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securing payment of the same (d), and to appoint any attorney or attornies, substitute or substitutes, with all or any of the powers or authorities so to be vested in them or him respectively, and to revoke, alter, or vary such appointment at pleasure, and generally to act in and about the cultivation and management of the said plantations or estates and premises, or the unsold part or parts thereof for the time being, as if he or they were absolute owners thereof at law and in equity, AND to join and concur with the other person or persons competent in that behalf, with respect to the other part or share, parts or shares, of or in the said plantations or estates, hereditaments and premises, in making, doing, or executing all or any of the acts, matters, or things herein before mentioned or referred to: AND IT IS HEREBY FURTHER AGREED and declared, that in the deed or deeds to be executed for the purposes aforesaid there shall be contained proper clauses, declarations, and agreements for enabling the said E. F. and G. H. and the survivor of them, and the executors or administrators of such survivor, to execute and perform the several trusts to be in them respectively reposed, and for the appointment of new trustees by the said A. B. and C. D., or the survivor of them, or the executors or administrators of such survivor, in the room or stead of any of the trustees dying or being abroad more than twelve calendar months at one time, or refusing, declining,

(d) When power is given to trustees to raise money by mortgage, in certain specified cases, the receipt clause should expressly extend to mortgagees, and should declare it not to be incumbent on them to see that the cases in which money may be raised have happened. Or the following clause may be introduced in the text:

ARTICLES

ON MARRIAGE
OF FEMALE

INFANT.

The deed of assignment to

contain all proper and necessary clauses.

As to the protection to be given to mortgagees lending money, to trustees with a

power to mort

"And to give effectual receipts and discharges for the mo- gage.
ney advanced by any mortgagee or mortgagees, and to do
all such other acts as may be necessary or expedient for the
purpose of effectuating any such mortgage or mortgages;
and no mortgagee advancing money upon any mortgage
purporting to be made under this power, shall be bound to
see that such money is wanted, or that no more than is
wanted is raised."

ARTICLES

ON MARRIAGE

OF FEMALE

INFANT.

Trusts of the purchase-monies of the

wife's land, and

of the monies

secured by the

husband's covenant;

-for invest

ment and vary ing securities;

or becoming incapable to act in, or desiring to be discharged from, the trusts reposed in him or them respectively, and for the indemnity of the said trustees, and for authorizing and empowering them to deduct and retain the costs and expenses to be incurred by them in the execution of the trusts so to be reposed in them, and also all such further and other clauses, declarations, powers, provisoes, and agreements, as the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, or their or his counsel in the law in that behalf, shall think proper and reasonable, or as are usual in like cases: AND IT IS HEREBY AGREED and declared between and by the parties to these presents, that the said E. F. and G. H., their executors, administrators, and assigns, shall stand and be possessed of and interested in the said part or share, parts or shares, herein before agreed to be assigned of and in the net monies to arise from the sale or sales, or by the said will directed or authorized to be made as herein before is mentioned, and of and in the net monies to arise from any sale or sales which may be made by the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, under the power or authority to be vested in them or him for that purpose, as hereinbefore is mentioned, and of and in the said sum of £ secured or intended to be secured by the said covenant herein before entered into by the said A. B., upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter expressed or declared of and concerning the same respectively, (that is to say), UPON TRUST, that they the said E. F. and G. H., and the survivor of them, and the executors and administrators of such survivor, do and shall receive the said part or share, parts or shares, herein before agreed to be assigned, of and in the net monies to arise from such sale or sales under the said will as aforesaid, and the net monies which may arise from any sale or sales to be made by them or him under the power or authority to be vested in them or him for that purpose, as hereinbefore is mentioned, and also the said sum of £, secured by the

ARTICLES

ON MARRIAGE
OF FEMALE
INFANT.

and to pay

the income to

the husband for life, or until bankruptcy, insolvency, &c.;

and if preceding trust de

termine during the joint lives

of the husband

and wife, then to pay the inthe joint lives

come during

said covenant when and as the same respectively shall become payable, and do and shall with the consent &c. [usual power to invest and vary &c., supra, p. 312]; AND DO AND SHALL from time to time pay the interest, dividends, and annual produce of all and singular the said trust monies, stocks, funds, and securities to, or permit the same to be received by, the said A. B. and his assigns during his life, and until the said A. B. shall be found and declared bankrupt, or be outlawed, or make or enter into any composition with his creditors, or shall accept the benefit of any act of Parliament for the relief of insolvent debtors, or shall assign, charge, or incumber the said interest, dividends, and annual proceeds, or any part thereof (e); AND from and after the determination of the trust hereinbefore declared for the benefit of the said A. B., in case the same shall happen during the joint lives of the said A. B. and C. D., do and shall thenceforth, during the joint lives of the said A. B. and C. D., pay and apply the interest, dividends, and annual produce of the said trust monies, stocks, funds, and securities, [to the separate use of C. D., without power of anticipation, supra, p. 315]; AND FROM AND AFTER the and after the decease of the said A. B., whether the aforesaid trust for his benefit shall have determined or not, do and shall, during the life of the said C. D., pay the interest, dividends, and annual produce of the said trust monies, stocks, funds, and securities to, or permit the same to be received by, her the said C. D. and her assigns during her life; AND FROM AND AFTER the determination of the trust declared for the benefit of the said A. B. as aforesaid, (whether the same shall happen in his lifetime or not), and the decease of the said C. D., do and shall 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, IN TRUST &c. [usual trusts for children, as in Precedent I., supra, pp. 317, 318.-Hotchpot clause, supra, p. 319.-Advancement clause, supra, p. 377.—Maintenance

(e) With respect to provisions of this nature, see supra, p. 367, n. (a).

to the separate use of the wife;

decease of the husband, to the wife for life;

and, subject

to the preceding trusts, the funds to be for

the children of

the marriage, with trusts over.

ARTICLES

ON MARRIAGE

OF FEMALE
INFANT.

Rents and profits of the estate

until a sale to

go as income of the purchasemoney.

Advancement and mainte

nance clauses.

clause, supra, p. 378 (ƒ).—Accumulation clause, supra, p.
321.-Trusts, in default of children entitled, as to the money
secured by the husband's covenant and the investments of it
in trust for him, subject to the wife's life interest, supra,
p. 400.
"And as to, for, and concerning all other the said
trust monies, stocks, funds, and securities, and the interest,
dividends, and annual produce thereof, upon the trusts fol-
lowing, (that is to say)," usual trusts for the wife and her
appointees or next of kin, subject to the trust for the benefit
of the husband, supra, pp. 379, 380]: PROVIDED ALWAYS,
and it is hereby agreed and declared between and by the par-
ties to these presents, that in the meantime, and until the said
plantations or estates, hereditaments, and premises, by the
said will directed or authorized to be sold as aforesaid, shall
be sold accordingly, or the part or share, parts or shares,
in or to which the said C. D., her executors or administra-
tors, or the said A. B. in her right, shall or may, or if these
presents or any assignment in pursuance of the agreement
herein before in that behalf had not been executed, would
or might for the time being be interested or beneficially
entitled under the said will, shall be sold under the power
or authority to be vested in the said E. F. and G. H., and
the survivor of them, and the executors or administrators of
such survivor, as hereinbefore is mentioned, the clear rents,
issues, produce, and profits of such part or parts, share or
shares, of the said plantations or estates, hereditaments, and
premises, or of the unsold part or parts thereof for the time
being, (after keeping down any interest or other annual
charge or charges which may be payable thereout, and also
after paying thereout a proportionate share of the expenses
of managing and cultivating the said plantations or estates

(f) As the husband's determinable life estate is, in this precedent, the first life estate, instead of taking effect only if he survive the wife, the advancement and maintenance clauses will not be precisely similar in language to those referred to in the text; but there will be no difficulty in making the requisite alterations, as the present case is simpler than that treated in Precedent VI.

ARTICLES

ON MARRIAGE
OF FEMALE

INFANT.

the husband for further assur

ance of the

wife's interest

under the will.

and premises, or of the unsold part thereof for the time being), shall be received by the trustees or trustee for the time being under these presents, and paid and applied in the same manner as the interest of the monies to arise from the sale thereof would for the time being be applicable, under the trusts hereinbefore declared, in case the same were then sold (g); AND THE SAID A. B. doth hereby, for himself, his Covenant by heirs, executors, and administrators, covenant with the said E. F. and G. H., their executors and administrators, by these presents, in manner following, (that is to say), that in case the said intended marriage shall take effect, he the said A. B., his heirs, executors, and administrators, and all and every person or persons having or claiming, or who shall or may have or claim, any estate, right, title, or interest whatsoever, either at law or in equity, of, in, to, or out of the said plantations, estates, hereditaments, and premises, by the said will of the said B. D. directed to be sold as aforesaid, by, from, under, or in trust for him the said A. B., or his heirs, executors, or administrators, shall and will do, make, and execute all such acts, deeds, conveyances, assignments, assurances, and instruments in the law as shall or may be necessary for enabling the executors or administrators of the said B. D., or other the person or persons authorized or intrusted under the said will to make such sale or sales as aforesaid, and to carry into execution the aforesaid trusts or directions declared or contained in the said will for making such sale or sales as aforesaid, or for enabling the aforesaid E. F. and G. H. or the survivor of them, or the executors or administrators of such survivor, to make and carry into effect any sale or sales of the said one third part or share, or other part or share, parts or shares, of or in the said plantations or estates, hereditaments, and premises, or any of them, or any part thereof, under the power or authority so to be vested in them or him in that behalf, as herein before is mentioned: PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that if the said A. B. shall be desirous that the said principal sum of £secured by his covenant hereinbefore con

(g) See other forms of this proviso, supra, pp. 366, 423.

Trustees may allow money to

remain on se

curity of hus

band's cove

nant, if he as

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