Recites a mortgage in fee for fecuring 16,9001.

and intereft.

Settlement and Appointment by the Lody of her Property confifting of a Sum of Money fecured to her by a Mert gage in Fee, upon fuch Trufts, and fubject to fuch Provifions as are abftracted in the Margin. The Gentleman. Covenants to fettle any after required Property of the, Lady upon the Trufts of the prefent Settlement.

THIS

HIS INDENTURE of three parts, made, &c. BETWEEN the Intended Wife of the first part; the Intended Husband of the fecond part; and Three Trustees of the third part; WHEREAS by indentures of bargain and fale and releafe, bearing date refpectively, the bargain and fale the day next before the day of the date of the releafe, and the release bearing date on or about the day of and made or expreffed to be made. between the Mortgagor of the one part, and the Mortgagee (the Intended Wife), of the fecond part; ALL, &c. with the demeine lands, fervices, rights, royalties, members and appurtenances, were conveyed and affured * unto and to the use of the faid Intended Wife, her heirs and affigns for ever, by way of mortgage, for fecuring the payment to her of 4.16,900 with lawful intereft for the fame, at the place and times therein mentioned: AND WHEREAS a marriage is intended by treaty for the in- God's permiffion, to be fhortly had and folemnized betended marriage it tween the faid Intended Wife and the faid Intended Husfaid 16,900l. was agreed that band, and upon the treaty for the faid intended marriage, should be vefted it was agreed that the faid fum of £.16,900 fecured by the

And that on the

in truftces.

faid mortgage, fhould be affigned to and vefted in the faid Trustees, and that they the faid Trustees, and the furvivors and survivor of them, and the executors and administrators of fuch furvivor should stand, and be poffeffed of and interested in the fame, upon the feveral trufts, and to and for the feveral intents and purposes, and under and fubject to the feveral powers, provifoes, declarations and agreements hereinafter expreffed or declared: AND WHEREAS,

* Where the land' and ufe are conveyed to the fame perfon, the expreffion in the recitals is, that they were conveyed "unto and to the use of," which in other cafes is improper.

by

whereby the

by a certain deed-poll or inftrument in writing, bearing A deed-poll date the day next before the day of the date hereof, and mortgaged preindorsed on the second skin of the faid in part recited in mifes were condenture of releafe, fhe the faid Intended Wife, with the veyed to trustees. privity, consent and approbation of the faid Intended Husband, Hath granted, bargained, fold, releafed and confirmed unto the faid Trustees, in their actual poffeffion, being by virtue of a bargain and fale for a year to them thereof made by the faid Intended Wife in the manner therein mentioned, and to their heirs, all and fingular the manor or lordship, meffuages, farms, lands, tenements and hereditaments comprized in the faid indenture whereon the faid deed-poll is indorfed and therein mentioned to be thereby granted and released, with their and every of their appurtenances, to hold the fame unto and to the use of the faid Trustees, their heirs and affigns for ever, fubject nevertheless to fuch equity of redemption on payment of the faid fum of £.16,900 and the intereft thereof as by force and virtue of the faid indenture whereon the said deed-poll is indorfed, is fubfifting of and concerning the premifes; AND the faid Intended JVife, And the money with the like privity, confent and approbation of the faid aligned to them. Intended Husband, hath thereby affigned, transferred and fet over unto the faid Trustees, their executors, adminiftrators and affigns, the faid fum of £.16,900, secured by the faid indenture whereon the faid deed poll is indorfed, and all intereft due and to grow due for the

fame. And it was and is thereby agreed and declared, Upon fuch trufts that the faid Trustees, their executors, adminiftra- as lady should ap tors and affigns fhall ftand and be poffeffed of and point.. interested in the faid fum of £16,900 and the interest thereof, upon fuch trufts and to and for fuch intents and purposes as the faid Intended Wife, whether fole or covert, and notwithstanding any coverture, fhould by any deed or deeds, writing or writings to be by her fealed and delivered in the presence of two or more credible witnesses, within the space of fix calendar months then next enfuing, declare, direct, limit, or appoint, and for want of fuch declaration, limitation or appointment, and in the mean time until fuch declaration, direction, limitation or appointment fhould be made, in truft for her the faid Intended Wife, her heirs and affigns: NOW THIS INDENTRUE WITNESSETH, that The appointment in purfuance of, and for further effectuating the faid agree- or prefent fettle

E 4

ment ment.

power.

ment entered into upon the treaty for the faid intended marriage, and for and in confideration of the faid intended marriage, and of the covenant and agreement hereinafter inferted on the part and behalf of the faid Intended Husband, and for divers other good caufes and confiderations*, the faid Intended Wife, purfuant to and by force and virtue Reference to the and in exercise and execution of the power and authority given or limited to her by the faid deed-poll as hereinbefore is recited, and by force and virtue of all and every other power and powers, authority and authorities to her appertaining or enabling in this behalf, with the privity, confent, and approbation of her faid Intended Husband, teftified by his fealing and delivering thefe prefents, Operative words. HATH declared, directed, limited, and appointed. And by this prefent deed or writing by her fealed and delivered in the prefence of the two credible perfons whofe names are intended to be hereon indorfed as witneffes, attefting

The Right of Defignation referved by the Deed-Poll recited in the prefent Settlement, is by Conveyancers termed a Power of Appointment, the exercife of it an appointment, the perfon exercifing the power an appointor, and the perfon taking under it an appointee. It may not be amifs to obferve, that in the exercife of a power of appointment too rigid adherence to the manner or form prefcribed cannot be obferved; and Conveyancers have introduced the precau-tion of making the party exercising the power declare, that he acts not only in exercife of that particular power, but in exercife of every other power appertaining to, or enabling him to do the act in question; but this precaution is not neceffary; neither is it neceffary, (only convenient and caution. ary) that the words, or even the form of the power should be ufed if the material circumstances of the power are purfued. By a feries of acknowledged authorities it is fettled beyond a poffibility of doubt, ift, That to the valid exercife of a power, a reference to, or notice of that power is not neceffary if it fufficiently appears that the party intends to exercise it; zdly, that it is confidered as fufficient evidence if the party's intention appears to be to do that act which the power authorizes him to do, and which he is not authorized to do without reforting to the power.- See the cafes of Tomlinfon v. Deighton, 1. P. W. 149, and Fitzgerald Fauconbery, 215; Morton v. Morton, 1. Atk. 558, and expte Sir George Cornwall, ib. 559.

the

the fealing and delivering of these prefents by her, DOTH declare, direct, limit, and appoint that the faid Trustees, and the furvivors and survivor of them, and the executors and adminiftrators of fuch furvivor fhall ftand and be poffeffed and interested of and in the faid fum of £.16,900, fecured by the faid mortgage, and affigned by the faid deedpoll as aforesaid, and the intereft thereof, upon the several trufts, and to and for the feveral intents and purposes, and under and fubject to the feveral powers, provifoes, declarations, and agreements hereinafter expreffed. AND Declaration of the THIS INDENTURE FURTHER WITNESSETH, trufts. that it is hereby agreed and declared by and amongst all the parties to thefe prefents, and in particular to the said Intended Wife, doth hereby direct and appoint, that they the faid Trustees, and the furvivors and furvivor of them, and the executors and administrators of such survivor shall and will ftand and be poffeffed and interested of and in the faid fum of £.16,900, fecured by the faid mortgage and

affigned by the faid deed-poll as aforefaid, IN TRUST Viz. to the lady for the faid Intended Wife, her executors, adminiftrators, until her marriand affigns, until the faid intended marriage shall be had age. and folemnized; And from and after the folemnization thereof then upon the feveral trusts, and to and for the feveral intents and purposes, and under and subject to the feveral powers, provifoes, declarations, and agreements hereinafter declared or expreffed, of and concerning the fame, that is to fay, IN TRUST, that they the faid Truf- Then as to the tees, and the furvivors and furvivor of them, and the exe- intereft only to cutors and adminiftrators of fuch furvivor fhall and do her for her life, or as the fhall. from time to time, during the life of the faid Intended appoint, notWife, well and truly pay, or caufe to be paid, the intereft withstanding her due or to grow due for or in refpect of the faid fum of coverture. L.16,900, fecured by the faid mortgage, into the proper hands of the faid Intended Wife, to and for her own fole and feparate use and benefit, or to fuch perfan or perfons as fhe, in writing, figned with her proper hand, fhall from time to time, notwithstanding her intended coverture, direct or appoint. And it is hereby declared and agreed, that the faid Intended Husband fhall not, nor will intermeddle therewith, neither fhall the fame be subject or liable to his controul, debts, or engagements, and that the receipt or receipts of the faid Intended Wife, figned with her proper hand, fhall from time to time, notwithstanding her intended Coverture, be a good and fufficient difcharge for fo much

of

The gentleman

agrees not to intermeddle; and that thelady's receipts fhall be valid.

Remainder as to faid intereft, for bufband for life.

And after the decease of the

point.

of the faid intereft as fhall be therein acknowledged or expreffed to be received. And from and after the decease of the faid Intended Wife, THEN IN TRUST, that they the faid Trustees, and the furvivors and furvivor of them, and the executors and administrators of fuch furvivor, fhall and do, permit and fuffer, and fufficiently authorize and impower the faid Intended Husband and his affigns, to receive the faid intereft for and during his life, for the proper use and benefit of the faid Intended Husband and his affigns. And from and after the decease of the furvivor of them the faid Intended Wife and her Intended Husband, THEN IN TRUST, that they. the faid Trustees, or the furvivors or furvivor of them, or furvivor the prin- the executors or adminiftrators of fuch furvivor shall and cipal to go to the children, as their do transfer and affign the faid £.16,900, secured by the faid father and mother mortgage, unto, between, or amongst all and every, or by deed shall apany fuch one or more child or children of the body of the faid Intended Husband on the body of the faid Intended Wife to be begotten, at fuch time or times, and in fuch fhares and proportions, and fubject to, with and under fuch conditions, reftrictions, and limitations over, the same to be for the benefit of fome one of fuch child, or children as they the faid Intended Husband and his Intended Wife, at any time or times, by any deed or deeds, writing or writ ings, to be by both of them fealed and delivered in the prefence of two or more credible witneffes, fhall jointly, In default of ap- direct, limit, or appoint. And in default of fuch joint dipointment to the rection, limitation, or appointment, then, as to fo much. children as test of the premifes whereof no fuch direction, limitation, or apwith benefit of pointment fhall be made IN TRUST, to transfer and affurvivorship, &c. fign the fame unto, between, and amongst all and every the. child and children of the body of the faid Intended Husband on the body of the faid Intended Wife to be begotten, equally to be divided between and amongst them, if more than one, fhare and share alike, and if there shall be but one fuch child, then to such one child for their, his, or her portions or portion, the fame to be transferred and affign-.. ed to fuch child or children, at the time or times, and in manner following, that is to fay, the part or fhare, parts wefting the por- or fhares, or portion of fuch of the faid children as shall be a daughter or daughters, to be transferred and affigned at her or their age or respective ages of twenty-one years, or day or days of marriage which fhall first happen, and the part or fhare, parts or fhares, or portion of fuch of

ants in common

Provifions for

tions.

them