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her life, But In Case the said A. B. shall die, leaving Forchasea child or children of the said intended marriage him REAL ESTATE surviving, do and shall pay the said interest, dividends, C0NVEYEDIN

°' r J TRUST FOR

and annual proceeds to, or permit the same to be received Sale By Same

by, the said C, D. and her assigns for her life or until DEED"

she shall again marry; And From And After the de- —and for her

Pi i -ic ii ir li widowhood only

termination oi the trust hereinbefore declared tor the be- if there be a

nefit of the said C. D., whether such determination shall surviving child,

happen by her death or by her second marriage, do and mination 0f"

shall stand and be possessed of and interested in all and preceding

. , . /. i . trusts, in trust

singular the said trust monies, stocks, funds, and securi- for children, as ties, and the interest, dividends, and annual produce thereof, 1^tt,^shaU In Trust for all and every or such one or more exclusively of the other or others of the children of the said intended marriage, at such age, day, or time, or respective ages, days, or times, if more than one, in such parts, shares, and proportions, and with such annual sum or sums of money and future or executory or other trusts over, such annual sum or sums of money and future or executory or other trusts over being for the benefit of some or one of the said children, and with such provision for their respective maintenance and education or advancement, and upon such conditions, with such restrictions, and in such manner as the said A. B. shall from time to time, by any deed or deeds, instrument or instruments in writing, with or without power of revocation and new appointment, to be by him sealed and delivered in the presence of and attested by two or more credible witnesses, or by his last will and testament, or any codicil or codicils thereto, direct or appoint; And In —in default of Default of any such direction or appointment, and so f<frPthe'ch1 "dren far as no such direction or appointment shall extend, In equally. Trust &c. [/or all the children equally, supra, p. 318. Usual clauses. Hotchpot clause, supra, p. 319, referring, however, only to a single power.Advancement, maintenance, and accumulation clauses, altering the two former to suit the nature of C. D.'s interest, see supra, pp. 319—321, and also pp. 371, 378]: Provided Always, and it is hereby Trust, in dedeclared and agreed between and by the parties to these chudren'bepresents, that if there shall be no child of the said in- comingentitled,

, . . . for the husband

tended marriage, who, being a son, shall attain the age of absolutely.

PURCHASEMONEY OP REAL ESTATE CONyKYED IN

TRUST FOR SALE BY SAME DEED.

Rents and profits until sate to go as income of the purchasemoney.

Power of leasing for twentyone years.

twenty-one years, or, being a daughter, shall attain that age or marry (d), then and in such case the said E. F. and G. H., or the survivors or survivor of them, or the executors or administrators of such survivor, shall, from and after the determination of the trust hereinbefore declared for the benefit 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 all and singular the trust monies, stocks, funds, and securities, 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 contained, In Trust for the said A. B., his executors, administrators, and assigns: Provided AlWays, and it is hereby declared and agreed by and between the parties to these presents, that, until the said messuage, piece, or parcel of land and other hereditaments and premises hereby released, or expressed and intended so to be, shall be so sold as aforesaid, the said E. F. and G. H., their heirs and assigns, shall stand and be seised of the said messuage, piece, or parcel of land, hereditaments and premises, or the unsold part thereof, for the time being, Upon Trust that the said E. F. and G. H., and the survivor of them, and the heirs of such survivor, do and shall pay and apply the rents, issues, and profits of the same (after payment thereout of all rates, taxes, repairs, and other necessary outgoings) to the person or persons, upon and for the trusts, intents and purposes, and in the manner to, upon, for, and in which the interest, dividends, and annual produce of the money to arise by a sale thereof, or of the stocks, funds, and securities in or upon which the same is hereinbefore directed to be invested would be payable and applicable in case a sale thereof had been made, and the money arising from such sale had been invested as aforesaid: Provided Also, and it is hereby agreed and declared between and by the parties to these presents, that in the meantime and until the said messuage, piece or parcel of land and other heredi

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taments and premises shall be sold in pursuance of the trust Pdrchasehereinbefore contained, it shall be lawful for the said A. B. RE°^EsTArE and C. D., as and when and by virtue of the trusts herein- Conveyed In before contained, they shall successively and respectively be SALE BY Same in the actual possession of or entitled to the receipt of the DK, Drents, issues, and profits of the said hereditaments and premises, or of the unsold part thereof for the time being, during the continuance of either of the same trusts, and also to and for the said E. F. and G. H. and the survivors of them, and the executors or administrators of such survivor, from time to time and at all times after the determination of the aforesaid trusts for the benefit of the said A. B. and C. D., and in the meantime and until the said premises shall be sold, by any indenture or indentures, to be by him, her, or them sealed and delivered in the presence of two or more credible witnesses, to limit or appoint, by way of demise or lease, or in case of the said E. F. and G. H. or the survivor of them executing this power, to demise or lease all or any part or parts of the said hereditaments and premises to any person or persons for any term &c. [usual power of leas- TrusteeclauseB. ing for twenty-one years, supra, p. 351.—Trustees' receipt clause, supra, p. 352.Clauses for the appointment of new trustees and the indemnity and reimbursement of trustees, supra, pp. 324, 328]. In Witness &c.

IN EXCLUSION OF AN ELDEST OR ONLY SON OR ELDEST DAUGHTER ENTITLED TO SETTLED REAL ESTATE.

SETTLEMENT of Personalty {subject to the
Life Interests of the Husband and Wife), In
Trust for all the Children Except the

ELDEST Or ONLY SON, Or the ELDEST DAUGH-
TER, becoming entitled to settled real Estate{a).
Survivorship Clause. Disposition, if only
One Child of the Marriage, in favour of such
One Child. Trust for Payment of an An-
Nuity by way of Pin-money to the Wife
during her Husband's Life. Power to lay out
Monies in the Purchase of Lands to be held
as Personal Estate.

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; and E. F., of &c.; and G. H., of &c, [trustees], of the third part: [Recital that the wife is entitled to a sum of stock; that the marriage has been agreed upon; that, the stock was agreed to be transferred to the trustees on the trusts of this settlement; and that Witnessed, de- it has been transferred; supra, pp. 309, 310]. NOW THIS INDENTURE WITNESSETH, that &c.: [Declaration of trust for the wife till marriage; after marriage to permit the varying of securities, supra, p. 311]: And It Is Hereby agreed and declared between and by the parties to

Parties.

claration of trusts

Who are entitled under a gift to younger children.

(a) The question who are entitled under a gift to " younger children," and under similar gifts, is discussed at considerable length, 2 Powell on Devises, by Jarman, pp. 333 et seq. Many of the points decided in the cases there referred to cannot arise on formal trusts in marriage settlements; but questions as to the period at which the children entitled are to be ascertained, and as to the effect of clauses of survivorship and accruer have frequently arisen. (See Spencer v. Spencer, 8 Sim. 87 ; Peacock v.

Pares, 2 Kee. 689, and the cases there cited).

these presents, that the said E. F. and G. H., their executors, Exclusion administrators, and assigns, shall stand possessed of and in- 0n Only Son terested in the said trust monies, stocks, funds, and secu- OR ELDEST

'DAUGHTER EN

rities, and the interest, dividends, and annual produce Titled To

thereof, upon trust, that the said E. F. and G. H., and the ""s^t"*1,

survivor of them, and the executors or administrators of

such survivor, do and shall, &c, [during the joint lives of

the husband and wife pay an annuity to the wife for her

separate use, and the residue of the income to the husband,

and pay the whole income to the survivor for life. See supra,

pp. 396, 397]: And after the death of the survivor of them After the death

the said A. B. and C. D., do and shall stand and be pos- °f ll'e s?n;iv°r

r the funds to be

sessed of and interested in the said trust monies, stocks, in trust for the funds, and securities, and the interest, dividends, and an- an eldest or°ept nual produce thereof, In Trust for all and every, or such only son. or an one or more exclusively of the others or other of the children foMh^time of the said A. B. by the said C. D., (other than an eldest bein8 fn}Me*

J . . to settled real

or only son or an eldest daughter for the time being en- estate, as the titled to the first estate in tail in the estates of the said huf»b*nd,ha"l,

wire or the snr

A. B. in the parishes of and , in the county of vivor appoint.

, under the limitations of an indenture bearing even

date herewith, and made or expressed to be made between [parties],) with such provision for their respective maintenance and education &c, [as the husband and wife, or the survivor, shall appoint, supra, p. 317]: And In Default of Trusts in de

, j. . . r -j j r fault of appoint

any such direction or appointment as aforesaid, and so iar ment. rr

as no such direction or appointment shall extend, do and 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, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter expressed, declared, and contained of and concerning the same, (that is to say) (b), If There Shall Be —if one such

(4) The following trusts in default of appointment are used instead of Ancient trusts

the simpler form, (supra, p. 318), whenever the child who shall become and clause of

. , . , , . , , , . _ . . , . survivorship

entitled to the real estate is to be excluded, formerly, indeed, these and accruer to

trusts, with the clause of survivorship and accruer, were employed on all be employed vOL. iv. G G

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