after, and thenceforth during, the life of the said P. P., In trust, to pay unto the said P. P. and his assigns, or permit and suffer, or authorize and empower, him and them to receive and take the same rents, issues, and profits; subject nevertheless to the payment of the said annuity of £— tó the said G. H. during the continuance thereof, in case the same annuity shall not have been previously determined. rities. CXXXI. It is hereby agreed and declared between and by To vary secu the said parties to these presents, that the said A. B. and C. D., their executors, administrators, and assigns, shall stand and be possessed of and interested in the said sum of £ so transferred to them the said A. B. and C. D. as hereinbefore is mentioned and recited, and of and in the interest, dividends, and annual produce thereof, upon the trusts, and to and for the intents and purposes hereinafter expressed or declared of or concerning the same; (that is to say,) In trust for the said E. F., her executors, administrators, and assigns, in the meantime, and until the said intended marriage shall be actually had and solemnized; and from and immediately after the solemnization thereof, Upon trust that they the said A. B. and C. D., and the survivor of them, and the executors, administrators, and assigns of such survivor, Do and shall either permit and suffer the said sum of £ to remain in its present actual state of investment, or do and shall, with the consent in writing of the said G. H. and E. F. his intended wife, during their joint lives, and after the decease of such of them as shall first depart this life, 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, sell, transfer, or convert into money the same, or any part thereof; and with such consent or at such discretion as aforesaid lay out and invest the money thereby to be produced in their or his names or name in the purchase of a competent share or competent shares of the parliamentary stocks or public funds of Great Britain, or at interest upon Government or real securities in England or Wales (a); And do and shall (a) If it be the intention of the parties to restrain the trustees from Of life interest in stock for the separate use of a woman, with a clause against anticipation. from time to time, with such consent or at such discretion as aforesaid, alter the said stocks, funds, and securities as to them or him shall seem proper; And do and shall stand and be possessed of or interested in the said sum of £, and the interest, dividends, and annual produce thereof, and all and singular other the trust monies, stocks, funds, and securities which may arise or be produced by or from any such sale, transfer, disposition, investment, alteration, variation, or transposition as aforesaid, and the interests, dividends, and annual produce thereof, Upon the trusts, and for the intents and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter expressed or declared and contained of or concerning the same; (that is to say), Upon trust, that they the said A. B. and C. D., and the survivor of them, and the executors, administrators, and assigns of such survivor, Do and shall &c. CXXXII. Upon trust that they the said A. B. and C. D., and the survivor of them, and the executors, administrators, and assigns of such survivor, Do and shall, during the life of E. F., pay the interest, dividends, and annual produce of the said trust monies, stocks, funds, and securities, as and when the same shall be received unto such person or persons, and for such intents and purposes as the said E. F. shall from time to time, by writing under her hand, direct or appoint, but not so as to dispose of or affect the same by sale, mortgage, charge, or otherwise in the way of anticipation; And in default of such direction or appointment, into her own hands, for her own sole, separate, and particular use, exclusively of any husband with whom she may intermarry, and without being in anywise subject or liable to his debts, controul, interference, or engagements; And the receipts in writing of the said E. F., and her appointees, (whether she shall be single or married), to be sufficient discharges for the same. making any investments on securities in Ireland, such intention should of as to the principal for the marriage; if chi'dren of the more than one, as tenants in common; and if but one child, then in trust for such only child, maintenance and advance with trusts for ment. In de. fault of children, in trust for hus band. CXXXIII. And from and after the decease of the said After decease of E. F., In trust as to the principal of the said trust monies, for all and every the child and children of the said E. F., by the said G. H., now born, or hereafter to be born, who being a son or sons shall attain the age of twenty-one years, or who being a daughter or daughters shall attain the age twenty-one years, or marry, which shall first happen, to be equally divided between and among such children, if more than one, in equal shares and proportions, as tenants in common; and if there shall be but one such child, then the whole to be in trust for that one child; and after the decease of the said E. F., and until the whole of the said trust monies, stocks, funds, and securities shall become vested in such child or children as aforesaid, do and shall pay and apply the interest, dividends, and annual produce thereof, or of the unvested part thereof, as the case may be, unto and for the benefit of all and every the children or child, for the time being, of the said E. F., whose portions or portion shall not then be vested for and towards their, his, or her maintenance and benefit, equally between and among them, if more than one. Provided always, that it shall and may be lawful to and for the said trustees or trustee for the time being of these presents, during the life of the said E. F., with her consent in writing, and after her decease at their or his discretion, to raise and apply any part not exceeding one moiety of the then expectant portion or portions of any child or children for whom portions are intended to be hereby provided, and whose portions shall not then be payable under the trusts aforesaid, for their or his or her preferment, advantage, or benefit. And it is hereby agreed and declared between and by the said parties to these presents, that if there shall be no child of the said E. F. by the said G. H. who shall, under or by virtue of these presents, become entitled to an absolute interest in the said trust monies, the same shall, subject and without prejudice to the trusts thereof hereinbefore declared, be in trust for the said G. H., his executors, administrators, and assigns. CXXXIV. And from and immediately after the decease of such survivor, if there shall be any child or children of the said For younger children, as husband and wife by virtue of the limitations contained in the said indenture of release, of even date with these presents, entitled in possession, or in remainder expectant upon the decease of the said A. B., to the manors and other hereditaments therein comprised, or to the receipt of the rents, issues, and profits thereof, Upon trust, that they the said E. F. and G. H., and the survivor of them, and the executors, administrators, and assigns of such survivor, Do and shall stand and be possessed of and interested in the said trust monies, stocks, funds, and securities, and the interest, dividends, and annual produce thereof, In trust for all and every, or such one or more exclusively of the others or other of the child or children of the said A. B. by the said C. D., his intended wife, (other than and besides an eldest or only son for the time being entitled as aforesaid), or In trust for all and every or such one or more exclusively of the others or other of the issue born in the lifetime of the said A. B. and C. D., his intended wife, or the survivor of them, of any such child or children, or both, In trust for all and every or such one or more exclusively of the others or other of such child or children, and all and every or such one or more exclusively of the other or others of such issue born as aforesaid of any such child or children, and if more than one in such shares and proportions, at such age or time, or respective ages or times, (not happening after the expiration of twenty-one years, to be computed from the decease of the survivor of them the said A. B. and C. D.), and charged with the payment of such annual sum and sums of money to such child or children and issue, or any of them, and with such benefit of survivorship and accruer, and such limitations over, between or amongst them, or any of them, upon such conditions, with such provisions for their or any of their maintenance and education, in such shares and proportions, and generally in such manner for their or any of their benefit as the said A. B. and C. D., his intended wife, shall at any time or times during their joint lives, by any deed or deeds, writing or writings with or without power of revocation, to be by them sealed and delivered in the presence of and attested by two or more credible witnesses, from time to time jointly direct or appoint: And in default of suci. joint direction or appointment, and so far as every or any such joint direction or appointment shall not extend, then as the survivor of them the said A. B. and C. D., his said intended wife, shall, at any time or times after the decease of the other of them, by any deed or deeds, writing or writings, with or without power of revocation, to be by him or her sealed and delivered in the presence of, and to be attested by two or more credible witnesses; or by his or her last will and testament in writing, or any codicil or codicils thereto, to be by him or her signed and published in the presence of, and to be attested by the like number of credible witnesses, from time to time direct or appoint; And in default of such direction or appointment, and so far as every or any such direction or appointment shall not extend, In trust for the child or all the children (as the case may be) of the said A. B. by the said C. D., his intended wife, (other than and except an eldest or only son for the time being entitled as aforesaid), and if more than one, to be divided between or amongst them, in equal shares and proportions, and to be an interest vested or interests vested in such child or children respectively, being a son or sons, at his or their age or respective ages of twenty-one years, and being a daughter or daughters, at her or their age or respective ages of twentyone years, or day or respective days of marriage, which shall first happen; and to be paid, transferred, or assigned to him, her, or them respectively, his, her, or their respective executors, administrators, or assigns, on or at the same age, day, or time, or respective ages, days, or times respectively, if the same respectively shall happen after the decease of the survivor of them the said A. B. and C. D., his intended wife; but if the same shall happen in the lifetime of them, or of the survivor of them, then immediately after the decease of such survivor. Provided always nevertheless, that it shall be lawful for the said A. B. and C. D., his intended wife, at any time or times during their joint lives, by any deed or deeds, writing or writings, to be by them sealed and delivered in the presence of and attested by two or more credible witnesses, to direct that the said trust monies, stocks, funds, In default of aptrust for younger pointment, in children as te nants in com mon, to be vested as to sons at twenty-one, and as to daughters or time of mar at twenty-one riage. Husband and to direct trust wife empowered monies to be at once transferred to the person entitled to a vested interest. |