ALTY ON TRUSTS FOR HUSBAND AND CHIL DREN. OF PERSON- and in every such case, it shall be lawful for the said A. B. and C. D., during their joint lives, and after the decease of either of them, then for the survivor of them during his or AND WIFE her life, and after the decease of the survivor of them the said A. B. and C. D., for the then trustees or trustee for the time being continuing to act in the trusts aforesaid, or if there shall be no continuing trustees or trustee for the trustees or trustee so desiring to be discharged, or refusing or declining as aforesaid, or if there shall be no such last-mentioned trustees or trustee for the executors or administrators of the last surviving trustee, exclusively of a trustee or trustees who may have become incapable or unfit to act in the trusts, by any deed or deeds to be by them, him or her, sealed and delivered in the presence of and attested by two witnesses, to appoint any other person or persons to be a trustee or trustees, in the place of the trustee or trustees so dying, or going to reside beyond the seas, or desiring to be discharged, or refusing, declining, or becoming incapable to act as aforesaid; AND such appointment may be so made as either to maintain or enlarge or diminish the original number of trustees: AND UPON the appointment of every such new trustee as aforesaid, all the trust estates, monies and premises, the trustee or trustees whereof shall so die, or go to reside beyond the seas, or desire to be discharged, or refuse or decline, or become incapable to act as aforesaid, or so much thereof respectively as shall then be subject to the trusts aforesaid, shall, with all convenient speed, be legally and effectually vested by such assurances or other acts as the circumstances of the case may require, in such new trustee or trustees, either solely or jointly with the surviving or continuing trustee or trustees, as occasion shall require, upon and for the trusts, intents and purposes herein declared of and concerning the said trust estates, monies and premises respectively, or such of the said trusts, intents and purposes as shall be then subsisting or capable of taking effect: AND every such new trustee (as well before as after the said trust estates, monies and premises shall have become vested in him) (a), shall have all the (a) See Warburton v. Sandys, (14 Sim. 622), as to the necessity of adding the words within brackets. ALTY ON TRUSTS FOR HUSBAND AND WIFE AND CHIL DREN. indemnity clause. powers and authorities of the trustee in whose place he shall oF PERSONbe substituted: PROVIDED ALWAYS, AND IT IS HEREBY FURTHER AGREED AND DECLARED, that the said several trustees for the time being of these presents: and the heirs, executors and administrators of them, and each and every of them, shall be chargeable respectively for such monies only as they respec- Trustees' tively shall actually receive by virtue of the trusts hereby in them reposed, although they or any of them may give or sign, or join in giving or signing any receipt or receipts for the sake of conformity, and any one or more of them shall not be answerable or accountable for the other or others of them, or for any money paid over by one to another of them, or for any money paid over by one to another of them, or for any banker, broker, or other person with whom any part of the trust property may be deposited or lodged, or for involuntary losses: AND ALSO THAT it shall be lawful for them, by and out of the Power to the monies which shall come to their respective hands by virtue of reimburse the trusts aforesaid, to reimburse themselves respectively, and their expenalso to allow to their respective co-trustees all costs, charges, damages and expenses which they or any of them shall or may pay, suffer or sustain, in or about the execution of the aforesaid trusts, or in relation thereunto. IN WITNESS, &c. trustees to themselves ses. TRANSFER GAGE DEBT TO TRUS TEES OF INTENDED SEITLE MENT. Parties. gage to in for marriage. Agreement for settle secured on No. CIV. TRANSFER of MORTGAGE DEBT and SECURITIES to TRUSTEES in contemplation of a MARRIAGE, and to the intent that the MORTGAGE DEBT may be settled, and the Trusts thereof be declared by a SETTLEMENT of even date (a). THIS INDENTURE, made the — day of BETWEEN A. B., of &c. [intended husband, of the first part, E. F., of &c. [intended wife], of the second part, and M. N., of &c., and Recite mort- O. P., of &c. [trustees], of the third part [recite mortgage of tended wife. freeholds to E. F. to secure £- -]: AND WHEREAS a marriage Agreement hath been agreed upon and is intended to be shortly had and solemnized between the said A. B. and E. F.: AND WHEREAS ment of sum upon the treaty for the said intended marriage it was agreed that the said sum of £ so secured by the said recited indenture of mortgage as aforesaid, and all interest for the same, and the securities for the same respectively, should be assigned and conveyed to the said M. N. and O. P., their heirs, executors, administrators and assigns, in manner hereinafter mentioned, upon and for the trusts, intents and purposes, and with, under and subject to the powers, provisoes, agreements and declarations hereinafter declared or referred to, of mortgage. (a) Money secured by mortgage, which is intended to be made the subject of settlement, should, together with the security, be assigned by a deed of even date with, but executed before the settlement, to the intended trustees. The deed of even date should contain a declaration making the receipts of trustees sufficient discharges, and a power of changing trustees, corresponding to the power for this purpose to be contained in the settlement. It is sufficient to introduce the indemnity clauses into the settlement. The importance of a contemporaneous deed to effect the above mentioned object, will be obvious; for if the transfer of the debt and securities should be incorporated in the settlement, the title to the money could not be made out without the settlement, and the settlement would also be essential to the mortgagor's title, who would probably refuse to discharge the mortgage debt without obtaining a covenant for the perpetual production of the settlement, as he, his representatives and assigns, might have occasion to inspect the same or take copies thereof. OF MORT10 TRUS GAGE DEBT TEES OF INTENDED SETTLE tion. MENT. wife of mort and interest ties. and concerning the same: NOW THIS INDENTURE WIT- TRANSFER NESSETH, that in pursuance of the said agreement, and in consideration of the said intended marriage, he the said E. F., with the privity of the said A. B. (testified by her being a party to and executing these presents), by these presents doth assign unto the said M. N. and O. P., their executors, administrators and assigns, ALL THAT the said mortgage debt or Considerasum of £—, secured by the said recited indenture of the Assignment day of, and all interest henceforth to accrue and by intended become due in respect of the same, and also the said recited gag sum indenture of mortgage: AND the full benefit of all covenants and securiand other securities for the same debt or sum and interest, and the full benefit of all powers and remedies vested in or appertaining to the said E. F., for securing, enforcing payment of, recovering and giving effectual discharges for the same respectively, with power for those purposes, or any of them, to use the name or names of the said E. F., her executors or administrators: AND ALL THE RIGHT, TITLE, interest, property, claim and demand of her the said E. F., in, to, out of, or upon the same premises respectively, To HAVE, HOLD, RECEIVE AND To hold same TAKE the said debt or sum, interest, securities and premises wife until hereby assigned or expressed, and intended so to be, unto the marriage. said M. N. and O. P., their executors, administrators and assigns, IN TRUST for the said E. F. absolutely until solemnization of the said intended marriage, and from after the solemnization thereof, upon and for such trusts, intents and purposes, and with, under and subject to such powers, provisoes and declarations as shall be expressed and declared of and concerning the same immediately after the execution of these presents: AND THIS INDENTURE ALSO WITNESSETH, that in pursuance and further performance of the aforesaid agreement, and in consideration of the said intended marriage, she the said E. F. doth by these presents grant and convey unto the said M. N. and O. P., Conveyance their heirs and assigns, ALL AND SINGULAR the messuages, wife of herelands, tenements, hereditaments and premises comprised in and assured by the said hereinbefore recited indenture of mortgage [and all the estate, &c.]: TO HAVE AND TO HOLD the to hold heresaid messuages, lands, tenements, hereditaments, and all and in trust for the After mar riage, upon and trusts of deed of even date. by intended ditaments; ditaments to trustees, OF MORT GAGE DEBT TRANSFER singular other the premises hereby granted and conveyed or expressed, and intended so to be, unto the said M. N. and O. P., their heirs and assigns, to the use of the said M. N. and O. P., their heirs and assigns, subject nevertheless to the right or equity of redemption which is now subsisting therein, under or by virtue of the said recited indenture of the [Trustees' receipt clause; Power of changing Trustees, TO TRUSTEES OF INTENDED SETTLEMENT. subject to subsisting equity of re- supra, p. 543.] IN WITNESS, &c. demption. day of OF A MORT GAGE DEBT AND REVER SIONARY AND OTHER PERSON ALTY, WITH SPECIAL POWERS OF INVESTMENT. Parties. No. CV. upon Part SETTLEMENT by intended WIFE of a SUM secured by THIS INDENTURE, made the day of BETWEEN A. B. of, &c. [intended husband], of the first part, C. D. of, &c |