IN TRUST for the said A. B., his heirs and assigns, until the said intended marriage; AND AFTER the solemnisation thereof, UPON TRUST that the said E. F., G. H., and I. K., or the survivors or survivor of them, or the heirs of such survivor, shall, with the consent of the said A. B. and C. D. during their joint lives, and of the survivor of them during his or her life, and after the death of such survivor at the discretion of the said trustees or trustee for the time being, sell the said premises [either together or in parcels, and either by public auction or private contract, and may buy in, or rescind any contract for sale, and re-sell, without being responsible for loss occasioned thereby, and may enter into, execute, and do all such agreements, assurances, and things for effectuating any such sale, as they or he shall think fit] (a). AND IT IS HEREBY DECLARED, that the said trustees or trustee shall hold the monies to arise from any such sale (after payment thereout of all expenses), upon such trusts, and subject to such powers, as shall be declared of the same in a (a) A simple trust to sell, with a nomination of the persons (if any) with whose consent, and an intimation of the time when the sale is to be made, is now sufficient. The provisions contained in the Act 23 & 24 Vic. c. 145, ss. 1, 2, 3 (App. V. infra), having rendered the insertion of further powers superfluous. The words in brackets are, however, still commonly inserted, and are therefore here retained. Power of leasing for twenty-one years. Income of the estate, deed already engrossed, and intended to bear even date with these presents, and to be made or expressed to be made between the same persons as are parties to these presents. AND IT IS HEREBY DECLARED, that the said trustees or trustee may at any time or times, before all the said premises shall have been sold, demise all or any of the same premises at rack-rent for any term of years absolute or determinable, not exceeding twenty-one years, to take effect in possession, or within six calendar months from the date thereof. AND IT IS HEREBY DECLARED, until a sale. that, until all the said premises shall be sold, the said trustees or trustee for the time being shall hold the income thereof, or of the unsold part thereof (after payment thereout of all rates, taxes, expenses of repairs and insurance, and other outgoings), upon such trusts, and subject to such powers, as shall be declared thereof by the said intended deed of even date with these presents. [Covenant by A. B. for right to convey free from incumbrances, and for further assurance, supra, pp. 87, 88, using the word "grant" instead of "surrender." Clause nominating persons to appoint new trustees, supra, p. 281, omitting the additional indemnity.] IN WITNESS &C. THE SCHEDULE referred to in the abovewritten INDENTURE. LXXXVI. SETTLEMENT, on MARRIAGE, of MONEY to arise from REAL ESTATE conveyed to TRUSTEES by a DEED of EVEN DATE, in TRUST for SALE (a). THIS INDENTURE, made &c., BETWEEN A.B., Parties. 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 a marriage is intended to be shortly solemnised marriage; between the said A. B. and C. D. AND WHERE AS, by an indenture bearing even date with, but executed before, these presents, and expressed to be made between [parties], certain heredita ments in the parish of in the county of have been conveyed to the use of the said E. F., G. H., and I. K., their heirs and assigns, in trust for the said A. B., his heirs and assigns, until the said intended marriage, and, after the solemnisation thereof, upon trust for sale; and it is thereby declared that the said E. F., G. H., and I. K., and the survivors and survivor of them, and the heirs, executors, and administrators of such survivor, shall hold the net monies (a) The deed referred to is Precedent LXXXV. Recital of intended -of the conveyance of real estate, by a deed of trustees, in trust to sell, purchase even date, to and hold the money on the trusts of deed. the present Witnesseth declaration of trust of the monies a sale. to arise from such sale, and the net rents and profits, until sale of the said hereditaments, or of the unsold part thereof, upon the trusts to be declared thereof respectively by these presents. NOW THIS INDENTURE WITNESSETH, and it is hereby declared, that the said E. F., G. H., and to arise from I. K., and the survivors and survivor of them, and the heirs, executors, and administrators of such survivor, shall, with the consent in writing of the said A. B. and C. D. during their joint lives, and of the survivor during his or her life, and after the death of such survivor, at the discretion of the said E. F., G. H., and I. K., or the survivors or survivor of them, or the executors or administrators of such survivor, invest the said net monies to arise from any and every sale under the herein before-recited indenture, in their or his names or name, or under their or his legal control, in any of the public stocks or funds or Government securities of the United Kingdom, or upon freehold, copyhold, leasehold, or chattel real securities in England, Wales, or Ireland, [or in or upon the shares, stocks, or securities of any Company or Corporation, whether commercial, municipal, or otherwise, carrying on business or constituted for any purpose in the United Kingdom or India, or any colony or dependency of the United Kingdom], but in no other investment; and that the said trustees or trustee, if and when they or he shall think fit, may, with such consent or at such discretion as aforesaid, vary the said stocks, funds, shares, or securities; AND that the said trustees or trustee shall pay the annual income, &c. [ trusts for wife, husband, issue and children, and in default of children, ut supra, pp. 277, 281]. AND IT IS HEREBY DECLARED, that, until all the said hereditaments shall be sold, the said E. F., G. H., and I. K., and the survivors and survivor of them, and the heirs, executors, and administrators of such survivor, shall pay and apply the net rents and profits of the said hereditaments, or of the unsold part thereof, in the manner in which the annual income of the stocks, funds, shares, and securities aforesaid would be payable and applicable, if such hereditaments had then. been sold, and the net monies arising from such sale had been invested as aforesaid. [Trustee clause, supra, p. 281.] IN WITNESS &c. Declaration of trust of the funds to chased with be pur the monies. Declaration of trust of the rents and profits till sale. LXXXVII. ASSIGNMENT in contemplation of MARRIAGE of a THIS INDENTURE, made &c., BETWEEN A. B., Parties. and I. K., of Recital of WHEREAS by lease. |