WITH USUAL

CLAUSES.

Trusts of the

term for raising portions for children of the marriage.

the younger

To raise by the means spe

cified.

trusts aforesaid), absolutely cease and determine (n); AND REAL ESTATE IT IS HEREBY AGREED and declared between and by the parties to these presents, that the said hereditaments and premises are hereby limited to the said X. Y. and Y. Z., their executors, administrators, and assigns, for the said term of one thousand years, UPON TRUST, that if there shall be any child or children of the said A. B. on the body of the said C. D. lawfully to be begotten, (other than or besides an eldest or only son for the time being entitled, by virtue of or under the limitations herein before contained, to the said hereditaments and premises for an estate in tail male, immediately expectant on the said term of one thousand years), then and in such case the said X. Y. and Y. Z., and the survivor of them, and the executors and administrators of such survivor, do and shall, after the decease of the said A. B., or in his lifetime, with his consent, signified by some writing under his hand, by mortgaging or otherwise disposing of the said hereditaments and premises comprised in the said term of one thousand years, or any of them, or any part thereof, for the whole or any part of the same term, or by, with, and out of the rents, issues, and profits of the same hereditaments and premises, or any of them, or by bringing actions against the tenants or occupiers of the same premises or any of them for the recovery of the rents and profits, or by more than one, or by all, of the aforesaid ways and means, or by any other reasonable ways or means, levy and raise for the portion or portions of such child or children (other than or besides an eldest son so for the time being entitled as aforesaid) such sum of money as is hereinafter mentioned, (that is to say), IF there shall be but one such child of the said A. B. by the said C. D., (other than an eldest or only son so for the time being entitled as aforesaid), the sum of £for the portion of such one child, to become and be an interest vested in, and to be paid to, such one child, whether a son or a daughter, on or at such age, day, or time as the said A. B. shall, by any deed or

(n) With respect to the utility of this term for securing the jointure, see supra, p. 504, n. (k); and as to the proviso for cesser, see supra, p. 508, n. (m).

If only one

younger child,

WITH USUAL

CLAUSES.

REAL ESTATE deeds, instrument or instruments, in writing, with or without power of revocation and new appointment, to be sealed and delivered by him in the presence of, and to be attested by, two or more credible witnesses, or by his last will and testament in writing, or any codicil or codicils thereto, from time to time direct or appoint, And in default of such direction or appointment, and so far as no such direction or appointment shall extend, to be an interest vested in such child, being a son, at his age of twenty-one years, and, being a daughter, at her age of twenty-one years or day of marriage, which shall first happen, and to be paid to him or her on or at the same age, day, or time, if the same shall happen after the decease of the said A. B., but if the same shall happen in the lifetime of the said A. B., then

If two younger immediately after his decease: AND IF there shall be two children,

If three

younger children,

children,

L

children of the said A. B. by the said C. D., and not more, (other than an eldest or only son so for the time being entitled as aforesaid), then the sum of £ for the portions of such two children: AND IF there shall be three children of the said A. B. by the said C. D., and not more, (other than an eldest or only son so for the time being entitled as aforesaid), then the sum of £If four younger for the portions of such three children: AND IF there shall be four or more children of the said A. B. by the said C. D., (other than an eldest or only son so for the time being entitled as aforesaid), then the sum of £ for the -to be for such portion of such four or more children, THE SAID SUMS of £- £—, and £—, as the event shall happen, to be shared or divided between or amongst the children respectively entitled thereto, in such parts, shares, and proportions, and to be interests vested in, and to be paid to, them respectively on or at such ages, days, or times, and to be subject to such annual sum and sums of money and limitations over, such annual sum and sums of money and limitations over being for the benefit of some one or more of such children, (other than an eldest or only son so for the time being entitled as aforesaid), as the said A. B. shall, by any deed or deeds, instrument or instruments, in writing, with or without power of revocation, and new

children as the husband shall

appoint;

WITH USUAL

CLAUSES.

appointment, to be by him sealed and delivered in the REAL ESTATE presence of, and to be attested by, two or more credible witnesses, or by his last will and testament, in writing, or any codicil or codicils thereto, from time to time direct or appoint; AND IN DEFAULT of such direction or appointment, in default of and so far as no such direction or appointment shall extend, appointment, the said sums of £- —, £—, and £, as the event equally. shall happen, to be shared and divided between or amongst the children entitled thereto respectively in equal shares and proportions, the share or shares of such of them as shall be a son or sons to be an interest vested or interests vested in him or them respectively at his or their age or respective ages of twenty-one years, and the share or shares of such of them as shall be a daughter or daughters to be an interest vested or interests vested in her or them respectively at her or their age or respective ages of twenty-one years, or day or respective days of marriage, which shall first happen, and to be paid to him, her, or them respectively on or at the same ages, days, or times respectively, if the same respectively shall happen after the decease of the said A. B., but if the same respectively shall happen during the lifetime of the said A. B., then immediately after his decease (o): PRO- Hotchpot VIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that in default of any such direction or appointment as aforesaid to the contrary, no child or children taking any part of the said sums of ££- or £, as the case may be, under or by virtue of any direction or appointment to be made by him the said A. B., in pursuance of the power or authority herein before given to him for that purpose, shall have or be entitled to any further or other share of or in that part of the said sum of £- £—, or £the case may be, of which no such direction or appointment shall be made, without bringing his, her, or their appointed share or shares into hotchpot, and accounting

as

clause.

for the same accordingly (p): PROVIDED ALWAYS, and it is Clause of sur

(0) As to the adoption of this method of settlement of the portions, see

supra, p. 435, n. (b).

(p) As to this clause, see supra, p. 319, n. (h).

WITH USUAL

CLAUSES.

vivorship and

accruer.

REAL ESTATE hereby further agreed and declared between and by the parties to these presents, that if there shall be more than one such child for whom portions are intended to be hereby provided as aforesaid, and any of them, being a son or sons, shall die, or become an eldest or only son so for the time being entitled as aforesaid under the age of twenty-one years, or, being a daughter or daughters, shall die under the age of twenty-one years without having been married, then in case no such direction or appointment as aforesaid shall be made by the said A. B. to the contrary, as well the share or shares intended to be hereby originally provided for, as the share or shares by virtue of this present clause or proviso surviving or accruing to, each such son so dying, or becoming an eldest or only son so for the time being entitled as aforesaid, and for and to each such daughter so dying as aforesaid, or so much thereof as shall not have been raised and applied for the preferment or advancement in the world of any such son or sons, by virtue and in pursuance of the power or authority hereinafter in that behalf contained, shall go, accrue, and belong to the survivors or survivor, or others or other of such children, (not being an eldest or only son so for the time being entitled as aforesaid), and shall vest in and be paid to him, her, or them, if more than one, in equal shares and proportions, at such and the same time or times and in such and the same manner as is hereinbefore declared and expressed touching or concerning his, her, or their original portion or portions, or as near thereto as cirProviso that the cumstances will admit: PROVIDED ALWAYS nevertheless, child or child- and it is hereby further agreed and declared between and ren shall not, by the parties to these presents, that the daughters or by survivorship or accruer, be younger sons of the said A. B. by the said C. D., or any of increased be. them, shall not, by virtue of or under the trusts hereinyond a given before declared, be, by survivorship or otherwise, entitled to have any greater sum of money for his, her, or their respective portion or portions than are hereinafter mentioned, (that is to say), Ir four or more children shall become entitled by virtue of any such appointment as aforesaid, or otherwise, to portions under the trusts aforesaid, then the sum of £ for the portions of such four or

sum.

for the

REAL ESTATE

WITH USUAL

CLAUSES.

clause-the

be raised as in

terest on the

portions.

more children; AND if three children and no more shall become entitled by virtue of any such appointment as aforesaid, or otherwise, to portions under the trusts aforesaid, then the sum of £ for the portions of such three children; AND if two children and no more shall become entitled by virtue of any such appointment as aforesaid, or otherwise, to portions under the trust aforesaid, then the sum of £for the portions of such two children; AND if one child and no more shall become entitled by virtue of any such appointment as aforesaid, or otherwise, to a portion under the trusts aforesaid, then the sum of £portion of such one child (q): AND UPON THIS FURTHER Maintenance TRUST, that they the said X. Y. and Y. Z., and the sur- maintenance to vivor of them, and the executors and administrators of such survivor, do and shall, after the decease of the said A. B., by and out of the rents, issues, and profits of the said hereditaments and premises comprised in the said term of one thousand years, or any part or parts thereof, levy and raise for the maintenance and education of the child or children for the time being of the said A. B. by the said C. D., for whom a portion or portions is or are intended to be hereby provided as aforesaid, in the meantime, and until his, her, or their portion or respective portions shall become payable, such yearly sum or sums of money, not exceeding what the interest for the expectant portion or portions intended to be hereby provided for such child or children respectively would amount to after the rate of £- for £100 by the year, as the said A. B. shall, 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 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,

(4) The sums to which the portions for the specified numbers of children are restricted by this clause, are the original sums provided for the same numbers.