the term.

AND TO HOLD the said messuage or tenement, pieces or parcels of land, hereditaments, and all and singular other the premises hereby assigned, or expressed and intended so to be, with their appurtenances, unto the said G H, his executors, administrators, and assigns, for and during all the residue and remainder now to come and unexpired of the said term of 1000 years, IN TRUST nevertheless for the said E F, his heirs, ap- The trusts of pointees, and assigns, and to assign and dispose of the same from time to time, as he or they shall direct or appoint, and in the mean time upon trust to permit the residue and re mainder of the said term of 1000 years to wait upon and attend the reversion, freehold, and inheritance of the same premises so as to be subservient thereunto, and to protect the same from all mesne incumbrances (if any such there be): AND the said A B doth for himself, his heirs, executors, and administrators, covenant and declare with and to the said G H, his executors, administrators, and assigns, by these presents, that he the said A B hath not at any time heretofore made, done, committed, or executed, or knowingly or willingly permitted or suffered, or been party or privy to any act, deed, matter, or thing whatsoever, whereby, or by reason or means whereof, the said hereditaments and premises hereinbefore assigned, or expressed and intended so to be, or any of them, or any part thereof, are, is, can, shall, or may be impeached, charged, affected, or incumbered in title, estate, or otherwise howsoever. IN WITNESS, &c.

Covenant by that he had done nothing to incumber,

the said A B

&c

Parties.

Recites the

wife's title to

money, due on a policy of assurance and to

London Dock shares.

The intended marriage.

The agree

ment to settle the property,

No. XII.

A Settlement of the Wife's Property, with a limitation to the
Husband until his Bankruptcy or Insolvency, &c. (a).

THIS INDENTURE made, &c. BETWEEN A B of merchant, of the first part, C D of spinster, of the second part, and of the third part: WHEREAS

E F of

and G H of

the said C D, as sole executrix and residuary legatee named in the last will and testament of T D of (her late father deceased) is possessed of or entitled to the sum of £1000, payable on the day of next by the Equitable Assurance Office, upon a policy of assurance on the life of the said TD: AND the said C D, as such executrix and residuary legatee as aforesaid, is also entitled to the sum of £2500 London Dock Stock shares: AND WHEREAS a marriage hath been agreed upon, and is intended to be shortly had and solemnized between the said A B and C D: AND WHEREAS upon the treaty for the said intended marriage it was agreed, that the said sum of £1000 payable upon the aforesaid policy of assurance, and also the said sum of £2500 London Dock Stock shares should respectively be assigned and transferred to the said E F and G H, their executors, administrators, and assigns, upon the trusts, and for the intents and purposes, and with, under, and subject to, the powers, provisoes, agreements, and declarations hereinafter mentioned, expressed, and declared of and the trans- or concerning the same: AND WHEREAS, in pursuance and part performance of the said agreement, she the said CD, with the privity and approbation of the said A B (testified by his being a party to and sealing and delivering these presents), HATH transferred or caused to be transferred, in the books kept for that purpose by the London Dock Company, into the names of the said E F and G H the said sum of £2500 in the joint stock of the said company, to be held by them upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations

fer of the

shares into the names of the

trustees.

(a) Vide supra, p. 87.

of

hereinafter expressed and declared, or referred to, of, or concerning the same: Now THIS INDENTURE WITNESSETH, that in pursuance and further performance of the aforesaid agreement, and in consideration of the said intended marriage, and for and in consideration of the sum of 10s. of lawful money Great Britain to the said CD in hand, well and truly paid by the said E F and G H, at or immediately before the sealing and delivering of these presents (the receipt whereof is hereby acknowledged), she the said C D, with the privity and approbation of the said A B (testified as aforesaid), HATH bargained, sold, assigned, transferred, and set over, and by these presents DOTH bargain, sell, assign, transfer, and set over unto ASSIGNMENT the said E F and G H, their executors, administrators, and assigns, ALL THAT the said sum of £1000 so payable by the of the money Equitable Assurance Office as hereinbefore is mentioned, together with the said policy of assurance and the full benefit thereof, AND all and every other sums and sum of money to be had or received thereby, AND all the right, title, interest, property, claim, and demand whatsoever, both at law and in equity, of her the said CD in and to the same premises and every part thereof, TOGETHER with full power and authority to ask, demand, sue for, recover, and receive, and give effectual receipts and discharges for the same, and every part thereof respectively, in the name of her the said C D: TO HAVE, HOLD, HABENDUM RECEIVE, AND TAKE the said sum of £1000, and all and

singular other the premises hereinbefore assigned, or expressed

due on the

policy.

and intended so to be, unto the said E F and G H, their to the trustees, executors, administrators, and assigns, upon the trusts nevertheless, and for the 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 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 sum of £1000, and all and every other sums or sum of money due or payable upon the aforesaid policy of assurance, and also of and in the said sum of £2500 London Dock Stock shares, and the dividends, interest, and produce thereof, 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 or concerning the same respectively (that' is to say), IN upon trust to TRUST for the said C D, her executors, administrators, and receive the

money due

upon the

policy,

and to invest the same

ment or real

securities.

Power to vary securities

(with consent

of husband and wife)

assigns, in the mean time and until the solemnization of the said marriage, and from and after the solemnization thereof, upon trust that they the said E F and G H, and the survivor of them, his executors, administrators, and assigns, do and shall call in and receive the said sum of £1000 when and so soon as the same shall become payable; and also all and every other sums or sum of money which shall or may be or become due or payable under or by virtue of the said policy of assurance, AND do and shall lay out and invest the same in their or his names or name in the purchase of a competent share or upon govern- competent shares of any of the parliamentary stocks or public funds of Great Britain, or at interest upon government or real securities in England, AND do and shall from time to time (with the consent in writing of the said A B and C D, his intended wife, during their joint lives, and after the decease of either of them, with the consent in writing of the survivor of them during his or her life, and after the decease of such survivor, at the discretion of the said trustees or trustee for the time being) alter, vary, and transpose the said stocks, funds, and securities as to them or him shall seem expedient, and to permit AND do and shall either permit and suffer the said sum of £2500 London Dock Stock shares, to remain in its actual state of investment, or do and shall at any time or times (with such consent or at such discretion as aforesaid) sell, transfer, or dispose of the same, or any part or parts thereof, for such price or prices as they or he shall think fit, AND do and shall (with and to invest produce upon such consent or at such discretion as aforesaid) lay out or ingovernment or vest the money to arise by or from such sale, transfer, or disreal securities, position, in their or his names or name in the purchase of a competent share or competent shares of any of the parliamentary stocks or funds of Great Britain, or at interest upon with power to government or real securities in England; AND do and shall from time to time (with such consent or at such discretion as aforesaid) alter, vary, and transpose the same stocks, funds, and securities as to them or him shall seem meet; AND 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 respectively, 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 to say), UPON TRUST that they the said EF and G HI, and the survivor of them, and the executors,

the shares to
remain as in-
vested, or
(with consent

of husband
and wife) to
sell them

vary securi

ties.

And upon trust

terest and protrust monies,

duce of all the

or until his

and then, in

case the same shall happen during the joint lives of

husband and

wife, to such persons as wife, by writing under her hand, shall appoint.

And in default of appointment, into her own hands for her separate

administrators, and assigns of such survivor, do and shall from to pay the intime 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 &c. A B, and his assigns, for and during the term of his natural life, to husband for or until he the said A B shall be found and declared a bank- life, rupt, or shall become insolvent, or make and enter into any bankruptcy or composition with his creditors, or shall take or accept the be- insolvency, nefit of any act of parliament made or to be made for the relief of insolvent debtors: AND from and after the determination of the aforesaid 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 his intended wife, do and shall pay and apply the interest, dividends, and annual produce of the said trust monies, stocks, funds, and securities to such person or persons and for such intents and purposes as the said CD shall from time to time, notwithstanding her coverture, by any writing or writings under her hand (but not so as to dispose of or affect the same in the way of anticipation) direct or appoint; AND in default of such direction or appointment into her own hands for her sole and separate use and benefit, independently and exclusively of the said A B, her intended husband, and without being in any wise subject to his debts, control, interference, or engagements, and the receipts of the said C D, or of her appointees, notwithstanding her coverture, to be from time to time sufficient discharges for the same; AND from and after the decease of the said A B (whether the aforesaid trust for his benefit shall have determined in his lifetime or not) do and shall during the life of the said CD 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 CD for her sole and separate use and benefit, exclusively of any future husband, and without being in any wise subject to his debts, control, or engagements; AND from and after the determination of the trust hereinbefore 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, funds, stocks, and securities, and all the interest, dividends, and annual produce thereof respectively, IN TRUST for all and every or such one or more exclusively of the other or others of the children or child of the said A B by

use,

and her re-
sufficient dis-
ceipts to be
charges.
And after the
death of hus-
band,

to the wif e

for her separate use.

And after de

termination of

trust for husband's benefit and wife's de

cease,

in trust for children as

such of their