Power to vary investments.

Trust of

wife's pro

separate use during the joint lives.

tors and administrators of such survivor, shall either permit all or any of the said several sums of £- £ per cent. Bank Annuities, £- £ per cent. Railway Preference Stock, and £- -£- per cent. Railway Debenture Stock, or any part or parts thereof respectively, to remain unaltered, or shall [power to vary securities with consent or at discretion, supra, p. 277]; AND SHALL pay the income of the said perty for her bank annuities, and of the monies, stocks, funds, shares, and securities, into or for which the same, or any part thereof, may be converted or transposed unto the said C. D., during the joint lives of herself and the said A. B., for her separate use, independently of the said A. B., and her receipts alone shall be sufficient discharges, and she shall not have power to deprive herself thereof in anticipation; AND after the death of either of them, the said A. B. and C. D., to the survivor of them during his or her life; AND shall pay the income of the said Railway Preference Stock, and Railway Debenture Stock, and him during of the monies, stocks, funds, shares, and securities into, or for which, the same, or either of them, or any part or parts thereof respectively, may be converted or transposed, unto the said A. B. during the joint lives of himself and the said C. D., and after the death of either of them, the said A. B. and C. D., to the survivor of them, during his or her life; AND after the death of the survivor of them, the said A. B.

-for sur

vivor for life;

Trust of husband's property for

joint lives;

-for the

survivor for life;

and C. D., shall hold the said Bank Annuities, Railway Preference Stock, and Railway Debenture Stock, and the monies, stocks, funds, shares, and securities, into or for which the same, or any of them, or any part or parts thereof respectively, may be converted or transposed, and the income thereof, IN TRUST for [the issue of the marriage as the husband and wife or the survivor shall appoint. In default of appointment for the children of the marriage. Hotchpot clause, power of advancement, maintenance, and accumulation clauses, supra, pp. 278-280]. AND IT IS HEREBY AGREED, that, if there shall be no child of the said intended marriage, who, being a son, shall attain the age of twenty-one years, or being a daughter shall attain that age, or marry under that age, then, without prejudice to the trusts herein before declared, the said trustees or trustee shall hold the said bank annuities, and the monies, stocks, funds, shares, and securities, into or for which the same, or any part thereof, may have been converted or transposed, and the income thereof, or so much thereof respectively as shall not have become vested or been applied under any of the trusts or powers herein contained, UPON THE TRUSTS following, that is to say [trust for wife surviving, or for her next of kin if the husband survives, supra, p. 281]; AND SHALL hold the said Railway Preference Stock, and Railway Debenture Stock, and the monies, stocks, funds, shares, and securities, into or for

to settle

after-acquired property of the

wife.

which the same, or either of them, or any part or parts thereof respectively, may have been converted or transposed, and the income thereof, or so much thereof respectively as shall not have become vested or been applied under any of the trusts or powers herein contained, from and after the death of the said C. D., and such default or failure of children as aforesaid, which shall last happen, IN TRUST for the said A. B., his executors, Agreement administrators, and assigns. AND IT IS HEREBY AGREED, that, if the said C. D. now is, or if, during the said intended coverture, she, or the said A. B., in her right, shall at one time and from one source become seised or possessed of, or entitled to, any real or personal property of the value of £ or upwards for any estate or interest (except jewels, plate, personal ornaments, or chattels of a similar nature, which it is hereby agreed shall belong to the said C. D., for her separate use), THEN, and in every such case, the said A. B, and C. D., and all other necessary parties, shall, at the cost of the trust estate, as soon as circumstances will admit, do all such acts and things as shall be necessary or expedient for effectually vesting the same in the said trustees or trustee, UPON TRUST that they or he shall, in such manner as they or he shall think fit (but as to reversionary property, not until it shall fall into possession, unless it shall appear to them or him. that the trust estate will probably be injured by

deferring the sale) sell or call in and convert into money so much of the said property as shall not consist of money or of investments of a nature herein before authorised, or of an annuity or annuities or other estate or interest determinable with the life of the said C. D.; AND SHALL stand possessed of the net monies produced by such sale, calling in and conversion, and of so much of the said property as shall consist of money or of such investments as aforesaid, and of the income thereof respectively upon the trusts, and with and subject to the powers and provisoes herein before declared, concerning the monies to arise from the sale of the said bank annuities, and the stocks, funds, shares, and securities in or upon which the same may be invested, and the dividends and income thereof respectively; AND UPON TRUST that the said trustees or trustee shall pay and apply any annuity or annuities, and the income of any other estate or interest determinable with the life of the said C. D., to the persons and in the manner to whom and in which the income of the said trust premises, the trusts whereof are lastly hereinbefore declared, shall be applicable under the same trusts; but with power for the said trustees or trustee at any time, with the consent in writing of the said C. D., to sell the same as they or he shall think fit, so, nevertheless, that the net monies produced thereby be held upon the trusts, and with and subject to the powers and provisoes here

inbefore declared concerning so much of the personal estate of or to which the said C. D. now is, or she or the said A. B., in her right, shall become seised, possessed, or entitled, as aforesaid, as shall originally consist of money, [clause nominating persons to appoint new trustees, supra, p. 281]. IN WITNESS &c.

Parties.

Recital of mortgage.

LXXIII.

ASSIGNMENT to TRUSTEES in contemplation of
MARRIAGE, and upon trusts to be declared by a
SETTLEMENT of EVEN DATE of a SUM of money
secured upon MORTGAGE.

THIS INDENTURE, made &c., BETWEEN A. B., of &c. [intended husband], of the first part, C. D., of &c. [intended wife], of the second part, and E. F., of &c., G. H., of &c., and I. K., of &c. [trustees], of the third part. WHEREAS, by an indenture, dated the day of and expressed to be made between X. Y. [the mortgagor], of the one part, and the said A. B., of the other part, in consideration of £- to the said X. Y., paid by the said A. B., the said X. Y. covenanted with the said A. B., his executors and administrators for payment on the day of

then next, to the said A. B.,