appoint all or any part or parts of the said manors, messuages, lands, and other hereditaments to any one or more of the son or sons of any second or future marriage of the said E. F., for an estate or estates in tail male, with or without limitations over to any one or more of the others of the same sons in tail, to take effect immediately after the death of the said E. F., subject nevertheless and without prejudice to any annuity or rent-charge, portion or portions, which shall be directed to be raised under and by virtue of, and pursuant to all or any of the powers hereinbefore or hereinafter contained; and also subject and without prejudice to all or any of the powers, authorities, trusts, and terms of years which shall be respectively limited or created for raising the said annuity or yearly rent-charge, and portion or portions respectively; and so and in such manner that the daughter or daughters of the said intended marriage of the said E. F. and G. H. may, immediately after the death or respective deaths of the son or sons in whose favour such estate or estates tail shall be appointed, and failure of the issue male of the same son or sons, be entitled to take the said manors, messuages, lands, and other hereditaments to be appointed to such son or sons respectively, in such or the same or the like manner, and for such and the same or the like estate or estates as she or they respectively would have been entitled to or have taken in case no such appointment or appointments to the son or sons of any such future marriage had been made, and so as the said E. F. shall, at or prior to the time of making any such appointment, effectually charge and subject the said manors, messuages, lands, and other hereditaments hereby released or otherwise assured, to and with the payment of a portion or portions to the daughter or daughters of the said intended marriage of the said E. F. with the said G. H., not less than £- -for one daughter, if only one, and not less than £ for each of such daughters, if more than one; to be vested in them respectively when and as they respectively shall attain their respective ages of twenty-one years, or day or respective days of marriage, which as to each of them respectively shall first happen; and to be payable, and raised for, and paid to them respectively when and as she and they respectively shall

attain that age or day, or those ages or days, unless the said E. F. shall be living at that time; and in that case, as soon as may be after his death, with interest in the meantime after the death of the said E. F., and thenceforth until the said portion or portions shall become payable and be raised and paid as aforesaid, at and after the rate of £ per cent. per annum; And also do and shall limit and appoint the said manors, messuages, lands, and other hereditaments to a trustee or trustees for a term of five hundred years, to take effect and commence in possession immediately after the death of the said E. F., upon trust for securing and raising the said last-mentioned portion or portions, and the interest thereof, when and as the same shall become due and payable. And it is hereby declared and agreed, that the said E. F. shall have and may exercise all and singular the powers and authorities which shall be necessary to enable him to subject and charge the said portion or portions, and the interest thereof, and to limit a term or terms of years for securing and raising the same portion or portions and interest, according to the true intent and meaning of these presents, any thing hereinbefore contained to the contrary thereof notwithstanding.

XXXIII. Provided further, and it is hereby declared and Another form. agreed, by and between the parties to these presents, and it

is the true intent and meaning of them and of these presents, that in case there shall be no son of the said intended marriage, or all the sons, if any, of the said marriage shall depart this life under the age of twenty-one years without any issue male of any of their bodies lawfully begotten, and the said E. F. shall have a son or sons by any woman or women with whom he shall marry from time to time after the death of the said G. H., then and in that case, either before or after the death of such son or sons of the now intended marriage, or the birth of such son or sons of a future marriage, it shall or may be lawful to and for the said E. F., if he shall think fit, by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by him in the presence of two or more credible witnesses, and to be attested by the same witnesses, or by his last will and testa

ment in writing, or any codicil or codicils thereto, to be severally signed, sealed, published, and declared by him in the presence of three or more credible witnesses, and to be attested by the same witnesses, to appoint all or any part or parts of the said manors and other hereditaments to any one or more of the son or sons of a second or future marriage of the said E. F., for an estate or estates in tail male, with limitations over to any one or more of the others of the same sons in tail male, to take effect immediately upon or at any time after the death of the said E. F., and either absolutely or conditionally, subject nevertheless and without prejudice to any annuity or rent-charge, portion or portions, which shall be directed to be raised under and by virtue of, and pursuant to all or any of the powers hereinbefore or hereinafter contained; and also subject and without prejudice to all or any of the powers, authorities, trusts, and terms of years which shall be respectively limited or created for raising the said annuity or yearly rent-charge, and portion or portions respectively; and so and in such manner that the son or sons, daughter or daughters of the said intended marriage of the said E. F. and G. H., or the issue of any of the same son or sons, daughter or daughters, may, immediately after the death or respective deaths of the son or sons in whose favour such estate or estates tail shall be appointed, and failure of the issue male of the same son or sons, be entitled to take the said manor and other hereditaments to be appointed to such son or sons respectively, in such and the same and the like manner, and for such and the same and the like estate or estates as he, she, or they respectively would have been entitled to have therein in case no such appointment or appointments to the son or sons of any such future marriage had been made, and so as the said E. F. shall, at or prior to the time of making any such appointment, effectually subject and charge the said manor and other hereditaments hereby released or otherwise assured, to and with the payment of a portion or portions to a daughter or daughters of the said intended marriage of the said E. F. with the said G. H.; and also the daughter or daughters, if any, of a deceased son or sons of the same marriage, not less than £for one such daughter, if only one, and not less than

£ for each of such daughters, if more than one; and as to a daughter or daughters of the said E. F. by the said G. H., to be vested in her or them respectively when and as she and they respectively shall attain her or their age or respective ages of twenty-one years, or day or respective days of marriage, which as to each of them respectively shall first happen; and as to such daughter or daughters of a deceased son or sons of the said E. F. by the said G. H., to be vested in her or them respectively on the death of the said E. F., or which shall last happen on the death of the father of each of the same daughters respectively; and to be payable and raised for, and paid to the daughter or daughters respectively of the said E. F. and G. H., when and as she and they respectively shall attain her or their said age or day or respective ages or days, unless the said E. F. shall be living at that time; and in that case, as soon as may be after his death, with interest in the meantime after the death of the said E. F., and thenceforth until the said portion or portions shall become payable, and be raised and paid as aforesaid, at and after the rate of £

per centum per annum; and to be payable and raised for, and paid to the daughter or daughters of a deceased son or sons of the said E. F. and G. H., when and as she and they respectively shall attain her or their age or respective ages of twenty-one years, or day or respective days of marriage, which as to each of them respectively shall first happen, unless the said E. F. shall be living at that time; and in that case, as soon as may be after his death, with interest for the same in the meantime after the death of the said E. F., or which shall last happen, the death of each son who shall be the father of any such daughter or daughters respectively of a deceased son or sons, and thenceforth until the said portion or portions of each such daughter of any such son or sons shall become payable, and be raised and paid as aforesaid, at and after the rate of £- per centum per annum; and so as the said E. F. do and shall limit and appoint the said manor and other hereditaments to a trustee or trustees for a term of five hundred years, to take effect and commence in possession immediately after the death of the said E. F., subject and without prejudice to the said

annuity or rent-charge, and the powers and remedies for recovering and enforcing the payment of the same, upon trust for securing and raising all the said last-mentioned portion or portions, and the interest thereof, when and as the same shall become due and payable. Provided always, and in case there shall be a daughter of the said intended marriage of the said E. F. and G. H., and also a daughter of any ceased son of the same marriage, neither of such daughters shall be entitled to any greater or larger portion under the power last hereinbefore contained than the sum of £unless the said E. F. shall think fit to appoint a larger sum to each or either of them. Provided further, and in case there shall be two or more such daughters (including a daughter or daughters of any of the said intended marriage of the said E. F. and G. H., and a daughter or daughters, any, of a deceased son or sons of the same marriage), and only one of such daughters shall become absolutely entitled to a portion under the provision last hereinbefore contained, such only daughter (whether a daughter of the said intended marriage of the said E. F. and G. H., or a daughter of a deceased son of the same marriage) shall be entitled to have a sum not less than £ for her portion, under or by means of the appointment to be made as aforesaid.

if

XXXIV. Provided always, and it is hereby further declared and agreed, by and between the said parties to these presents, as far as they respectively are interested, that if the said A. B. [husband] should depart this life in the lifetime of the said C. D. [wife], leaving any child, children, or other persons entitled to any portion or share of and in the said trust monies, stocks, funds, and securities, and there shall be any surplus of the said trust monies, stocks, funds, and securities, after appropriating to or for the same child, or each of the same children respectively, or the person or persons who shall be entitled to the portion or share of any deceased child the sum of £ of lawful British money, or the amount or value thereof in other property, stocks, funds, or securities, (including the sum or sums of money, or other property which shall belong to or be taken by any such child or children under any appointment made to him,