attorney. £- and £- now owing upon the same bonds respectively, and all interest due and to grow due thereon respectively; and the full benefit of the same bonds respectively; and all the estate and interest of the said E. D. therein. TOGETHER with power for the said E. F., G. H., Power of and I. K., and the survivors and survivor of them, and the executors or administrators of such survivor, their and his assigns, to sue and give receipts for the said sums of £, £ and £, and every part thereof respectively, and all interest due and to grow due thereon respectively, in the name or names of the said E. D., his executors or administrators. To HOLD Habendum. the said premises UNTO the said E. F., G. H., and I. K., their executors, administrators, and assigns, IN TRUST for the said E. D., his executors and administrators, until the said intended marriage, and after the solemnisation thereof, UPON THE TRUSTS hereinafter declared of the same. [Covenant by E. D. for right to assign, and further assurance, supra, p. 303.] AND THIS Declaration INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreements, and for the consideration aforesaid, it is hereby agreed, that after the solemnisation of the said intended marriage, the said E. F., G. H., and I. K., and the survivors and survivor of them, and the executors and administrators of such survivor, shall either allow the said Reduced Bank Annuities, and the said sums of £- £ and £or any of them, or any part or parts thereof In trust for settlor till riage, and the mar after on trusts after declared. of trust. respectively, to remain unaltered, or 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, sell, call in, or convert into money the same, or any of them, or any part or parts thereof respectively, and invest the monies produced thereby, and also the net monies produced by the sale of the said leasehold premises, in the names or name of them or him the said trustees or trustee, in any of the public stocks, or funds, or Government securities of the United Kingdom, or India, or upon freehold, copyhold, or leasehold securities in England or Wales (a) but in no other investment, and may with such consent or at such discretion as aforesaid, vary the said stocks, funds, or securities, into or for others of any nature hereby authorised; AND SHALL pay the income of the said trust premises to the said A. B. and his assigns during his life; AND AFTER his death to the said C. D. and her assigns during her life; AND AFTER the death of the survivor of them, the said A. B. and C. D. shall hold the said trust premises, and the income thereof; In trust [for the issue of the marriage, as husband and wife, or the survivor, shall appoint. In default of appointment, for the children of the marriage. Hotchpot; advancement, maintenance, and accumulation clauses, (a) See more extensive powers of investment, supra, pp. 277, 323, 352. Disposition titled under trusts. husband's supra, pp. 278, 279]. And it is hereby agreed, Di default of that, if there shall be no child of the said in- children entended marriage, who, being a son, shall attain preceding the age of twenty-one years, or, being a daughter, shall attain that age, or marry, then, without prejudice to the trusts hereinbefore declared, the said trustees or trustee shall hold the said trust premises, and the annual 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. As to the said Reduced Bank Annuities, and the net monies produced by the sale of the said leasehold premises, and the stocks, funds, and securities for the time being representing the same respectively, and the income thereof respectively, 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. absolutely. AND AS to the said sums of £- £- and £ and the stocks, funds, or securities for the time being repre senting the same, 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; IF the said C. D. shall survive the said A. B., then R As to the property for lutely. him abso As to the sums settled by the wife's father. wife if she survive. But if she die in her husband's lifetime, in trust for her appoin tees. And in default of appointment for her father. Trust for application of rents of leaseholds till sale. after his death and such default or failure of In trust for children as aforesaid; IN TRUST for the said C. D. absolutely. BUT if the said A. B. shall survive the said C. D., then after his death and such default or failure of children as aforesaid, IN TRUST for such persons as the said C. D. shall, notwithstanding coverture by will or codicil, appoint, And in default of any such appointment, and so far as no such appointment shall extend, IN TRUST for the said E. D. absolutely. AND IT IS HEREBY AGREED, that, until the said leasehold premises shall have been sold the said trustees or trustee shall pay and apply the net rents and profits of the said hereditaments after payment of the rent reserved by the said lease, and all taxes and other necessary outgoings in the manner in which the income of the stocks, funds, and securities herein before authorised for the investment of such net monies would be payable and applicable if the sale and investProviso that ment aforesaid were actually made. PROVIDED ALWAYS, and it is hereby agreed, that after the house con veyed in trust for used as a residence. sale may be solemnisation of the said intended marriage it shall be lawful for the said A. B. during his life, and after his death, if she shall survive him, for the said C. D. during her life, so long as he or she shall think fit, to occupy the said leasehold premises as a residence without paying any additional rent for the same, the said A. B. or C. D. nevertheless paying the rent reserved by the said indenture of lease, and performing and observing the covenants by the lessee, and conditions therein contained, and keeping the said trustees or trustee fully indemnified against all claims, demands, and liability in respect thereof. [Clause nominating persons to appoint new trustees, supra, p. 281]. IN WITNESS &c. LXXXIX. VOLUNTARY SETTLEMENT of REAL and PER- THIS INDENTURE, made &c., BETWEEN A.B., Parties. (a) As to the validity of, and consideration for, voluntary settlements, see Davidson's Prec. Conv. Vol. III. 2nd ed. p. 832, n. (ƒ). Habendum. |