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OF A WARD OP

CHANCERY

AFTER MARRIAGE.

Upon trust for sale.

Directions as
to the time and
manner of ef-
fecting a sale.

Trusts of the purchase-money to be subsequently declared.

Witnesseth, further, assignment of money owing to the wife on a bond.

tuate at , and so devised to the said [trustees], in

trust as hereinbefore is mentioned, freed and discharged from the said agreement so entered into by the said A. B. before his said marriage, which in pursuance of the aforesaid order in that behalf hath been cancelled: And It Is Hereby Agreed and declared between and by the parties to these presents, that the said E. F., G. H., and I. K., their heirs, executors, administrators, and assigns, respectively, do and shall stand seised and possessed of or otherwise interested in the said hereditaments and premises so covenanted to be conveyed and assigned to them as aforesaid, and every of them, and every part thereof, upon trust that they the said E. F., G. H., and I. K., or the survivors or survivor of them, or the heirs, executors, or administrators, respectively, of such survivor, do and shall, with the consent in writing of the said C. B., during her life, and after her decease at their or his discretion, absolutely sell and dispose of the said hereditaments and premises hereinbefore covenanted to be conveyed and assigned to them, &c, [ordinary trusts for sale, see supra, p. 346]: And It Is Hereby Further Agreed and declared between and by the parties to these presents, that the said trustees or trustee may, at their or his discretion, sell the moiety of the said C. B., immediately after the same shall have been conveyed as aforesaid, or may wait until the said sister of the said C. B. shall attain the age of twenty-one years, and join with her in the sale of the entirety of the said hereditaments and premises, and further that the contingent interest of the said C. B. shall not be sold until the same may have fallen into possession: And It Is Hereby Further Agreed And Declared that the said E. F., G. H., and I. K., their executors, administrators, and assigns, shall stand and be possessed of and interested in the sum or sums of money to arise and be produced by any such sale as aforesaid, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter expressed and declared of and concerning the same. AND THIS INDENTURE ALSO WITNESSETH, that, for the purpose of carrying into complete effect the said order OF A WARD OP

CHANCERY

AFTER MAURI M.F.

in that behalf, and in consideration of the premises, he the said A. B. hath assigned, and by these presents doth assign, unto the said E. F., G. H., and I. K., their executors, administrators, and assigns, All That and those the share and interests, as well vested as contingent, of him the said A. B.

of and in the said sum of £ , so secured by the said bond

of the said as hereinafter is mentioned, And also of and

in all interest henceforth to accrue due for the same (d): And All The Estate, &c, Together With, &c, [Power of attorney, see supra, p. 336]: To Have, Hold, receive, and take the said share, estate, and interest, And all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said E. F., G. H., and I. K., their executors, administrators, and assigns, upon and for the trusts, intents, and purposes hereinafter expressed and declared concerning the same. AND THIS Witnesseth, INDENTURE ALSO WITNESSETH, that, for the JE^' ST" purpose and considerations aforesaid, he the said A. B. husband ,u do

. .all acts neces

doth hereby, for himself, his heirs, executors, and adminis- sary for translators, covenant with the said E. F., G. H., and I. K., their tm^t"fs'the ° executors and administrators, that he the said A. B., his stock belonging executors or administrators, shall and will, at his or their t0 1 e *'e* own costs and charges, when thereunto required, make, do, and execute, or join and concur with the said E. F., G. H., and I. K., their executors or administrators, or the said C. B., or any other person or persons, in making, doing, and executing, all such acts, matters, and things, either by application to the Court of Chancery or otherwise, as shall be requisite or necessary for obtaining or procuring the residue of the share and interest of the said C. B. of and in the said sum of £ , —l. per cent. Annuities, subject to the payment of the said costs, charges, and expenses, and £ ,

like annuities, to be transferred to and vested in the said

E. F., G. H., and I. K., or the survivors or survivor of them,

or the executors or administrators of such survivor: And It Trusts of the

is Hereby Agreed and declared that the said E. F., G. H., nTe^of^hTreal

(d) The husband can assign this interest by virtue of his marital right in the wife.s property.

estate, of the money on bond, and of the

Of A Ward op and I. K., their executors, administrators, or assigns, do After and shall stand possessed of and interested in as well the Mak»kor. share of the said C. B. in the last-mentioned stccks or funds, and the dividends thereof, as all and every the monies to arise from the sale of the said messuage, hereditaments, stock. an(j premises hereinbefore directed to be sold, and the

monies to be received in respect of the shares of the said

C. B. in the said sum of £ , hereinbefore assigned as

aforesaid, shall be invested, in pursuance of the aforesaid directions in that behalf, and upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter expressed and declared of and concerning the same, (that is In the first to say), Upon Trust, that they the said E. F., G. H.,

gro'sVurn to * an(^ k and the survivors and survivor of them, and the the wife for her executors or administrators of such survivor, do and shall, separate use, from an(j immediately after the execution of these presents, or so soon afterwards as conveniently can be, by sale or transfer of a competent part thereof, cause or procure to be

levied and raised the sum of £ , and cause the same to

be paid to such person or persons and in such manner as the said C. B. shall by any writing order or direct, and in default of any such direction, into the proper hands of the said C. B., for her separate use, and the receipt of her or her appointee or appointees for the same to be a —and invest sufficient discharge(e); And, Subject As Aforesaid, do the usual'man- and shall call in and convert into money all such of the ner, with power premises as shall not consist of money, or of such stocks, tie«"' *eeun funds, and securities as are hereinbefore mentioned, and do and shall, with the consent of the said C. B. during her life, and after her death at the discretion of them the said E. F., G. H., and I. K., or the survivors or survivor of them, or the executors or administrators of such survivor, lay out and invest the monies to arise from such calling in and conversion into money, and also such of the said pre

(e) This does not seem to be a usual provision in settlements on a marriage in contempt; but it may obviously be highly convenient, even if not necessary for the comfort of the parties. (Sec Pearce v. CrulchjieU, 16 Ves. 48, and supra, p. 468, n.).

mises as shall consist of money, in their or his names or Of A Ward Of name, in the purchase of a competent share or shares of ^"fter** any of the parliamentary stocks or public funds of Great Marriage. Britain, or at interest upon government or real securities in England or Wales, but not in Ireland, and do and shall from time to time, with such consent or at such discretion as aforesaid, alter, vary, and transpose as well the said last-mentioned stocks, funds, and securities, as such of the aforesaid premises as shall originally consist of such stocks, funds, or securities as aforesaid; And Do —and pay the And Shall, &c, [trust as to the income for the separate wife'fWTife for use of the wife for life, see supra, p. 315]; And From And her separate After the decease of the said C. B., do and shall stand ,. ,

'_ —and after her

possessed of and interested in the said trust monies, stocks, decease, hold

funds, and securities, and the interest, dividends, and an- and'income'in

nual produce thereof, In Trust for all and every, or such tru^jfor aJ'(jhe

one or more, exclusively of the other or others of the child- wife 0r their

ren or child of the said C. B. by the said A. B., or any '""f1" ,h,e

, 'shall by will ap

future husband (/) with whom she may intermarry, and point; who shall be living at the time of her decease, and the issue living at the time of the decease of the said C. B. of any such child or children who may happen to die in her lifetime, with such provision for their respective maintenance and education or advancement, at such age, day, or time, or respective ages, days, or times, if more than one, in such shares and proportions, and with such annual sums of money and limitations over for the benefit of the said children or issue, or some or one of them, and upon such conditions, with such restrictions, and in such manner as the said C. B. shall, by her last will and testament, or any codicil or codicils thereto, direct or appoint; And In Default of and until such di- "ra,nd in de"

, ~ .... fault of ap

rection or appointment, and so far as no such direction or pointment, for

appointment shall extend, In Trust for all and every the "f.^'^'}^TM"

children and child of the said C. B. by the said A. B., being sons, at

or such future husband as aforesaid, who, being a son or J.*"1 JJe££g

sons, shall attain the age of twenty-one years, or, being a daughters, at

daughter or daughters, shall attain that age or marry, to be 0n"oTma'rry,

divided between or among such children, if more than one, equaUy

(/) With respect to the method of providing for the children of a second marriage, see supra, p. 469; and infra, p. 484, n. (n).

OP A WARD OF
CHANCERY

AFTER
MARRIAOE.

Proviso that certain of the issue of children not attaining a vested interest, may take their parent's expectant shares.

Trusts in default of children or issue becoming entitled under the previous trusts;

—as the wife shall by will appoint;

.—and in default of appointment, for the husband for life.

in equal shares or proportions, and if there shall be but one such child, the whole to be in trust for such one child: Provided Always, and it is hereby further agreed and declared between and by the parties to these presents, that if any son of the said C. B. shall die under the age of twenty-one years, leaving issue, and such issue, being a son or sons, shall attain the age of twenty-one years, or, being a daughter or daughters, shall attain that age or be married, then and in every such case such issue of every such son so dying as aforesaid shall have and be entitled to the share or shares of and in the said trust monies, stocks, funds, and securities, which the deceased parent of such issue respectively would have been entitled to under the trusts aforesaid if such parent had lived to attain the age of twenty-one years, and such issue, if more than one, shall take their deceased parent.s share equally between them($r): Provided Always, that in case there shall be no person who shall attain a vested interest (A) in the said trust monies, stocks, funds, and securities under the aforesaid trusts, they the said E. F., G. H., and I. K., their executors, administrators, and assigns, shall stand possessed of and interested in all and singular the said trust monies, stocks, funds, and securities, and the interest, dividends, and annual produce thereof, or so much thereof respectively as shall not have become vested or been applied under any of the trusts or powers herein contained, In Trust for such person or persons, and for such intents and purposes, and in such manner and form as the said C. B. shall, by her last will and testament, or any codicil or codicils thereto, or any writing in the nature of or purporting to be a will or codicil, whether covert or sole, direct or appoint; And In Default of any such direction or appointment, and so far as no such direction or appointment shall extend, Upon Trust from and after the decease of the said C. B., and such default or failure of issue as aforesaid, to pay to or otherwise permit the said

(g) In this settlement, the hotchpot, advancement, maintenance, and accumulation clauses are placed in an unusual position. (See infra, p. 482). They should be in this place.

(h) See supra, p. 322, n. («).

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