hereby assigns unto the said Mary Walker and John Walker a certain mort. gage deed of £1,000, paying interest at five per cent., secured upon property therein described, being 969, Hertford Street, in the city of Coventry, in the said county of Warwick, UPON TRUST that the said Mary Walker and John Walker, or the survivor of them, or the executors or administrators of the said survivor (*), shall hold the said mortgage, and exercise UPON TRUST all the rights and powers hitherto exercised in reference thereto, with power at their discretion to recover and transfer the said £1,000 to the government funds. And the said trustees or trustee hereby covenant with the said Harriet Merton to hold the said mortgage subject to the terms herein before written and to pay the interest or dividends thereon unto the said Harriet Merton for her sole use and benefit (2705), and without power of anticipation (2774), during the joint lives of the said William Wood and the said Harriet Merton. Provided that upon the death of the said William Wood or of the said Har riet Merton, the said mortgage or government securities, with all rights and powers therein, shall revert or be transferred to the survivor with undivided and immediate power of disposal. In witness whereof, the said parties have hereto set their hands and seals, the day and year above first written. Signed, sealed, and delivered in the presence of JOHN FINNEMORE, solicitor. FREEHOLD LAND. HARRIET MERTON. 0 2933. Settlement by father of intended husband of freehold land upon both parties to the marriage : THIS INDENTURE, made the first day of January, one thousand eight hundred and seventy, between George Smith, of Guildford, in the county of Surrey, of the first part; William Smith, bachelor, and Agnes Marsh, spinster, both of Chelmsford, in the county of Essex, of the second part; and John Wilkins, gentleman, and James Moore, grocer, both of Guildford aforesaid, of the third part. IN CONSIDERATION of an intended marriage between the said William Smith and the said Agnes Marsh, the said George Smith assigns to the said John Wilkins and James Moore a certain freehold farm, known as the Meadows, in the parish of Tenterden, in the county of Kent, let on a lease to Nicholas Dover, at the annual rent of £600, UPON TRUST that the said John Wilkins and James Moore, or the survivor of them, or the executors or administrators of such survivor (a), shall be entitled to receive the rent of the said freehold farm during the joint lives of the said William Smith and Agnes Marsh; and shall pay out of such rent £200 per annum to the said Agnes Marsh FOR HER SOLE USE AND BENEFIT, and WITHOUT POWER OF ANTICIPATION, and shall pay the residue of such rent each year to the said William Smith. AND IT IS PROVIDED that after the death of either the said William Smith or Agnes Marsh, the whole of the said rent shall be paid to the survivor of them for his or her life, and upon his or her death the said freehold farm shall be sold and the proceeds thereof divided equally amongst the children then living of the said marriage, or, should there be no children, then the said survivor shall have undivided power of bequeathing the said freehold farm. IN WITNESS, &c. SIGNED, SEALED, AND DELIVERED, &c. (a) See "Trustees." AN ENTAIL. 2934. Settlement of a Great Landed Estate.-When the marriage of a nobleman or other person of great wealth takes place, the marriage settlement usually adopted is of immense proportions and innumerable provisions; we therefore refrain from giving a form for such a great settlement here; but as in a will (a), so in a settlement, the expression "heirs of his [or her] body or their bodies," creates an entail (177). POST-NUPTIAL SETTLEMENT. 2935. Settlement by friend of husband upon wife : THIS INDENTURE, made the first day of March, one thousand eight hundred and seventy, between Samuel Pickwick of the first part; Nathaniel Winkle and Arabella Winkle of the second part; and Ralph Wardle and Benjamin Allen of the third part. Whereas the marriage between the said Nathaniel Winkle and Arabella Winkle took place without the knowledge of the said Samuel Pickwick, the said Samuel Pickwick now desires hereby to carry out his contemplated intention (in consideration of his respect and affection for all the parties) to settle certain property upon the said Arabella Winkle. The said Samuel Pickwick hereby assigns unto the said Ralph Wardle and Benjamin Allen the sum of £10,000, now invested in his name in governmeat securities, UPON TRUST, and also a certain freehold messuage at Dulwich, in the county of Surrey, now in the occupation of the said Samuel Pickwick, UPON TRUST that they, the said Ralph Wardle and Benjamin Allen, or the survivor of them, or the executors or administrators of such survivor, shall hold the said government securities and the deeds of the said freehold, and shall pay the dividends of the said securities to the said Samuel Pickwick for his life, and shall charge the said Samuel Pickwick with the tenancy for his life of the said freehold, at the annual rent of a peppercorn. AND upon the death of the said Samuel Pickwick the said trustees or trustee shall transfer the tenancy of the said freehold at the annual rent of a pepper. com to the said Arabella Winkle for her sole use and benefit during her life, afterwards to descend unencumbered by any condition, to her second son if she has one, or otherwise her eldest daughter if she has one, or otherwise her son if only one, or, if she shall have no children living at the time of her death, then to whomsoever she shall bequeath the same, AND upon the said death of the said Samuel Pickwick, the said trustees or trustee shall thenceforward pay the interest upon the said securities to the said Arabella Winkle for her life for her sole use and benefit (2705), and without power of anticipation (2774); AND upon the death of the said Arabella Winkle the said trustees or trustee shall divide such securities equally amongst all the children of the said Arabella Winkle, or, if she has no children then living, then to whomsoever she shall bequeath them. Provided that the said Samuel Pickwick reserves the right of changing or filling up vacancies in the trusteeship hereby constirated (). AND PROVIDED ALSO that should the said Arabella Winkle die before the said Samuel Pickwick then the said securities and the said freehold shall be at the absolute redisposal of the said Samuel Pickwick. In witness (a) See "Wills." whereof, the said parties have hereto set their hands and seals, the day and year above first written. 1 Signed, sealed, and delivered in the presence of SAMUEL PERKER, solicitor, Gray's Inn. SAMUEL PICKWICK. BENJAMIN ALLEN. SETTLEMENT OF A DEBENTURE. 2936. Settlement of a debenture of a public company by a father, as a further provision for his daughter after her marriage; to be endorsed upon an original settlement made before marriage : THIS INDENTURE, made the tenth day of April, one thousand eight hun. dred and sixty-nine, between the within-named Charles Palmer, gentleman, of Burton-upon-Trent, in the county of Stafford, of the first part; the withinnamed William Morgan, brewer, and Julia his wife, both of Burton-uponTrent, aforesaid, of the second part; and the within-named Francis Booth, gentleman, Edmund Adams, cooper, John Ironmonger, timber merchant, and Charles Jackson, maltster, all of Burton-upon-Trent, aforesaid, of the third part. WHEREAS the marriage contemplated at the time of the execution of the within-written indenture, was solemnized shortly after the date thereof. AND WHEREAS the said Charles Palmer, being desirous of making a further provision for his daughter, the said Maria Morgan, her husband and children, has transferred a debenture of the North Staffordshire Railway Company for the sum of £5,000, dated the first day of March of the present year, and num bered 0, 146, payable on the first day of March, 1873, with interest in the meantime at four per cent. per annum unto the said parties hereto of the third part, to be by them holden upon the trusts hereinafter declared or referred to. NOW THIS INDENTURE WITNESSETH, that in consideration of the natural love and affection which the said Charles Palmer bears to his daughter the said Julia Morgan, and her husband and children, and of the premises, the said Charles Palmer doth declare and direct that the said persons parties hereto of the third part, and the survivors or survivor of them, and the executors or administrators of such survivor (a), and other the trustees or trustee for the time being of the within-written indenture, and of these presents, shall permit the said sum of £5,000 to remain in its present state of investment till the said William Morgan and Julia his wife, or the survivor of them, shall direct the contrary, and when the said sum, or any part thereof, shall be sold, called in, or paid off, shall thenceforth, with the consent in writing of the said William Morgan and Julia his wife, during their joint lives, and, after the death of either of them, with the consent in writing of the survivor of them during his or her life, and after the death of such survivor, at the discretion of the said trustees or trustee for the time being, lay out and invest the moneys to be produced by selling, converting, calling in, or paying off the said debenture in their or his names or name in the parliamentary stocks or public funds of Great Britain, or in the stock of the governor and company of the Bank of England, or at interest on government securities, or on mortgage of any freehold copyhold or leasehold hereditaments in Great Britain, or in the deben tures or guaranteed stock or shares of any incorporated railway, canal, dock, or water company in Great Britain, and shall, from time to time, with such (a) See "Trustees." consent or at such discretion as aforesaid, alter, vary, and transpose the said trust moneys so as to be laid out and invested as aforesaid in other stocks, fands, and securities of a like nature, as often as occasion may require. AND IT IS AGREED AND DECLARED, that the trustees and trustee for the time being of the within-written indenture, and of these presents, shall hold the said debenture and the said sum of £5,000 thereby secured, and the securities pon which the same, or any part thereof, may at any time be invested under the power aforesaid, and the interest, dividends, and annual produce thereof, upon such and the like trusts, and for such and the like intents and purposes, and with, under, and subject to such and the like powers, provisoes, declarations, and agreements as are in and by the within-written indenture of settlement expressed concerning or in anywise affecting the sole use and benefit (2705) and otherwise the fortune of the said Julia Morgan thereby put in settlement, and the interest, dividends, and annual produce thereof, in such and the same and with such and the same effect in all respects and to all intents and purposes, as if the said debenture and the said sum of £5,000 thereby secured, had been originally comprised in and placed in settlement by the said indenture as part of the fortune of the said Julia Morgan. PROVIDED ALWAYS, AND IT IS DECLARED, that it shall be lawful for the said Charles Palmer at any time during his life, by any deed or deeds to revoke and make void all and every or any of the trusts, powers, and provisions herein conained concerning the premises hereby settled, and concerning any of the funds or securities whereon the proceeds of any of the said premises shall, for the time being, happen to be invested; and if the said Charles Palmer shall think proper, by the same or any other deed or deeds, to appoint, limit, and declare new and other trusts, powers, and provisions concerning the same (a). manner, IN WITNESS, &c. SIGNED, SEALED, AND DELIVERED, &c. SETTLEMENT UPON ILLEGITIMATE CHILD. 2937. Settlement of leaseholds in favour of illegitimate son and his mother: THIS INDENTURE, made the thirty-first day of December, 1868, between and William Wilks and John Wilks, both graziers, of Adderbury, in the said lease for 500 years of certain land and messuages called The Willows, in the county, of the other part. WHEREAS the said John Bull stands possessed of a parish of Banbury aforesaid, at the yearly rent of three pence, payable to the lord of the manor. AND WHEREAS the said John Bull has determined to settle the said messuages, ground, and premises, for the benefit of himself, daring his life, and after his decease, for the benefit of his natural son Herbert of ten years, and residing with the said John Bull, but in case the said Herbert Frail (commonly known as, and reputed to be Herbert Bull) now of the age Frail shall die under the age of twenty-one years, then for the benefit of his with him; and with such intent the said John Bull has determined to assign mother Mary Bull, now the lawful wife of the said John Bull, and residing the said land and messuages unto the said William Wilks and John Wilks, their years upon the trusts hereinafter expressed. executors, administrators, and assigns, for the residue of the said term of 500 WITNESSETH that in pursuance of the said determination, the said John Ball doth hereby assign unto the said William Wilks and John Wilks their (a) "Trustees." NOW THIS INDENTURE executors, administrators, and assigns (a), the said lease of all the said land and messuages known as The Willows aforesaid, UPON TRUST to pay unto the said John Bull and his assigns, or permit or empower him to receive the rents and profits of the said land and messuages for his and their use during the natural life of the said John Bull, and after his death then to hold the said land and messuages for the then residue of the said term of 500 years, UPON TRUST for the said Herbert Frail, his executors, administrators, and assigns; but if the said Herbert Frail die under the age of twenty-one years without leaving issue living at his death to hold the said land and messuages for the then residue of the said term of 500 years, UPON TRUST for the said Mary Bull, her executors, administrators, and assigns. AND IT IS DECLARED that it shall be lawful for the said William Wilks and John Wilks, and the survivor of them, and the executors and administrators of such survivor, and other the trustees or trustee to be appointed in their or his stead, from and after the death of the said John Bull, and whilst the said Herbert Frail shall be under the age of, twenty-one years, to apply the rents and profits of the said land and messuages in or towards his maintenance, education, benefit, and advancement. AND the said John Bull doth hereby for himself, his heirs, executors, and administrators, covenant with the said William Wilks and John Wilks, their executors, administrators, and assigns, that the said John Bull, his executors and administrators, and all persons rightfully claiming under or in trust for him and them, will, from time to time, and at all times, upon every reasonable request of the said William Wilks and John Wilks, or the survivor of them, or of any person or persons entitled to any benefit under the trusts hereinbefore declared, and at the costs of the said trust estate, if such request shall be made by the said trustees or trustee for the time being, otherwise at the cost of the person or persons by whom such request shall be made, make, do, and execute all such acts, deeds, and assurances, for more effectually assuring unto, or investing in the said William Wilks and John Wilks, their executors, administrators, or assigns, or the trustees or trustee for the time being of these presents. IN WITNESS, &c. SIGNED, SEaled, and delivered, &c. A WIDOW'S FUND. 2938. Settlement of fund for benefit of widow : To all whom these presents shall come, Ann Birch, of Kineton, in the county of Warwick, widow of the Rev. John Birch, lately a missionary in China, deceased, Eliza Cook and Mary Cook, of Leamington, in the said county, send greeting. Whereas the said Rev. John Birch died on the thirtieth day of January, 1869, leaving the said Ann Birch, his widow, and eight chil dren under the age of twenty-one years. And whereas, in consequence of the very slender means left by the said Rev. John Birch, and to enable her to make some provision for herself and children, subscriptions were entered into by the friends of the said Rev. John Birch, and such subscriptions were paid to the account of the said Eliza Cook and Mary Cook, and the amount whereof is the sum of £2,750. And whereas the said Ann Birch has deter mined to retain the sum of £250 of the said fund for her immediate necessities and to settle the sum of £2,500, the residue of the said fund, upon such trusts as are hereinafter expressed, for the benefit of herself and her said children. (a) See "Trustees." |