the said Judge, as appears by the signature of the chief SETTLEMENTS. clerk in the margin hereof.

No. XXXIII.

NOW THIS INDENTURE WITNESSETH that in obedience to the aforesaid Order of the Chancery Division of the First testatum. High Court of Justice, and in consideration of the said Assignment by intended marriage, the said C. D. (a), with the privity of

the said Lord B., hereby assigns, and the said Lord B. AS SETTLOR hereby assigns and confirms unto the trustees herein before named:

wife

of her share in portion

First, All that the moiety to which the said C. D. is now, or will upon the solemnization of the said marriage, become entitled as aforesaid in the said sum of £ raisable for portions under the trusts of the aforesaid term of five hundred years in the said estates at &c., devised by the will of the said E. D.; Secondly, All that the moiety to which the said C. D. and in estate is now or will upon the solemnization of the said marriage become entitled as aforesaid of the net residue of the money to arise from the sale and conversion of the freehold, copyhold, and leasehold estates of the said testator at &c., and of the testator's residuary personal estate (if any):

of testator;

of income due so as to be

And also all arrears of income which on the day of the and all arrear solemnization of the said marriage shall be due to the said C. D. in respect of the said shares and premises capitalised. hereby assigned, and so that such arrears of income shall, as from the day of the said marriage, merge in and be added to and considered as part of the capital of the said shares and premises hereby assigned,

TO HAVE AND RECEIVE the premises unto the trustees Habendum. Upon trust for the said C. D. until the said intended Upon trust for marriage, and after the solemnization thereof upon the wife until the trusts hereinafter declared concerning the same.

AND THIS INDENTURE ALSO WITNESSETH that in obedience to the said order, and in consideration of the said

(a) The Court can, under the Act, enable the infant to assign, but, it is conceived, cannot enable the infant to give a mere covenant, therefore she is not made to assign AS SETTLOR.

R

marriage.

Second

testatum.

Trusts after marriage.

XXXIII.

SETTLEMENTS. intended marriage, the said C. D. and Lord B. hereby No. direct, and the trustees hereby declare and do agree with the other parties hereto, That the trustees will after the solemnization of the said intended marriage stand possessed of the said shares, arrears of income, and premises herein before assigned to them Upon the trusts following, (that is to say,)

For investment and varying investments.

Trusts to pay
income to
wife for her

separate use
for her life,
and then to
husband for
his life.

Upon trust that the trustees or the survivors or survivor of them, or the executors or administrators of such survivor, or other the trustees or trustee for the time being of these presents, hereinafter called the trustees or trustee, shall either permit the said shares, arrears of income, and premises herein before assigned, or any part thereof, to remain in their present investments or condition, or shall as soon as convenient obtain payment or transfer of the moneys or investments representing the premises or any of them, or any part or parts thereof, when and as the same shall respectively become payable or transferable, and as regards investments of which transfer shall be so obtained, shall either retain the same or shall, with the consent of the said Lord B. and C. D. during their joint lives, or of the survivor of them during his or her life, and after the death of the survivor at the discretion of the trustees or trustee, sell, call in, or convert into money the same or any of them, and shall with the like consent or at the like discretion invest the money arising thereby, and also any money received in respect of the premises, in the names or name of the trustees or trustee. In or upon [Investment Clause, Form No. 18.]

AND IT IS HEREBY AGREED that the trustees or trustee shall stand possessed of the premises herein before assigned, or the investments representing the same, hereinafter called the trust fund, and of the annual income thereof, Upon the trusts following, (that is to say,)

[Trust for wife for life, and then for husband for life, Form No. 21.]

And after the death of the survivor of the said C. D. and Lord B., IT IS HEREBY AGREED that the capital of the trust fund shall be held In trust for [issue of mar

riage, as husband and wife or survivor shall appoint, from SETTLEMENTS. Form No. 24.]

No. XXXIII.

Then for issue husband and wife or

of marriage as

survivor shall

appoint. In default of to all children

appointment

And in default of and until and subject to any such appointment, In trust for all or any of the children of the said intended marriage (except an eldest or only son, and except any other son who before attaining the age of twenty-one years shall succeed to the title of Baron B.), who being sons or a son attain the age of twenty-one years, or being daughters or a daughter attain that age or marry under it, and if more than one in equal shares; and if there should be no child who attains a vested interest under the aforesaid trust in default of appointment, then In trust absolutely for the first or only son (if then for him. any) of the said intended marriage who attains the age of twenty-one years and also succeeds to the title of Baron B.

[Hotchpot clause from Form No. 24.

Advancement clause, Form No. 26.]

of marriage, except son, succeeding to title. If he

is only child,

AND IT IS HEREBY AGREED that if there shall be no Trust in

children for

child of the said intended marriage who attains a vested default of interest under the trusts in default of appointment wife. herein before contained, then subject to the trusts and powers herein contained, the trust fund, and the income and statutory accumulations (if any) of the income thereof, or so much thereof respectively as shall not have become vested or been applied under any trust or power herein contained or under any statutory power, shall after the death of the said [husband], and such failure of children as aforesaid, be held In trust [trusts of the wife's trust fund, Form No. 30, but say, the trust fund, instead of the wife's trust fund].

PROVIDED always, and it is hereby agreed, that the trustees or trustee shall after the solemnization of the said marriage, out of the trust funds coming to their hands under these presents, raise the following sums and apply or pay the same as hereinafter mentioned, (that is to say,) First, the trustees or trustee shall and they or he are hereby required to raise a sum of £ and to pay the same to the aforesaid guardians of the said C. D. or the survivor of them, to be by them or him applied in

Direction to raise money

for the outfit

of wife, and

costs.

SETTLEMENTS. discharging the cost of the outfit of the said C. D. preNo. paratory to her marriage, and all liabilities connected XXXIII. therewith, and the surplus (if any) of the said sum of £ after answering the purposes aforesaid, shall be paid by the said guardians or guardian to the said C. D. for her separate use, but the receipt of the said guardians or guardian shall be a complete discharge to the trustees or trustee for the said sum of £

Statement in writing as to amount to be conclusive.

No. XXXIV.

Policy on husband's

life.

Secondly, the trustees or trustee shall and they or he are hereby required to raise such sum as they or he shall deem proper for the purpose of discharging the costs and expenses of all parties of and incidental to the preparation, execution, and completion of these presents, and the herein before mentioned indenture of even date herewith, and of and incidental to any proceedings in the said action of P. v. Q. with reference thereto or to the said marriage, and the statement in writing of the trustees or trustee as to the amount of all such costs and expenses shall be conclusive that the amount mentioned in such statement is the proper amount, and shall be binding on all persons claiming under these presents, And the amount so to be raised as aforesaid shall be applied by the trustees or trustee in discharge of the costs and expenses aforesaid.

[Add power for wife to make a settlement on future marriage, Form No. 33; Agreement to settle other property of wife, Form No. 35; Power to husband and wife and survivor to appoint new trustees, Form No. 46; and other powers and provisions required, from Preced. XXXI. ante.] In witness &c.

ANTE-NUPTIAL SETTLEMENT OF POLICY ON HUSBAND'S
LIFE. (Witnessing part.)

[Prior witnessing parts of settlement by husband of the husband's trust fund, and by wife of the wife's trust fund, as in Preced. XXXI.; or witnessing part of settlement by wife of the trust fund, her settled fund being the only fund settled and so called, as in Preced. XXXIII.]

AND THIS INDENTURE ALSO WITNESSETH that in con- SETTLEMENTS. sideration of the said intended marriage the said [husband] AS SETTLOR hereby assigns unto the trustees

ALL THAT POLICY of assurance effected in his own name and on his own life for the sum of £

the

£

No. XXXIV.

Assignment of

with

policy on husband's life.

day of

and at the annual premium of
and all other

and the said sum of £ money to become payable thereunder :

TO HOLD to the trustees upon trust as soon as may be after the death of the said [husband] to get in and receive the money thereby assured, and stand possessed of the net residue thereof after discharging all costs and expenses of recovering and receiving the same, UPON THE TRUSTS, and subject to the powers and provisions hereinbefore declared concerning money forming part of the husband's trust fund [or if there be no such fund settled, say, the trust fund in favour of the said [wife] and the issue of the said intended marriage, but with this variation (a), That if there should be no child of the said intended marriage who attains a vested interest under the trusts herein before contained in default of any appointment by the husband and wife, or the survivor of them, then subject to the trusts and powers herein contained, the said policy or the money received thereunder and the investments representing such money and the income and statutory accumulations (if any) of the income thereof, or so much thereof respectively as shall not have become vested or been applied under any trust or power hereinbefore contained or under any statutory power, shall be held in trust for [husband] absolutely.]

[Add covenant by husband to keep up policy, Form No. 34.]

(a) This variation applies only if there is no husband's trust fund settled.

Notice of this assignment should be given to the Insurance Company.