76

Whereas a marriage is intended to be solemnized between the said Peter Grey and the said Jane Smith, and in consideration of such intended marriage the said parties have agreed to bring into settlement, for their benefit and for that of the issue of the said intended marriage, the property following, that is to say: The said Peter Grey hath agreed so to bring into settlement. (Here specify what property the husband brings in.)

And the said Jane Smith hath agreed so to bring into settlement. (Here specify what property the wife brings in.)

And whereas, by two several Indentures of Assignment respectively, being even date herewith (or as the case may be), the said parties hereto of the first and second parts, have conveyed, assigned, transferred and set over, all and singular the said property to the parties hereto of the third part, as trustees for the trusts and purposes hereinafter mentioned, Now, therefore, this Indenture witnesseth, and the parties hereto of the third part, at the request, and by and with the direction and consent of the said parties hereto of the first and second parts, do hereby respectively covenant, declare and agree, to and with the said lastnamed parties, their executors, administrators and assigns, that hey, the said parties hereto of the third part, and the survivors of them, and the executors, administrators and assigns of such survivor shall, and will stand possessed of and interested in the said property so respectively assigned to them as aforesaid: To the uses upon the trusts, and to and for the ends, intents and purposes hereinafter declared, that is to say, upon trust when, and as they, the said trustees shall, from time to time receive, or become entitled to receive, the said property, either to continue the same in its then present state, or, from time to time, call in and convert the same into money, and invest the proceeds thereof in any Government, State, or real security in the United States of America, and, from time to time, to vary the investment thereof, as aforesaid, at their or his discretion; but every such investment or variation to be so made as expressed, to be, from time to time, made with the consent and by the direction of the said Peter Grey, if then living, and upon trust that they, the said trustees do, and shall stand possessed of the said securities, to be so from time to time standing in their or his name or names as aforesaid; and of the interest, dividends, income and annual proceeds thereof, upon trust; to pay such interest, dividends, income and annual proceeds, from time to time, to the said Jane Smith, during her life, for her sole and separate use, as if she were sole and unmarried, apart from the said Peter Grey, her intended husband, and not to be, in any manner, subject to his debts, control or engagements, but without power to her, the said Jane Smith, to anticipate, charge or incumber the And from and after the decease of her, the said Jane

same.

Smith, if the said Peter Grey shall survive her, then, apon trust, to pay the same interest, dividends, income and annual proceeds to him, the said Peter Grey, during his life. And from and after the decease of the survivor of the said two several parties, then to stand possessed of the principal of the same stocks, funds and securities, in trust for the child or children, if any of the sid intended marriage, or for any issue of any such child or children who, at the time of the appointment hereinafter men tioned, shall have died leaving issue, then living, to be divided between or amongst them; if more than one, in such parts, shares or proportions, and to be vested and payable, at such time or times, and in such manner, as the said Peter Grey and Jane Smith shall, by any deed or deeds executed by them, or as the survivor of them shall, by any deed or deeds executed by him or her, or by his or her last will and testament, or by any codicil thereto, from time to time, respectively direct, limit or appoint, Provided, nevertheless, that such powers shall not be exercised in favor of the issue of any such deceased child or children to an extent exceeding the share that their deceased parent or parents would have taken under these presents in default of any exercise of their powers of appointment by the said Peter Grey and Jane Smith, or the survivor of them; and in default of the exercise of the aforesaid powers of appointment, or either or any of them, or so far as such exercise, if incomplete, shall not extend, then it is hereby further declared and agreed that they, the said trustees, shall stand possessed of the aforesaid trust funds upon trust for all and every the children of the said intended marriage, to be equally divided between or amongst them, if more than one; and if one, the whole to go to such one child, the portions of such children to be vested in and payable to them, and transmissible to their issue, if any, on their respectively attaining the age of twenty-one years, or being married, whichever shall first happen, with full power for the said trustees to apply the income of their expectant shares, or any part thereof, for the maintenance or education, or for the advancement in the world, of any such child or children respectively during their respective minorities. And in case there shall be no child or children of the said intended marriage who shall live to attain a vested interest in the principal of the said trust funds as aforesaid, then subject to the aforesaid life interest, and after the determination thereof respectively the said trustees shall stand possessed of the said trust funds, as follows, to wit: As to the trust funds so brought into settlement and assigned to the said trustees by the said Peter Grey, in trust for the executors, administrators or assigns of him, the said Peter Grey, in iike manner as if he had then died unmarried. And as to the trust funds so brought into settlement and assigned to the said trustees by the said

Jane Smith upon trust for the executors, administrators and assigns of her, the said Jane Smith, in like manner as if she, the said Jane Smith, had then died unmarried as aforesaid, with fuli power to her, the said Jane Smith, to dispose of her interest therein, by will or other testamentary writing, notwithstanding her coverture; and to and for no other use, trust, end, interest or purpose whatsoever.

And this Indenture further witnesseth, that in consideration of the premises and of the said intended marriage, the said Peter Grey and Jane Smith do hereby covenant and agree to and with the trustees of these presents that in case any other moneys, property or effects exceeding the sum of five hundred dollars at any one time shall at any time hereafter accrue to or devolve upon the said Jane Smith by any gift, devise, bequest or inheritancce at any time during the said marriage, that then and in every such case and so often as the same shall happen, she the said Jane Smith shall and will from time to time assign, and he, the said Peter Grey, shall and will concur with the said Jane Smith in assigning the same unto the said trustees for the time being of these presents to be held by them upon the trusts hereinbefore declared concerning the property so brought into settlement by her, the said Jane Smith as aforesaid, or such and so many of them as shall be there subsisting, and capable of taking effect in like manner as if the same were originally brought into settlement as aforesaid.

Provided always, and it is hereby declared and agreed that in case at any time the trustees hereby appointed, or either of them or any future trustee or trustees of these presents shall die, be desirous of being discharged from, or refuse, decline or become incapable to act in the trusts hereof, then, and in every such case, it shall and may be lawful to and for the said Peter Grey and Jane Smith or to and for the survivors of them, or after the de. cease of such survivor, then to or for the surviving or continuing trustee for the time being, or the executors or administrators of the last surviving trustee by writing under their, his or her hands or hand to appoint a new trustee or trustees of these presents from time to time so often as the same shall happen, who shall thereupon act in the trusts thereof from time to time either solely or jointly with the surviving or continuing trustee or trustees for the time being in the same manner and with the same powers as if hereby originally appointed, the said trust funds to be therefrom assigned and transferred so as to become vested in the then trustee of these presents accordingly as often as the same shall happen. Provided also, and it is hereby further declared that the said trustees and other the trustee or trustees for the time being of these presents shall each of them be accountable only for his own acts and deeds, and for such part of the said trust estate

as shall actually come to his hands, and that he and they respect. Ively shall not be answerable by reason of the failure of any banker or other agent, or for the insufficiency or failure of any security upon which the said trust estate, or any part thereof, shall be invested, provided such securities shall be of the nature and kind hereinbefore mentioned, or for any other loss that may arise in the trusts aforesaid, save only so far as the same shall arise from his or their own willful negligence or default respectvely.

In witness whereof the parties to these presents have hereunto set their hands and seals the day and year first above written.

Assignment under Preceding Form.

This Indenture, made this tenth day of January, in the year of our Lord one thousand eight hundred and sixty-seven, between Peter Grey of the City, County and State of New York, party of the first part, and William Johnson and James Culver, both of the same place, parties of the second part: Whereas a marriage has been agreed upon, and is about to be solemnized between the said Peter Grey and Jane Smith, of the City of New York aforesaid, and upon the treaty for the said marriage, it was agreed that all the property hereinafter mentioned should be assigned to the parties hereto of the second part, upon the trusts hereinafter declared concerning the same. Now this Indenture wit nesseth that in pursuance of said agreement, and in consideration of the premises, he, the said Peter Grey, doth hereby assign, transfer and set over unto the said parties of the second part, their executors, administrators and assigns, all that (here give a full description of the property) and all the right title, trust, property, claim and demand whatsoever of him, the said Peter Grey, of, in and to the premises hereby assigned or expressed and intended so to be, and every part thereof, together with full power and authority to ask, demand, sue for, recover and receive, and give effectual discharges for the premises and every part thereof. To have, hold, receive and take the premises hereby assigned or intended so to be to them, the said parties hercto of the second part, their executors, administrators and assigns. Upon Trust to stand possessed of the said premises upon the trusts and to and for the ends, intents and purposes, and with, under and subject to the powers, provisions, declarations and agreements of, and concerning the said premises declared ly and contained in a certain other indenture bearing even date herewith and made wetween the said Peter Grey of the first part, the said Jane Smith

of the second part, and the said William Johnson and James Culver of the third part, being the settlement made upon the marriage of the said Peter Grey and Jane Smith, and he the said Peter Grey doth hereby irrevocably appoint the said parties hereto of the second part, or the survivor of them or the executors, administrators and assigns of such survivor his lawful attorney and attorneys to receive, collect and get in the said premises so assigned, and each and every part thereof, and for him, and in his behalf to give, sign and execute full and sufficient receipts, releases, acquittances or other discharges for the same and every part thereof, and which it is hereby declared and agreed shall fully and effectually release and discharge the person or persons paying the same from all liability to see to the application of the moneys therein expressed to be received. And lastly, the said Peter Grey, party hereto of the first part, doth hereby covenant, promise and agree with and to the said parties of the second part, their executors, administrators and assigns, that he, the said party hereto of the first part, shall and will, whenever thereunto requested, make, execute and do all and every such assignments, assurances, acts, deeds, matters and things for the further and better assigning, assuring and vesting the said premises hereby assigned as aforesaid unto and in them the said parties hereto of the second part, and enabling them to receive and collect the same to be held by them upon the trusts aforesaid as by the said parties of the second part shall from time to time be reasonably desired, advised or required.

In witness whereof the said party of the first part to these pres ents hath hereunto set his hand and seal the day and year first above written.

Sealed and delivered in

the presence of

ABIATHAR WELLWOOD,

JOHN T. SNOOKS.

PETER GREY, [L. 8.]

N. B.-If any assignment by the wife, it is expedient, for the purpose of avoiding the possibility of any legal objection, that the husband join with her.*

Article of Separation between Husband and Wife. This Indenture of three parts, made the thousand eight hundred and

day of

one

between A. B., of the city of of the first part, and C. D., his wife, of the second part, and E. F., trustee of the said C. D., of the third part: Whereas, divers

The above have been drawn very fully and with great care, embracing every contingency that would be ordinarily likely to arise. From the preceding forms, almost any other description of settlement can be drawn, as the formal parts are applicable to all settlements, and the changes in the other portions only consis' in conforming them to the facts.