the consent of the said S. R. W. and L. C., or the survivor of them, or after the decease of the survivor, then at their and his own discretion, lay out and invest the same part, share, moneys, and premises, when so recovered and received as aforesaid, in their or his names or name, in some or one of the parliamentary stocks or funds of Great Britain, or upon government or real securities in England or Wales, and shall and do stand possessed of and interested in the same part, share, moneys, and premises, and the stocks, funds, and securities, wherein or upon which the same shall be invested, and the dividends, interest, and annual produce thereof, upon and for the trusts, intents, and purposes hereinafter expressed and declared of and concerning the same: And it is hereby agreed and declared between and by the parties hereto, that the said [trustees,] their executors, administrators, or assigns, or other the trustees or trustee for the time being, of these presents, shall and do stand possessed of and interested in the said sum of L. bank annuities, and the interest, dividends, and annual proceeds thereof, upon trust for the said S. R. W., his executors, administrators, and assigns, until the said intended marriage shall be had and solemnized; and from and after the solemnization thereof, upon and for the several trusts, ends, intents, and purposes hereinafter declared and contained of and concerning the same. And it is hereby also further agreed and declared between and by the parties hereto, that they, the said [trustees,] their executors, administrators, or assigns, or other the trustees or trustee, for the time being, of these presents, shall and do, from and after the solemnization of the said intended marriage, stand possessed of and interested in the said sum of L. bank annui

ties, so transferred into the names of them, the said [trustees,] in the books of the Governor and Company of the Bank of England, as aforesaid, and also of and in the said one-eleventh or other part or share of and in the said sum of L. hereby assigned, or in

Trusts.

Lady for her separate use.

tended so to be, and of and in the stocks, funds, and securities wherein or upon which the same shall or may be invested, but subject to the life estate of the said C. R. C. therein, and the interest, dividends, and annual produce of the same several trust premises respectively, Upon and for the trusts, ends, intents, and purposes hereinafter declared and contained of and concerning the same; that is to say, upon trust, &c. [The usual trusts in settlements of small properties are for the husband for life, remainder to the wife for life. See first form in page 55; but if the husband is liable to the bankrupt laws, it may be advisable to give the wife the first life estate limited to her separate use, in which case proceed as follows.] Upon trust during the joint lives of the said S. R. W. and L. C. his intended wife, from time to time, as the same shall become due and payable, to pay, &c., [as in second form in page 55,] and from and after the decease of either of them, the said S. R. W. and L. C., who shall first die, upon trust during the then remainder of the natural life of the survivor of them, to pay unto or authorize and empower him, or her, or his or her assigns, to receive and take the dividends, interest, and annual produce of the said trust funds, moneys, and premises, when and as the same shall become due and payable, and from and after the decease of the survivor of them, the said S. R. W. and L. C., then it is hereby agreed and declared, that the trustees or trustee, for the time being, of these presents, shall and do stand possessed of

r

* If the produce to arise from the sale of any real or leasehold estate conveyed by another deed is also comprised, insert herein, “and of and in the moneys to arise from the sale of the messuage lands, and other real estate, hereditaments, and premises comprised in the said recited indenture of even date herewith, and of and in the stocks, funds, and securities wherein or upon which the same moneys and premises may be respectively vested;" in such case the indenture referred to should be shortly recited. For a form of it, and observations on the use of it, see post. 640 and 646.

and interested in the said trust funds, moneys, and premises, and the dividends, interest, and annual

produce thereof, Upon trust for all and every, or any Children acone or more exclusive of the other or others, of the cording to ap child or children, ['grandchild or grandchildren,] of the said intended marriage, [(such grandchildren being born within the limit for such purpose allowed by law,)] in such parts, shares, and proportions, at such age or ages, days or times, and subject to such conditions, restrictions, charges, provisions, and limitations over, for the benefit of some or one of such children, [or grandchildren,] as they, the said S. R. W. and L. C., his said intended wife, at any time or times, during their joint lives, by any deed or deeds, writing or writings, with or without power of revocation, and new appointment to be sealed and delivered by them both, in the presence of, and attested by, two or more credible witnesses, shall jointly direct or appoint; and in default of such joint direction or appointment, or so far as any such shall not extend, then as the survivor of them, the said S. R. W. and L. C. shall, at any time or times, after he or she shall become such survivor, by any deed or deeds, writing or writings, with or without power of revocation, and new appointment to be by him or her sealed and delivered in the presence of, and attested by, two credible witnesses, or by his or her last will and testament in writing, or any codicil or codicils thereto, direct

or appoint; and in default of such direction or appoint- In default of ment, or so far as any such shall not extend, then appointment. upon trust for all and every such child or children of the said intended marriage as, being a son or sons, shall live to attain the age of twenty-one years; or, being a daughter or daughters, shall live to attain that age, or be married, whichever shall first happen ; and if there shall be two or more such children, then equally to be divided between or among them, share

These words would authorize an appointment to the children of a deceased or profligate child.

Hotchpot clause.

Power for maintenance.

and share alike, as tenants in common; and in case there shall be only one such child, who, being a son, shall live to attain the age of twenty-one years, or, being a daughter, shall live to attain that age or be married, then upon trust for such only child; and the said shares or portions to be respectively paid or transferred at the time, the same shall respectively become vested, unless the same shall happen in the lifetime of either of them, the said S. R. W. and L. C., and then, in such case, immediately upon the decease of the survivor of them: But in case any child of the said intended marriage [or the issue of any such child] shall take a share or shares of and in the said trust funds, moneys, and premises, by virtue of or under any appointment to be made by the said S. R. W. and L. C., or the survivor of them, in pursuance of the powers aforesaid, or either of them, then such child shall be entitled to no share of and in the unappointed or remaining part of the said trust funds, moneys, and premises, until he or she shall have brought such share or shares so appointed to him or her, [or his issue,] into hotchpot, or shall have accounted for the same accordingly, unless the person or persons making such appointment shall declare a contrary intention in writing: And if, at the time of the decease of the survivor of them, the said S. R. W. and L. C., his said intended wife, or at any time afterwards there shall be any child or children [grandchild or grandchildren] of the said intended marriage, who, under the trusts aforesaid, or under any appointment to be made by virtue of the same trusts, shall be presumptively or absolutely entitled to a portion, share, or shares, which shall not, for the time being, under or according to such trusts or appointments, be actually payable, then upon further trust, that they, the said trustees or trustee, for the time being, of these presents, shall and do (unless the contrary shall be directed in any such appointment as aforesaid) pay or apply the annual income of the presumptive or then vested portion or share

tenance

clause.

of every such child, [or grandchild,] or so much of such annual income as the said trustees or trustee, for the time being, shall, in their or his discretion, think proper, for or towards the maintenance, support, and education of such child, [or grandchild,] until such his or her portion or share shall become payable, or he or she shall previously die; and that it shall be lawful for such trustees or trustee, either to apply such annual income to the purposes aforesaid themselves, or in their or his discretion to pay the same to the guardian or guardians, for the time being, of such child [or grandchild] respectively, for the purposes of being so applied, without being liable to see to the application thereof, or to require any account of the application of the same: Provided always, that if, in any year or years, the Surplus mainsaid trustees or trustee, for the time being, of these presents, shall, in pursuance of the said lastly mentioned trust, apply for the maintenance and education of any such child or children [grandchild or grandchildren] less than the annual income to which he, she, or they shall be respectively entitled as aforesaid, then, and in such case, and so often as the same shall happen, the surplus of such annual incomes shall (unless the contrary be directed by any such appointment as aforesaid) be invested in manner aforesaid, and be accumulated, and go in augmentation of the portion, or share or shares, from which the same shall have arisen, and be held under and subject to the same trusts, powers, and provisoes in all respects as such original portion, share, or shares respectively, yet so nevertheless that it shall be lawful for the said trustees or trustee, for the time being, to apply the surplus of the annual income of the portion, share, or shares of any such child or children, [grandchild or grandchildren,] in any preceding year or years, for or towards and in increase of his, her, or their maintenance and education respectively, in any succeeding year or years: Provided always, &c. [insert Advancepower of advancement, see page 62, with the follow

ment.