ditaments comprised in the said term of

years, until

to be received

by reversioner.

Money advancby husband in his lifetime, if

ed for children

some one of the said portions shall become payable by virtue of the trusts aforesaid; And that the rents, issues, and pro- Residue of rents fits which shall remain after payment of the said annual sum or sums of money payable for or towards the maintenance and education of such child or children as aforesaid shall, until some one of such portions shall become payable as aforesaid, be had and received (but subject and without prejudice as hereinbefore is mentioned) by the person or persons who for the time being, by virtue of the limitations hereinbefore contained, shall be next entitled to the reversion or remainder of the said manors, messuages, lands, and other hereditaments immediately expectant upon the determination of the said term of years, to and for his or their own use and benefit. Provided always, and it is hereby further agreed and declared between and by the said parties to these presents, that if the said E. F. shall in his lifetime give or advance to or with any child or children for whom a portion or portions is or are intended to be hereby provided as aforesaid, any sum or sums of money for or towards his, her, or their portion or portions, or his, her, or their advance- faction pro tanto. ment or establishment in the world, then and in every or any such case, (unless the said E. F. shall by any writing under his hand direct the contrary), if such advanced sum or sums of money shall be equal to the whole of the portion or portions intended to be hereby provided for such child or children respectively as aforesaid, the same shall be accounted in full satisfaction of the whole of his, her, or their portion or portions; but if such advanced sum or sums of money shall be less than such portion or portions, the same shall be considered as part only of his, her, or their portion or portions, and such money only shall be raised under or by virtue of the trusts of the said term of

years, for the portion or portions of the said child or children, to or with whom such sum or sums of money shall be so given or advanced by the said E. F. as aforesaid, as, together with the sum or sums of money so to be given or advanced, will amount to and complete the same sum of money intended to be hereby provided for such child or

equal to intended portion, to

be in satisfaction

thereof; if less, to be in satis

Another form of declaration of trusts of term

for raising portions for younger children, with

of

XCIX. And it is hereby declared and agreed by and between the said parties to these presents, that the said term years hereinbefore limited to the said A. B. and C. D., their executors, administrators, and assigns as aforeproviso of cesser. said, is so limited unto them upon this special trust and confidence, and to the intent and purpose that they the said A. B. and C. D., their executors, administrators, and assigns, shall and do, in case there shall be one or more child or children of the said E. F. by the said G. H., his intended wife, lawfully begotten (other than an eldest or only son), by sale or mortgage of the said term of years of and in the said premises so to them limited as aforesaid, or of and in a competent part thereof, or by such other ways or means as they, or the survivor of them, or the executors or administrators of such survivor, shall think fit, raise and levy the sum of £— of lawful money of Great Britain for the portion or portions of all and every such child or children, not being an eldest or only son as aforesaid, to be equally divided between them, and paid at their respective ages of twenty-one years; and in case any of such children. shall happen to die before his, her, or their portion or portions shall become payable as aforesaid, then the portion or portions of such of them so dying shall go and be paid unto and equally divided among the survivors or survivor of them, when the said original portion or portions of such surviving child or children shall become payable as aforesaid: Provided always, that in case all the same children shall happen to die before any of their portions shall become payable as aforesaid, Then and in such case the said sum of £so to be raised for their portions as aforesaid shall cease, and not be raised: Provided also, that no such sale or mortgage as aforesaid shall be made until some or one of the portions of the same children shall become payable as aforesaid: Provided always, and it is hereby further declared and agreed by and between the said parties to these presents, that in case there shall be no such child or children of the said E. F. by the said

!

G. H., his intended wife, lawfully begotten, (other than an eldest or only son), or, there being such child or children, all of them shall happen to die before their or any of their said portions shall become payable by virtue of these presents, Then and in every or any of the said cases, and at all times from thenceforth, the said term of -years of and in the said premises shall cease, determine, and be void, to all intents and purposes, any thing herein contained to the contrary thereof in anywise notwithstanding.

or

C. And it is hereby declared and agreed by and between all the parties to these presents, That the said messuages &c. hereby limited to the use of the said A. B. and C. D., their executors, administrators, and assigns, for the first-mentioned term of years, are limited to them upon trust that they the said A. B. and C. D., the survivor of them, his executors or administrators, do and shall, as soon as conveniently may be after the decease of the said E. F., either by selling or mortgaging all or any part of the said messuages &c. comprised in the said first-mentioned term of years, for all or any part of the said term, or by, with, and out of the rents and profits of the same messuages &c., or by making entries thereon and taking the profits thereof, or by all and every or any one or more of the said ways and means, or by any other lawful and reasonable ways and means whatsoever, levy and raise the sum of £ of lawful money of Great Britain; and in the meantime (a), till the death of the said E. F., do and shall, by and out of the rents and profits of the said messuages &c. comprised in the said first-mentioned term of years, levy and raise interest for the said from the day of the (b)

first-mentioned sum of £

(a) Or,

"until the raising and payment of the said sum of £

(b) Or,

"decease of the said E. F."

date of these presents till payment thereof, at and after the rate of £ per cent. per annum; And do and shall (a) stand and be possessed of the same sum of £, and the interest thereof, upon such trusts, and for such ends, intents, and purposes, and under and subject to such provisoes, declarations, and agreements as are or shall be expressed and declared thereof in or by an indenture dated or to be dated on the day of the date of these presents, and made or to be made between &c.: Provided always, and it is hereby declared and agreed by and between the parties to these presents, that the said A. B. and C. D., or the survivor of them, his executors or administrators, shall not mortgage or sell all or any part of the said messuages &c. comprised in the said first-mentioned term.of years, until the end of one year next after the decease of the said E. F., and that, subject to the (b) payment of interest at the rate aforesaid for the said first-mentioned sum of £, all the rents and annual profits of the said messuages &c., comprised in the said first-mentioned term of years, or so much of the same rents and annual profits as from time to time shall remain after answering and paying the interest at the rate aforesaid, which from time to time shall become due for the said sum of £, shall belong to and be received and taken by the person or persons who for the time being shall be entitled to the same messuages &c., in remainder or reversion immediately after and expectant on the determination of the same term, to and for his and their own use and benefit: Provided also, and it is hereby further declared and agreed by and

(a) Or,

"pay the said sum of £, and the interest thereof, unto the said I. K., his executors, administrators, or assigns, or as he or they shall direct or appoint."

(b) Or,

"raising and payment of the said sum of £, and the interest thereof, in manner aforesaid, and the costs, charges, and expenses of carrying the trusts hereby reposed in the said A. B. and C. D., their executors, administrators, and assigns, into execution."

between all the parties to these presents, that when and as
soon as all the trusts hereinbefore expressed and declared
of and concerning the said first-mentioned term of
years shall in all respects be fully performed and satisfied, [or
become unnecessary], and the said A. B. and C. D., and
each of them, their and each of their executors, administra-
tors, and assigns, shall be fully reimbursed and satisfied all
costs, charges, and expenses, (if any), to be occasioned by
or relating to the trusts hereby reposed in them as aforesaid,
and which said costs, charges, and expenses the trustee or
trustees for the time being of the said term is and are hereby
authorized to raise and take by the means aforesaid), the
said first-mentioned term of
years, as to such and

so many and such parts of the messuages &c. comprised
therein as shall not be sold or mortgaged for the purposes
aforesaid, shall be surrendered or otherwise, and at the op-
tion of the said E. F., his heirs or assigns, shall be assigned
to attend the freehold, reversion, and inheritance of the
lands and hereditaments comprised in the same term; and
as to such and so many and such parts of the same mes-
suages &c. as shall have been mortgaged for the purposes
aforesaid, shall, subject to such mortgage or mortgages, at-
tend, wait upon, and go along with the freehold and inherit-
ance of the lands and hereditaments to be comprised in the
same mortgage or mortgages respectively.

CI. And I direct and declare that the said term of 500 years, hereinbefore limited To the use of the said A. B. and C. D., their executors, administrators, and assigns as aforesaid, is limited to them upon trust, and to the intent and purpose that the said A. B. and C. D., or the survivor of them, or the executors or administrators of such survivor, do and shall, by demise, sale, or mortgage of all or any part of the said messuage, lands, tenements, and hereditaments comprised in the said term of 500 years, for all or any part of the same term, or by, with, and out of the rents, issues, and profits of the same messuages, lands, tenements, and hereditaments, or any part thereof, in the mean time and until such sale, or by all or any of the ways and means aforesaid, as he or they in his or their discretion shall think fit,