OF PERSONAL- INTEREST DE- TERMINING ON &c. husband should secure the payment of a sum his death, by of money after covenant; WHEREAS, upon the treaty for the said intended marriage, it was also agreed that the said A. B. should enter into the covenant hereinafter contained for securing to the said E. F., G. H., and I. K., their executors, administrators, and assigns, the payment by the executors or administrators of him the said A. B. of the further sum of £with interest as hereinafter mentioned, to be held upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter declared and expressed, or referred to and contained, of and concerning the same; AND WHEREAS, and for the upon the treaty for the said intended marriage, it was also settlement of agreed that the said A. B. and C. D. should enter into such covenants as are hereinafter contained for the settlement of any other present or after-acquired property of the said C. D.; AND WHEREAS, in pursuance of the said agreement in this behalf, the said A. B. hath effected an assurance in the sum Life Assurance Company, on the B., in the names of the said E. F., policy of assurance bearing date numbered of £- with the the a ; and under the annual premium of £- AND WHEREAS, in pursuance of the said agreement in this behalf, the said C. D., with the privity and approbation of the said A. B., (testified by his being a party to and executing these presents (c)), hath transferred into the names of the said E. F., G. H., and I. K., the said sum of £ در -l. per cent. all other present or after-acquired property of the wife; of the husinsured his life in the trustees' band's having names; of the wife's ferred the stock having transwhich was in her name to the trustees. Witnesseth, assignment by the tees of her part of the mortgage debts, and of the reversionary Bank Annuities. NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement wife to the trusin this behalf, and in consideration of the said intended marriage, she the said C. D., with the privity and approbation of the said A. B., (testified as aforesaid (c)), hath assigned, and by these presents doth assign, unto the said E. F., G. H., and I. K., their executors, administrators, and assigns, THE SAID several sums of £- and £- and all interest henceforth to accrue due on the same (d); AND suin of stock. (c) See supra, p. 310, n. (d). (d) There is no objection in this case to assign by the settlement itself Assigning OF PERSONAL TY, THE HUSBAND'S LIFE INTEREST DETERMINING ON BANKRUPTCY, &c. Habendum to the trustees. Covenants by the husband and wife; -for right to assign; mortgage monies by the settlement. THE SAID one equal fourth part to which the said C. D. is entitled as aforesaid of the said sum of £ £ -, -l. per cent. Bank Annuities, and all dividends to accrue due on the same, after the same shall, under the said will, have become transferable to the said C. D., AND the full benefit of all securities for the said principal sums and interest respectively, and for the said fourth part of the said sum of £ -1. cent. per Bank Annuities, and the dividends thereof, AND ALL THE ESTATE, &c.: TO HAVE, HOLD, RECEIVE, AND TAKE the said sums of £- and and the said one equal fourth part of the said sum of £,l. per cent. Bank Annuities, and the interest, dividends, and annual produce thereof respectively, And all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said E. F., G. H., and I. K., their executors, administrators, or assigns, Upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, declarations, and agreements hereinafter declared, expressed, and contained of and concerning the same respectively: AND EACH of them the said C. D. and A. B. (e), so far as relates to the acts and deeds of herself and himself, and her and his executors and administrators, and of all persons claiming by, from, through, or under her or him respectively, and the said C. D., so far also as relates to the acts and deeds of the said [the testatrix of the stock], doth hereby, for herself and himself, her and his heirs, executors, and administrators, covenant with the said E. F., G. H., and I. K., their executors, administrators, and assigns, THAT for and notwithstanding any act, deed, matter, or thing whatsoever, made, committed, or executed by the the monies due on mortgage; (see supra, p. 333, n. (a)); for the wife's interest not being disclosed by the mortgage deed, but resting solely on the separate instruments recited, the settlement will not, by containing the assignment, become part of the title of the mortgaged estate. (e) It is obviously needful that the husband should join in the covenant for further assurance; and this, therefore, appears to be the most convenient mode of framing the covenants. TY, THE HUS- TERMINING ON &c. ther assurance; said C. D. and [testatrix], or either of them, she the said OF PERSONALC. D. now hath in herself good right, full power, and lawful and absolute authority to assign the said sums of £and £—, and interest, and the said fourth part of the said sum of £per cent. Bank Annuities, and the dividends and annual produce thereof, and all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said E. F., G. H., and I. K., their executors, administrators, and assigns, in manner aforesaid, according to the true intent and meaning of these presents; AND THAT, in case the said intended and for furmarriage shall take effect, the said C. D. and A. B., and each of them, their and each of their executors and administrators, and all and every other persons and person having or claiming, or who shall or may have or claim, any estate, right, title, interest, property, claim, or demand whatsoever, either at law or in equity, of, in, to, or out of the said premises, or any of them, or any part thereof, by, from, under, or in trust for the said C. D. and A. B., or either of them, their or either of their executors or administrators, or by, from, or under the said [testatrix], shall and will, from time to time, and at all times thereafter, upon every reasonable request to be made for that purpose by the said E. F., G. H., and I. K., or the survivors or survivor of them, or the executors or administrators of such survivor, or by any person or persons interested in the premises under these presents, make, do, and execute, or cause to be made, done, and executed, all and every such further and other lawful and reasonable acts, deed, things, devices, transfers, assignments, and assurances in the law whatsoever, for the further, better, more perfectly, and absolutely assigning, transferring, and assuring the said sums of £- - and £- and the interest thereof respectively, and the said fourth part of the said sum of £ -1. per cent. Bank Annuities, and the dividends thereof, and all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said E. F., G. H., and I. K., their executors, administrators, and assigns, and for enabling them to obtain payment and transfer of the same respectively, as by the said E. F., OF PERSONAL TY, THE HUS- TERMINING ON BANKRUPTCY, &c. Witnesseth, further declara perty. wife till mar riage; G. H., and I. K., or the survivors or survivor of them, or the executors or administrators of such survivor, or their or INTEREST, DE- his counsel in the law, shall be reasonably advised or devised and required. AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreements, and in consideration of the said intended martion of trusts of riage, it is hereby agreed and declared between and by the parthe wife's pro- ties to these presents, that the said E. F., G. H., and I. K., their executors, administrators, and assigns, shall stand and be possessed of and interested in the said sums of £ and £, and the said one equal fourth part of the said sum of £ -l. per cent. Bank Annuities, and the said sum of £- like annuities, hereinbefore mentioned to have been transferred into the names of the said E. F., G. H., and I. K., and of and in the interest, dividends, and In trust for the annual produce thereof respectively, IN TRUST for the said C. D., her executors, administrators, and assigns, in the meantime and until the said intended marriage shall be had and solemnized; AND FROM and after the solemnization thereof, Upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter declared, expressed, and contained of and concerning the same respectively, (that is to say), UPON TRUST that they the said E. F., G. H., and I. K., and the survivors and survivor of them, and the executors or administrators of such survivor, do and shall, when and so soon as the said one equal fourth part hereinbefore assigned, or expressed to be assigned, of the said sum of £ Bank Annuities, shall, under the said will of the said able to the said C. D., cause and procure the same fourth part to be transferred into the names of them the said E. F., G. H., and I. K., or the survivors or survivor of them, or the executors or administrators of such survivor; AND DO AND SHALL either permit and suffer the said sums of £- — and £- and the said sum of £- ———, —l. per cent. -afterwards upon trusts for investment and varying securi ties; - either to continue the present securities; —l. have become transfer Bank Annuities, and the said fourth part or share herein before directed to be transferred of the said sum of £— like annuities, or any of the said sums, or any part or parts thereof respectively, to remain in their OF PERSONALactual state of investment, OR DO AND SHALL, as to the said sums of £ and £ -, and £ -l. per cent. per TY, THE HUS- INTEREST DE- &c. -or to change them. Bank Annuities, at any time or times after the solem- BANKRUPTCY, nization of the said intended marriage, and as to the said fourth part or share of the said sum of £-1. cent. Bank Annuities, at any time or times after the same shall have been reduced into possession, with the consent in writing of the said C. D., during her life, and after her death, if the said A. B. shall then be living, and shall become entitled, under the trusts hereinafter contained, to the receipt of the interest, dividends, and annual produce of the said trust monies, stocks, funds, and securities, with the consent in writing of the said A. B., during so long as he shall so remain entitled to receive the interest, dividends, and annual produce of the said trust monies, stocks, funds, and securities, and at all other times during the continuance of the trusts hereby declared, at the discretion of the said E. F., G. H., and I. K., or of the survivors or survivor of them, or of the executors or administrators of such survivor, call in and compel payment of, sell, transfer, and dispose of the said sums of £- and £, and of the said sum of £—, -1. per cent. Bank Annuities, and of the said fourth part, hereinbefore directed to be transferred, of the said sum of £ like annuities, or any of the said sums, or any part or parts thereof respectively, and do and shall, with such consent or at such discretion as aforesaid, lay out and invest the money to arise by any such calling in, payment, sale, transfer, or disposition as aforesaid, in their or his names or name, in the purchase of a competent share or shares of any of the parliamentary stocks or public funds of Great Britain, or at interest upon. government or real securities in England or Wales, (but not in Ireland (ƒ)), with power from time to time (with such consent or at such discretion as aforesaid) to alter, vary, and transpose the same stocks, funds, and securities into or for other stocks, funds, or securities of the same or a like (f) See supra, p. 312, n. (e). |