HUSBAND AND WIFE RESPEC TIVELY BY ANY of such appointment FOR ISSUE OF of the said A. B., whether by his now intended marriage or by any future marriage, at such ages or times, or age or time (not being earlier as to any object of this power than his or her age of twenty-one years or day of marriage), in such shares, if more than one, upon such conditions, and in such manner as the said and in default A. B. shall by any deed or deeds, or by his will appoint: [AND in default of such appointment, and so far as any such appointment shall not extend, then IN TRUST for such child, children, or remoter issue of the now intended marriage at such ages or shall by deed times, age or time (not being earlier as to any object of this or will appoint; power than his or her age of twenty-one years or day of marriage), in such shares, if more than one, upon such conditions, and in such manner as the said C. D., if she shall survive the said A. B., shall, by any deed or deeds, or by her will then for issue of intended marriage as wife surviving of such appointment for children of intended mar riage equally. and in default appoint] (f): AND in default of such appointment, and so far as any such appointment shall not extend, IN TRUST for all the children of the now intended marriage (g) who, being sons, shall attain the age of twenty-one years, or being daughters shall attain that age or marry under that age, in equal shares, and if there shall be only one such child, the whole to be in trust for that one child AND if, &c. (Ultimate trust for husband absolutely, suprà, p. 270). Corresponding trusts of wife's trust funds. 5. THE trustees shall pay the income of the wife's trust funds to, &c. (wife for life for her separate use, without power of anticipa tion, and after her death to husband for life, suprà, p. 273), and if the said C. D. shall marry again, she may by any deed or deeds, or by her will, appoint that after her decease the said income or any part thereof shall be paid to any future husband of hers who may survive her during his life or for any less period. 6. AFTER the decease of the survivor of the said A. B. and C. D., and subject to any appointment which may be made to a future husband as aforesaid, the trustees shall stand possessed of (f) The words in brackets will be omitted if, as is not unusual in such a case, the wife is not to have a power of appointment. (g) Sometimes the trust in default of appointment is extended to the issue of a future marriage. This necessitates the insertion of a power of revocation in the event of there being a failure of issue of this marriage. The same object is attained in a simpler way by confining the trust to the children of the present marriage, leaving the husband to provide for the children of a future marriage by an exercise of his power. the wife's trust funds, IN TRUST, &c. (Trusts for issue of wife by present or future marriage as she shall by deed or will appoint [and in default of such appointment, for issue of intended marriage as husband if he survives wife shall by deed or will appoint], and in default of such appointment, for children of wife by present marriage equally, as in Article 4, mutatis mutandis). AND if, &c. (Ultimate trust for wife or her appointees by will, or next of kin, suprà, p. 293.) FOR ISSUE OF WIFE RESPEC TIVELY BY ANY HUSBAND AND MARRIAGE. clause. 7. No child who or any of whose issue shall take a share of Hotchpot any of the trust funds hereby settled under any appointment made by virtue of the foregoing powers in that behalf or any of them, shall take any share in the unappointed part, if any, of the said trust funds without bringing the share or shares appointed to him or her as to his or her issue into hotchpot and accounting for the same accordingly unless the persons or person making such appointment shall thereby direct the contrary. clause. 8. THE trustees may at any time or times raise any part or Advancement parts not exceeding together a moiety of the vested or presumptive share of any child or grandchild of the said A. B. and C. D. or either of them, and may apply the money to be so raised for the advancement, preferment, or benefit of such child or grandchild as the trustees shall think fit, but so that no such advancement shall be made during the continuance of any prior interest or interests under these presents in the money proposed to be advanced without the consent in writing of the person or persons having such prior interest or interests. (Agreement to settle other property of wife, investment and appointment of new trustees clauses, and settlement to be void if marriage not within twelve months, suprà, pp. 293-296.) IN WITNESS, &c. VOL. II. Y CONVEYANCE OF UNDIVIDED SHARE IN REMAINDER OF FREEHOLDS AND LEASEHOLDS, IN TRUST FOR SALE. Parties. No. XVIII. CONVEYANCE and ASSIGNMENT by the intended HUSBAND of an UNDIVIDED SHARE IN REMAINDER of FREEHOLDS and LEASEHOLDS to TRUSTEES on trust to SELL, either AFTER the determination of the PRIOR LIFE EState, or DURING its CONTINUANCE with the concurrence of the TENANT FOR LIFE, and to hold the PROCEEDS upon the TRUSTS declared by a DEED of EVEN DATE. day of BETWEEN THIS INDENTURE made the 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 a marriage has been agreed upon and is intended shortly to be solemnized between the said A. B. and the said C. D.: AND WHEREAS (Recite will of X. Y. under which A. B. is entitled to an undivided third share of freeholds and leaseholds, subject to the life interest of R. B., his father): AND WHEREAS upon the treaty for share of free- the said intended marriage it was agreed that the said undivided part or share of the said A. B., of and in the said freehold and leasehold hereditaments should be conveyed and assigned unto the said E. F., G. H., and I. K., upon the trusts and with and subject to the powers and provisions hereinafter declared and contained concerning the same: NOW THIS INDENTURE WITNESSETH as follows: Recite agreement that holds and leaseholds should be conveyed and assigned to trustees. Witnessing part. Husband conveys (subject to 1. In consideration of the said intended marriage, the said cony share A. B. as settlor hereby conveys unto the said E. F., G. H., and I. K. (hereinafter called "the trustees"), ALL THAT the one undivided third part or share of the said A. B., of and in ALL &c. (Freehold parcels): TO HOLD the same (subject to the said estate for life therein of the said R. B.) unto and to the use of the trustees in fee simple, IN TRUST for the said A. B., in fee simple, until the said intended marriage: AND FROM and after the said marriage, UPON THE TRUSTS and with and subject to the powers and provisions hereinafter declared and contained concerning the same. CONVEYANCE OF UNDIVIDED SHARE IN REMAINDER OF FREEHOLDS 2. IN consideration of the said intended marriage, the said A. B. as settlor hereby assigns unto the trustees, ALL THAT the one undivided third part or share of the said A. B. of and in ALL THAT, &c. (describe leasehold parcels as in lease); ALL which hereditaments and premises were by an indenture dated the day of and made between, &c. (parties), demised unto the said (testator), for the term of ninety-nine years thence assigns unnext ensuing, at the yearly rent of £- and subject to the divided share AND LEASE- Husband of leaseholds covenants and conditions in the said indenture of lease con- to trustees, tained, and on the part of the lessee to be observed and per- prior life subject to formed (and all the estate): TO HOLD the same unto the trustees interest. for the residue now unexpired of the said term of ninety-nine years, subject to the said estate for life therein of the said R. B., and subject also to a proportionate part of the said yearly rent of £, reserved by the said indenture of lease, and to the covenants and conditions in the same indenture contained, and on the part of the lessee to be observed and performed, so far as the same affect the said undivided share hereby assigned, or. expressed so to be. Nevertheless, IN TRUST for the said A. B. until the said intended marriage; AND from and after the said marriage, upon the trusts, and with and subject to the powers and provisions hereinafter declared and contained concerning the same. hold share of In trust to 3. THE trustees shall, upon the request in writing of the said Trustees shall A. B. during his life, and after his decease then upon the request freeholds and in writing of the said C. D. during her life, and after the decease leaseholds. of the survivor of the said A. B. and C. D. at the discretion of sell. the trustees, sell the undivided part or share hereby conveyed and assigned of and in the said freehold and leasehold premises respectively, either alone or in conjunction with the other undivided parts or shares of the said premises, or any or either of them, as the trustees shall think fit, and shall receive all the moneys to arise from the sale of the said undivided part or share, and shall with and out of the said moneys in the first place pay and retain the costs and expenses attending such sale, and shall stand possessed of the residue of the said moneys, and also of the rents and profits of the said undivided part or share of and in the said premises, from and after the decease of the said R. B., and until the sale thereof, upon such trusts, and with and subject to such powers and provisions, as are or shall be declared OF UNDIVIDED CONVEYANCE Concerning the same in and by an indenture already prepared and engrossed, bearing or intended to bear even date with REMAINDER OF these presents, and made or intended to be made between, &c. SHARE IN FREEHOLDS AND LEASE- Power to lease. Power of leasing, &c., may be exercised without leave of Court, and without notice to trustees. (parties). 4. UNTIL the said undivided part or share hereby conveyed and assigned of and in all the said freehold and leasehold premises shall be sold as aforesaid, the trustees shall permit the rents and profits, &c. (to be received by husband and wife successively for life, and then to hold same upon trust declared by deed of eren date, suprà, p. 301). 5. THE power of leasing and other powers conferred by section 63 of the Settled Land Act, 1882 (except the power of sale), may be exercised without the leave of the Court, notwithstanding section 7 of the Settled Land Act, 1884 (i), and it shall not be necessary, &c. (no notice of intended lease need be given to trustees, suprà, p. 302). 6. THE power, &c. (Clause as to appointment of new trustees, suprà, p. 296). IN WITNESS, &c. APPOINTMENT Parties. No. XIX. APPOINTMENT in contemplation of a DAUGHTER'S day of THIS INDENTURE, made the18-, BETWEEN N. D., of, &c. (father of intended wife), of the first part, C. D., of, &c. (intended wife), of the second part, A. B., of &c. (intended husband), of the third part, and E. F., of, &c., and G. H., of, &c., and I. K., of, &c. (trustees), of the fourth part: WHEREAS by an indenture of release, dated the day of -, grounded on a lease for a year, and made between the (i) See pp. 248, 302, suprà. (k) See note, suprà, p. 286. |