parts thereof respectively as shall not have become vested or been applied under any of the trusts or powers hereinbefore declared and contained, upon the trusts following, (that is to say), [In trust for the wife ab

(m) See supra, p. 322, n. (n). In this case daughters were not to become entitled to a share on marriage unless they married with the consent of their parents or guardians.

TY IN POSSES-
SION AND
REVERSION,
WITH SPECIAL
CLAUSES.

And as to the

funds;

solutely, if she survive the husband, but if she die in his oF PERSONALlifetime, as she shall by will appoint, and, in default of appointment, for the husband absolutely, supra, p, 322]: AND as to, for, and CONCERNING the said policy of assurance, sums and sum of money, and all and singular other the premises hereinbefore assigned by the said A. B., or ex- residue of the pressed and intended so to be, and the stocks, funds, or securities in or upon which such sums or sum of money shall be laid out or invested, and such share of the monies produced by the sale of the said messuage or tenement, land, and premises and fixtures, as shall bear such a proportion to the whole of such monies as the said sum of £. -, so as aforesaid paid by the said A. B., bears to the said sum of £so as aforesaid paid as the purchase-money of the said premises and fixtures, and the stocks, funds, or securities in or upon which such share of such proceeds of sale shall have been laid out or invested, and the said sum of £ secured by the said covenant of the said A. B., and the stocks, funds, or securities in or upon which the same shall have been laid out or invested, and the interest, dividends, and annual produce of all the same trust premises respectively, 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, upon the trusts following, (that is to say), IF THE SAID A. B. shall survive the said C. D., In trust for the said A. B., his executors, adminis- he trators, and assigns; BUT IF THE SAID A. B. shall die in the lifetime of the said C. D., then in trust for such person or persons, and for such intents and purposes, as the said A. B. shall, by his last will and testament in writing, or any codicil or codicils thereto, direct or appoint; AND IN DEFAULT of such direction or appointment, and so far as no such direction or appointment shall extend, in trust for the said C. D., her executors, administrators, and assigns: AND IT IS HEREBY AGREED, &c. [the rents and profits of the leasehold messuage and fixtures, until sold, to go as income of the purchase-money, supra, p. 366, and infra, p. 432]: PROVIDED ALWAYS, that it shall be lawful for the said E. F., G. H., and I. K., and the survivors and survivor

[blocks in formation]

in trust for

the husband if

survive his wife;

in his wife's lifetime, as he shall by will or

-but if he die

codicil appoint; and in default

of appointment, to the wife.

Rents of leaseincome of purchase-money. But the wife to

hold to go as

Occupy the leasehold as her

TY IN POSSES

SION AND

REVERSION, WITH SPECIAL

CLAUSES.

separate property as long as she pleases. Power for the

wife, if she sur

vive the hus

band, to appoint

-if there be

but one child of the first mar

OF PERSONAL of them, and the executors or administrators of such survivor, and they and he are and is hereby required to allow the said C. D. to occupy, use, and enjoy the said messuage or tenement, and fixtures, as her own sole and separate property, when and so long as she shall think proper so to do: PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that if the said A. B. shall die in the lifetime of the said C. D., it shall be lawful for the said C. D., at any to a second hus- time or times after the decease of the said A. B., and wheband; ther she shall be married or single, by any deed or deeds, instrument or instruments in writing, with or without power of revocation and new appointment, to be by her sealed and delivered in the presence of, and to be attested by, two or more credible witnesses, or by her last will and 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, to direct or appoint, THAT IF THERE SHALL NOT be more than one child of the said intended marriage, riage, the whole who, being a son, shall live to attain the age of twenty-one years, or, being a daughter, shall attain that age or marry with such consent as aforesaid, then the interest, dividends, and annual produce of all or any part or parts of the said fourth part or share, and of all and singular other the premises hereinbefore assigned by the said C. D., or expressed and intended so to be, and the monies to arise and be procured by the calling in or conversion into money of the same, and the stocks, funds, and securities in or upon which the same shall have been laid out or invested, and of the said sum of £, and the stocks, funds, or securities in or upon which the same shall have been laid out or invested, and of such a share of the monies produced by the sale of the said messuage or tenement, land, and premises and fixtures, as shall bear such a proportion to the whole of such monies as the said sum of £—, so as aforesaid paid by the said B. D., bears to the said sum of £, and the stocks, funds, or securities in or upon which such part of such proceeds of sale shall have been laid out or invested; AND IF THERE SHALL be two such

income of her share of the trust funds;

-if there be

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