OF PERSONAL TY IN POSSES- CLAUSES. two children of the present marriage, two third parts of such income; -and to ap point to the second mar riage; the capital of such trust funds, if there be but one child of the first mar riage; capital, if there be two children of the first marriage; children and no more, then the interest, dividends, and annual produce of any part or parts, not exceeding two-thirds of the same trust monies, stocks, funds, and securities shall be paid after the decease of the said C. D. to any husband whom she may marry after the decease of the said A. B., and who may survive her, for the life of such husband; AND BY THE SAME or any other deed or deeds, or instrument or instruments in writing, with or without power of revocation and new appointment, to be executed and attested as aforesaid, or by her last will and testament in writing, or any codicil children of such 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, 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 all or any part or parts of the same trust monies, stocks, funds, and securities; AND IF THERE SHALL BE two such child--and two third ren, and no more, then any part or parts, not exceeding parts of such two-thirds of the same trust monies, stocks, funds, and securities, (but subject, as to the interest, dividends, and annual produce thereof, or of any part or share or parts or shares thereof respectively, to any such appointment or appointments as may be made by the said C. D. for the benefit of any husband whom she may marry after the decease of the said A. B., in exoneration, as far as the same shall from time to time extend, of the other part or share or parts or shares, (if any), of and in the same trust monies, stocks, funds, and securities), shall be paid, trans--with power to ferred, and assigned, after the decease of the said C. D., to any person or persons, IN TRUST for all and every, or such husband and one or more, exclusively of the other or others of the child or children of the said C. D., by any such after-taken husband or husbands, on or at such age, day, or time, or respective ages, days, or times, and, if more than one, in such shares and proportions, and with such provisions for their respective maintenance and education or advancement, and with such annual sums of money and limitations over, for the benefit of some or one of such last-mentioned children, and settle the same on such second children. TY IN POSSES SION AND REVERSION, WITH SPECIAL CLAUSES. Such powers ed either before or after the event in which they are to take effect be ascer tained. But such ap to take effect as to more than two-third parts of the aforesaid trust funds, till the default has actually happened of there not being more OF PERSONAL- With such trusts and directions as to the investment of trust monies, and the variation of securities, and upon such conditions, with such restrictions, and in such manner and form as she the said C. D. shall think proper, anything hereinbefore contained to the contrary thereof in anywise notwithstanding: PROVIDED ALWAYS, and it is hereby agreed may be exercis- and declared, that any such direction or appointment or directions or appointments as aforesaid may be made or executed by the said C. D. under either of the aforesaid powers enabling her in that behalf, either before or after the event on which the same respectively is or are to take effect shall be ascertained: PROVIDED ALWAYS, and it is hereby further pointments not agreed and declared, that the interest, dividends, and annual produce of no greater share of the same trust monies, stocks, funds, and securities, than two-third parts or shares thereof, shall become or be payable to any such after-taken husband as aforesaid, before such default or failure as aforesaid of there being more than one child of the said intended marthan one child riage, who, being a son, shall live to attain the age of twenty-one years, or, being a daughter, shall live to attain that age or marry with such consent as aforesaid: PROVIDED ALWAYS, that, subject and without prejudice to any direction or appointment or directions or appointments which may be made by the said C. D. in favour of any such after-taken husband as aforesaid, or of any child or children of her the said C. D. by any such after-taken husband or husbands as aforesaid, under or by virtue of the powers hereinbefore in that behalf contained, the trust premises of which any such direction or appointment or directions or appointments shall be made as aforesaid, shall remain and be held upon and for such of the trusts, intents, and purposes, and with, under, and subject to such of the powers, provisoes, agreements, and declarations herein declared, expresssed, and contained of and concerning the same, as shall be subsisting or capable of taking effect (n): Similar powers [Similar power for the husband, if he survives the wife, as to of the first mar riage. Proviso, that, subject to the appointments under the last mentioned powers, the present settlement shall hold good. to the husband. (n) See a power of a similar nature, supra, p. 378, and general powers of appointment as to part of the funds, to take effect if only one child of the marriage become entitled, supra, p. 401. TY IN POSSES- WITH SPECIAL CLAUSES. Trustees to apportion funds. Dower clause. Covenants by the husband to keep up the as surance on his life. his share of the trust funds.-Power for the trustees to di- OF PERSONALvide and apportion the funds, if they have become blended, supra, p. 402.-Dower clause, supra, p. 403.] AND THE SAID A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said E. F., G. H., and I. K., their executors and administrators, that, in case the said intended marriage shall take effect, he the said A. B. shall and will thenceforth from time to time during his life duly and punctually pay or cause to be paid the said annual premium of £, payable upon the said policy of assurance hereinbefore assigned by him, or expressed and intended so to be, on the day when the said premium shall from time to time become due and payable; And also, such other sum or sums of money (if any) as shall or may from time to time become payable, in order to keep the said policy on foot, or in case the same policy shall have become void or voidable, in order to restore the same or the assurance thereby intended to be made to full force, or to effect and keep on foot a new assurance for the like amount in lieu of any policy which shall have become void and cannot be restored; and shall and will deliver the receipt for every such payment to the trustees or trustee for the time being of these presents; and shall not nor will, at anytime hereafter, do or suffer, or cause to be done or suffered, any act or thing whatsoever, whereby or by reason or means whereof the said policy hereby assigned, or expressed and intended so to be, or any assurance to be effected under the covenant in that behalf herein before contained, shall or may be rendered void, or the right of the said E. F., G. H., and I. K., their executors, administrators, or assigns, to receive the monies thereby assured, can or may in anywise be prejudiced, and shall and will, in case the said policy hereby assigned, or expressed and intended so to be, or any assurance to be effected under this present covenant, shall become void or voidable, forthwith restore the same, if practicable, and, if the same cannot be restored, effect a new assurance in lieu thereof in the like amount in the same office, or in some other office to be approved of by the said trustees or trustee for the time being of these presents, and forth TY IN POSSES SION AND REVERSION, WITH SPECIAL CLAUSES. Declaration that if he fail to do so, the trustees may apply the trust income or capital for that purpose. The funds belonging to the husband to be OF PERSONAL- With deliver the new policy to such trustees or trustee: 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., or the survivors or survivor of them, or the executors or administrators of such survivor, to pay or cause to be paid the said annual premiums upon the policy of assurance hereinbefore assigned, or expressed and intended so to be, or upon any new policy in lieu thereof, or any other sum or sums of money which it shall be necessary to pay, in order to keep any such policy on foot, or to restore any policy which may have become void or voidable, or to effect any new policy in lieu of any policy which shall have become void and which cannot be restored, by and out of the dividends, interest, and annual produce of the herein before mentioned trust monies, stocks, funds, and securities, or any part or parts thereof, or, if necessary, by and out of the said trust monies, stocks, funds, and securities, or any part or parts thereof: PROVIDED ALWAYS, that, during the joint lives of the said A. B. and C. D., the interest, dividends, and annual produce of the said sum of £—, if the same shall have been paid by the said A. B., and of the stocks, funds, or securities in or upon which the same shall have been laid out or invested, and the same stocks, funds, or securities shall be primarily applicable for the last-mentioned purposes; PROVIDED ALSO, that if any interest, dividends, or annual produce to which the said A. B. or his assigns would not have been entitled, or any part or parts of the said trust monies, stocks, funds, and securities, shall be applied for the last mentioned purposes, or any of them, the said A. B., his heirs, executors, or administrators, shall be bound forthwith to repay and replace the same respectively; and such application shall not be a dispensation with any breach or breaches of the covenant herein before entered into by the said A. B., and such interest, dividends, or annual produce, or trust monies, stocks, funds, and securities, shall be a charge upon, and the same are hereby expressly henceforth constituted a continuing charge upon all dividends or annual produce, and every share (if any) of the said trust monies, stocks, funds, and securities in or to which the said A. B., his primarily applicable for keeping up the assurance. —and any pay ments out of the other funds to be made good by the husband. all B., TY IN POSSES SION AND REVERSION, WITH SPECIAL CLAUSES. Covenant by the husband to pay the rent and perform the covenants in respect of the leaseholds until sold; but such payments to a cer tain extent to be made good the wife's trust to him out of executors, administrators, or assigns, may at any time there- OF PERSONALafter become interested or entitled (o): AND THE SAID A. B. doth hereby, for himself, his heirs, executors, and administrators, further covenant with the said E. F., G. H., and I. K., their executors, administrators, and assigns, that he the said A. B., his executors or administrators, shall and will, at all times during the continuance of the said term created by the hereinbefore recited indenture of lease, until the said leasehold premises shall have been sold, pay the yearly rents reserved by the same indenture, and perform and observe all and every the covenants and agreements in the said indenture contained, which, on the part of the tenant or lessee, from henceforth, are or ought to be performed and observed; PROVIDED ALWAYS, and it is hereby agreed and declared, that monies which shall be paid or expended by the said A. his executors or administrators, in or about the payment of such rents or the performance of such covenants, except any monies which may be laid out in rebuilding or reinstating the said messuage or tenement in case of fire, shall be repaid to him or them out of the interest, dividends, and annual produce of the stocks, funds, and securities, the interest, dividends, and annual produce whereof are hereinbefore directed to be paid to the said C. D., after the solemnization of the said intended marriage, and that so much of any monies which may be laid out in rebuilding or reinstating the said messuage or tenements in case of fire, as shall not be covered by an insurance, shall be repaid to the said A. B., his executors or administrators, out of the capital of the said sum of £, or the stocks, funds, or securities in or upon which the same shall have been laid out or invested: PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that the trustees or trus (0) See the covenants and provisoes relating to policies of assurance supra, p. 384. They differ slightly from those in the text. See, too, the clause infra, exonerating the trustees from the liability to keep up the assurance. funds. Trustees not to be liable for not keeping up the policies of as surance. |