APPENDIX (C). (Referred to, ante, pp. 341, 362, 373, 478.) Marriage Settlement of Stock and of a Share of a Testutor's Date; parties. THIS INDENTURE made the 13th day of July 1894 BETWEEN A. B. [intended husband] of [description] of the first part C. D. [intended wife] of [description] of the second part and E. F. of [description] and G. H. of [description] who are in these presents referred to as "the trustees" of the third part Recitals. WHEREAS a marriage is intended to be solemnized between the said A. B. and C. D. AND WHEREAS in pursuance of an agreement in that behalf entered into upon the treaty for the said intended marriage the said A. B. has transferred the sums of stock described in the schedule hereto into the names of the trustees to the intent that the trustees shall stand possessed thereof UPON TRUST for the said A. B. until the said intended marriage and after the solemnization thereof upon the trusts hereinafter declared and subject to the provisions hereinafter contained concerning the same AND WHEREAS L. D. late of [description] by his last will dated the 23rd day of January 1890 after bequeathing divers specific and pecuniary legacies and annuities devised and bequeathed all the residue of his real and personal estate unto and to the use of J. K. and L. M. their heirs executors administrators and assigns upon trust for sale and conversion into money and for payment thereout of his funeral and testamentary expenses and debts and the legacies and annuities bequeathed by his will and the legacy duty thereon and declared that subject thereunto his residuary estate should be in trust for his daughters E. D. F. D. and the said C. D. to be equally divided between them and appointed the said J. K. and L. M. executors of his said will AND WHEREAS the said L. D. died on the 1st day of August 1893 and his said will was proved on the 6th day of December 1893 in the principal registry of the Probate Division of the High Court of Justice by both the said executors (a) AND WHEREAS upon the treaty for the said intended marriage it was agreed that the said C. D. should assign the said share of the residuary share of the said L. D. to which she is entitled under the said will to the trustees upon the trusts hereinafter declared and subject to the provisions hereinafter contained concerning the same and that she should enter into the agreement hereinafter contained for the settlement of other property to which she may now be or may hereafter during her intended coverture become entitled (b) of share of estate. NOW THIS INDENTURE WITNESSETH that in pursuance of 1st testatum : the said agreement in this behalf and in consideration of Assignment the said intended marriage (c) the said C. D. doth hereby residuary assign as SETTLOR (d) unto the trustees (e) ALL THAT the share and interest of the said C. D. under the said will of the said L. D. in any real or personal estate which now is or may at any time become subject to the trusts of the said will TO HAVE AND ΤΟ HOLD the same premises unto the Habendum. trustees UPON TRUST for the said C. D. until the said intended marriage and after the solemnization thereof upon the trusts hereinafter declared and subject to the provisions hereinafter contained concerning the same trusts. AND THIS INDENTURE ALSO WITNESSETH that in further 2nd testatum: pursuance of the agreement entered into upon treaty for Declaration of the said intended marriage and for the consideration aforesaid it is hereby agreed and declared that after the solemnization of the said intended marriage the trustees (f) shall either permit the sums of stock described in the To permit schedule hereto or any of them or any part or parts thereof (a) See ante, pp. 418-420. (b) See ante, pp. 372-374, 477. (c) See ante, p. 375. (d) See Williams's Conveyancing Statutes, 74, 86. (c) See ante, pp. 386, 387. present in vestments to remain, or to into money. respectively to remain in their present state of investment or shall at any time or times with the consent of the said convert them 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 trustees (g) sell or convert into money the said sums of stock or any of them or any part or parts thereof respectively. For investment. Power to vary AND SHALL with such consent or at such discretion as aforesaid invest any money which shall be so produced and any money which shall be received by the trustees in respect of the said share of the residuary estate of the said L. D. hereinbefore assigned and any other money which may be or become subject to the trusts of these presents and which ought to be invested in the names or under the legal control of the trustees in any of the public stocks or funds or government securities of the United Kingdom or India or any colony or dependency of the United Kingdom or upon freehold copyhold leasehold or chattel real securities in England or Wales or in or upon any stocks shares mortgages debentures or securities of any corporation company or public body municipal local commercial or otherwise in the United Kingdom or India or any colony or dependency of the United Kingdom but not in any other mode of investment (h) AND MAY with such consent or at such discretion as investments. aforesaid from time to time vary or transpose all or any of the investments of the property for the time being subject to the trusts of these presents for or into any other or others of the description hereby authorized (i) To pay income of fund settled by husband to him for life then to wife for life. To pay in come of fund AND SHALL PAY THE INCOME of the sums of stock described in the schedule hereto and of the investments thereof to the said A. B. during his life and after his death to the said C. D. during her life (k) AND SHALL PAY THE INCOME of the said share of the residuary estate of the said L. D. herein before assigned (g) See preceding note. (h) See Williams on Settlements, 170; Davidson, Proc. Conv. i. 299, 5th ed. (i) See Williams on Settlements, 175. (k) See ante, p. 478; Williams on Settlements, 149. and of the investments thereof to the said C. D. during settled by her life and after her death to the said A. B. during his wife to her life (1) for life then to husband for life. Trusts for the AND AFTER THE DEATH of the said A. B. and C. D. shall stand possessed of the sums of stock described in the issue and schedule hereto and the said share of the residuary estate children of the marriage. of the said L. D. hereinbefore assigned and the investments and income thereof respectively IN TRUST for all or such one or more exclusively of the others or other of the issue (whether children or more remote) of the said intended marriage such remoter issue to be born during the lives of the said A. B. and C. D. or the life of the survivor of them or within twenty-one years after the death of such survivor (m) at such age or time or respective ages or times if more than one in such shares and with such future or executory or other trusts for the benefit of the said issue or some or one of them and with such provisions for their respective advancement (either overreaching the interests prior to this power or not) or maintenance or education at the discretion of the trustees or trustee for the time being of these presents or of any other persons or person and upon such conditions with such restrictions and in such manner as the said A. B. and C. D. shall by any deed or deeds or writing or writings sealed and delivered with or without power of revocation and new appointment jointly appoint AND IN DEFAULT of any and subject to every such appointment then as the survivor of them shall in like manner or by will or codicil appoint (n) AND IN DEFAULT of any and subject to every such appointment IN TRUST for all the children or the only child of the said intended marriage who being sons or a son shall attain the age of twenty-one years or being daughters (7) See ante, pp. 477, 484486; Williams's Conveyancing Statutes, 418, 419; Williams on Settlements, 127, 128, 149. Α general restraint on anticipation is inserted further on. (m) See ante, pp. 347, 354356. (n) See ante, pp. 349-356, 477, 478; Williams on Settlements, 150-160. Hotchpot clause. Advancement clause, Trusts n default of children. As to fund settled by husband. or a daughter shall attain that age or marry under that age and if more than one in equal shares (0) PROVIDED ALWAYS that no child who or whose issue shall take any part of the said trust premises under any appointment in pursuance of either of the powers lastly hereinbefore contained shall in default of appointment to the contrary have or be entitled to any share of the unappointed part of the said trust premises without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly (p) PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that it shall be lawful for the trustees after the death of the said A. B. and C. D. or in their his or her lifetime with their his or her consent in writing to raise any part or parts not exceeding altogether one-half of the then expectant or presumptive or vested share of any child of the said intended marriage under the trusts herein before declared and to pay or apply the same for his or her advancement or benefit as the trustees shall think fit (2) AND IT IS HEREBY AGREED AND DECLARED that if there shall be no child of the said intended marriage who being a son shall attain the age of twenty-one years or being a daughter shall attain that age or marry under that age then (subject and without prejudice to the trusts herein before declared) the trustees shall stand possessed of the said trust premises and the income thereof or so much thereof respectively as shall not have become vested or have been applied under any of the trusts or powers herein contained upon the trusts following (that is to say) AS TO the sums of stock described in the schedule hereto and the investments and income thereof or so much thereof respectively as shall not have become vested or have been applied under any of the trusts or powers herein contained (0) See ante, pp. 357, 477; Williams on Settlements, 160— 164. (p) See ante, p. 351; Williams Settle on Settlements, 164-166. |