after the solemnization thereof, upon and for the trusts, intents or 709 APPOINT MENT OF A SUM UNDER A SETTLE. that they and hold husband, the said and purposes thereinafter declared of and concerning the same (that is to say), upon trust, that they or he the said trustees trustee for the time being, should, out of the monies and POWER IN property so assigned as aforesaid, appropriate and set apart the full sum of £10,000, and should stand possessed of the same, to trustees, the trusts thereinafter mentioned, and when and so soon might set upon as the said sum of £10,000 should be so appropriated and set apart 10,0007. apart as aforesaid, should stand possessed of the residue of the said monies and premises thereby assigned in trust for residue for the said C. F., his executors, administrators and assigns, for his and their own absolute use and benefit; and it was thereby declared, that the trustees therein-named, their executors, administrators and assigns, should stand possessed of the said sum of £10,000, upon trust to lay out the same (but never- and invest during 10,000l., theless with the consent in writing of the said C. F., his life, and after his decease with the like consent of the said M. L., during her widowhood), in their or his names or name in the purchase of parliamentary stocks or public funds or on government or real security in England or Wales, with power to vary the same as therein mentioned: AND it was thereby declared, that the said trustees or trustec for the time being should stand possessed of the said sum of £10,000, and and pay intethe stocks, funds and securities in which the same should be band for life; laid out, upon trust to pay the interest, dividends, and annual proceeds thereof to the said C. F. and his assigns, during his life, and after his decease to the said M. L. for her life, in case and aftershe should so long continue a widow, but in case she should wife during intermarry with any future husband, from and after such second marriage to raise by and out of the interest, dividends, and thereto, the annual produce of the said invested trust fund, the clear annual (subject to sum of £150, and to pay the said annuity to her for her life, wife after for her separate use as therein mentioned, and subject to the marriage) trusts aforesaid in trust for all and every, or such one or more exclusively, of the other or others of the children of the then intended marriage, and to be an interest vested in and paid and payable to such children, or any one or more of them at such age, day or time, or ages, days or times, and rest to hus wards to widowhood; and subject trust monies annuity to her second were to go, MENT OF A SUM A SETTLE MENT. to children, as husband and wife, or survivor, should appoint; and subject thereto, for the children. APPOINT to be divided between them, in such shares, and subject to such annual or other sum or sums of money, and such limitations over for the benefit of the said children, or any of them, POWER IN and with such provisions for their or any of their maintenance and advancement, and subject to such conditions, under such restrictions, and generally in such manner for the benefit of the said children, or any of them, as the said C. F. and M. L. should in manner therein mentioned appoint, or in default of such appointment, then as the survivor of them, the said C. F. and M. L., by any deed or other instrument or instruments in writing, with or without power of revocation and new appointment, to be scaled and delivered by him or her in the presence of, and attested by two or more credible witnesses, or by his or her last will, or any codicil thereto, should direct or appoint, and in default of such direction or appointment, in trust for the children of the said C. F. by the said M. L., as in the said indenture now in recital particularly mentioned: AND IT WAS by the said indenture now in recital provided and declared, that it should be lawful for the trustees therein named, or other the trustees or trustee for the time being of the said indenture, at any time after the solemnization of the said marriage, at the request of the said C. F., to levy or raise out of and from the said settled fund, monies, funds, securities and premises, any sum or sums of money (not exceeding in the whole the sum of £2000) and to pay the same to the said C. F. for his benefit, advantage and advancement in the world: AND WHEREAS the said C. F. departed this life on the day of, without having in any respect executed or concurred in exercising the said joint power of appointment so reserved to him and his The number said wife as aforesaid: AND WHEREAS the said C. F. had two children by the said M. L. and no more, viz. G. F. and T. F., and the said G. F. is now of the age of Power to raise part of trust fund for husband. of children of the marringe. Part of trust fund raised pursuant to power. T. F. is now of the age of said M. L. intermarried with, -- years, and the said years: AND WHEREAS the and became the wife of the day of - AND WHEREAS the sum of £2000, part of the said sum of £10,000 so directed by the said recited indenture of settlement to be set apart as aforesaid, was raised by the trustees therein named as aforesaid, and paid APPOINT MENT OF A SUM A SETTLE. der has been names of appointment ject to an by them to the said C. F. at his request during his lifetime, pursuant to the said recited power for this purpose reserved to them by the said indenture: AND WHEREAS the sum of £8000, being the remainder of the said sum of £10,000, has been invested by the said trustees of the said recited indenture of settlement, in the purchase of the sum of £- annuities, in That remainpursuance of the trust or direction for this purpose contained invested in in such indenture, and the said sum of £ annuities is now trustees. standing in their names in the books of the Governor and Company of the Bank of England: NOW THESE PRESENTS Witnesseth. WITNESS, that by force and virtue, and in exercise and execution of the power or authority by the said indenture of settlement given or reserved to the survivor of the said C. F. and M. L. as aforesaid, and of every or any other power in anywise Irrevocable enabling her in this behalf, she the said M. L. doth by this present of fund (subdeed or instrument in writing, by her sealed and delivered in the nuity). presence of, and attested by the two credible witnesses whose names are intended to be hereunder written as witnesses attesting the sealing and delivery of these presents by the said M. L., absolutely and irrevocably direct and appoint that the said L. M. and N. O., their executors, administrators and assigns, or other the trustees or trustee for the time being of the said recited indenture of settlement, shall, from the sealing and delivery of these presents, stand possessed of and interested in the said sum of £ annuities, and of and in the trust monies stocks, funds and securities into which the same annuities may for the time being be converted, and of and in the dividends, interest and annual produce thereof respectively (subject nevertheless and without prejudice to the said annuity of £150, payable out of the annual income thereof to the said M. L. as aforesaid): In trust IN TRUST for the said G. F. and T. F., their executors, ad- equally; ministrators and assigns, in equal shares absolutely: AND and direction FURTHER, that the trustees or trustee for the time being of the monies tosaid recited indenture of settlement, shall (but nevertheless drens' mainwithout prejudice to the payment thereout of the said annuity ing minority of £150 as aforesaid) during the respective minorities of the said G. F. and T. F., pay, for and towards their respective maintenance and education, the interest, dividends and annual produce of the shares hereby appointed to them respectively for children to pay wards chil tenance dur APPOINT MENT OF A SUM UNDER POWER IN in the said sum of £8000, and the stocks, funds, or securities in or upon which the same are or shall be invested (a). Is WITNESS, &c. A SETTLE MENT. AGREEMENT AUCTION When part only is appointed. No. CXLVIII. AGREEMENT for PURCHASE on a SALE by AUCTION MEMORANDUM, that at the within mentioned sale by day of C. D. [auctioneer], for the vendor. (a) If only part of the settlement property is appointed, and the settlement contains no clause directing the appointed part to be brought into hotchpot, it is necessary to provide by the appointment (if such should be the intention), that the child in whose favour the appointment is made shall not be entitled to any part of the unappointed monies, without bringing the appointed portion into hotchpot. No. CXLIX. COVENANT not to ERECT any BUILDING on a certain day of COVENANT BETWEEN Parties. THIS INDENTURE made the covenantee is owner of heredita self he had determined between [parties], All, &c. [parcels], and which said hereditaments are more particularly delineated and described in the map or plan thereof, drawn in the margin of these presents, and are in such map or plan coloured, were conveyed unto and to the use of the said A. B., his heirs and assigns for ever: AND WHEREAS the said C. D. is the owner and in the occupa- Recite that tion of the messuage and lands situate on the side of the hereditaments comprised in the said hereinbefore recited in- adjoining denture, and which messuage and land are also delineated and ments, described in such map or plan as aforesaid, and are therein coloured -. And in order to protect himself and his said and that to premises from annoyance or injury by the owner of the here- protect himditaments comprised in the said hereinbefore recited indenture, from the erection of buildings or otherwise, he the said C. D. proposed, and had determined to bid for and use his best endeavours to become the purchaser of the same heredita- nantor. ments: AND WHEREAS, it was afterwards arranged by and between the said C. D., and A. B., that instead of purchasing or attempting to purchase the hereditaments aforesaid, the said purchase the C. D. should permit the said A. B. to become the purchaser thereof, and the said C. D. consented to the said arrangement, and to forego his said intention of bidding for and attempting nants with to become the purchaser of the said hereditaments in favour of the said A. B. upon the terms, and in consideration and under tetid for hereditaments which were in fact sold to cove Arrangement that cove nantor should said hereditaments so sold to him, and enter into cove covenantee. |