settlemt to the sd C., his exs, ads, or assigns subjt as afsd. Hotchpot. [PROVD ALWAYS, and this appointmt is made subjt to the condon, that the sd C., his exs, ads, or assigns, shall not, unless an express direction to the contrary shall be contd in any appointmt to be hereafter made by the sd A. under the afsd power, be entled to any share in the unappointed pt of the trust funds or ppty comprd in the sd indre of settlemt without bringing the share hby appointed to him as well as the sum so advanced to him as afsd into hotchpot and accounting for the same accordingly:] [PROVD ALWAYS, and the sd A., doth hby declare that if the sd now intd marre shall not take place within six calendar months from the date hereof, these presents and everything herein contd shall be void (d) ]. Appoint ment to be void if void marriage does not take place. IN WITNESS, &c. III. APPOINTMENT (by Independent Deed without RECITALS(a)) by HUSBAND and WIFE to a DAUGHTER, on her MARRIAGE, of a certain ALIQUOT SHARE in the Trust Funds comprised in their Marriage SETTLEMENT (b). VARIATIONS, where a SUм of MONEY is appointed, and where there has been a previous partial APPOINTMENT to another CHILD, and the whole of the remaining Trust Funds are appointed. A short form. KNOW ALL MEN BY THESE PRESENTS, that we, A., of, &c., the husband, and B. his wife, in psuance of (d) This proviso is proper although the appointment is conditional on the marriage taking place; see Page v. Horne, 9 Beav. 570, 11 Beav. 227, Mitford v. Reynolds, 16 Sim. 130; or the form of appointment in Precedent IV. may be adopted. (a) See p. 75, note (c). (b) This form securing a fixed share to the child about to marry is a life in terests, pt or of aliquot share an agreemt entered into upon the treaty for a marre shortly to be solemnised between our daughter C., and D., of, &c., and in exercise of a power given to us by an indre of settlemt dated, &c., and expd to be made, &c., and of every or any other power in this behalf us enabling, do hby appoint that, subjt and without prejudice to the trusts in the sd Appointindre contd in relation to the income of the trust funds and ment to daughter, ppty for the time being subjt to the trusts thof during subject to the lives of us, the sd A. and B., and the life of the survor of us, and subjt and without prejudice to the powers of varying investmts in the same indre contd, one equal share [or, the sum of £ sterling, to be a charge upon or, fixed and raisable and payable out] of the trust monies, stocks, sum, funds, secs, and ppty [which now are or which, by means of the accruer of other ppty under the provon in the sd indre contd for the settlemt of after-acquired ppty of me, the sd B., or otherwise, shall at any time hereafter become] subjt to the trusts of the sd indre of settlemt, or, "all and or, all the remaining singular the trust funds and ppty, now subjt to the trusts of funds. the sd indre of settlemt, which shall remain after satisfying a certain previous appointmt in favour of X., one of our children, made by a deed poll under our respive hands and seals, dated, &c.," shall, from and after the solemnisation of the sd intd marre of the sd C. and D., belong to and be vested in the sd C., and be held in trust for the said C., her exs, ads, and assigns absolutely (c), and shall be transferable, [or, raisable and payable] to her or them forthwith upon the decease of the survor of us, the sd A. and B. [with interest from such decease until the raising and paymt thof at the common mode of appointment; but if some of the children are minors, or there is a possibility of more children being born, and the object is to secure to the child indefeasibly the share which he or she would have taken in default of appointment, neither less nor more, the next Precedent should be used. (e) If the fund is not intended to be settled, the appointment should generally be for the daughter's separate use, in which case add here "for her separate use independently of any husband." VOL. I. G rate of £4 per cent. per annum]. Appointment to be void if marriage does not take place, see last Precedent. IN WITNESS, &c. (d) Recitals. State of family. ment to appointee. IV. APPOINTMENT, endorsed on the SETTLEMENT creating the power, to a SON on his MARRIAGE of the SHARE which he would have taken in DEFAULT of any APPOINTMENT, subject to the DEDUCTION of a sum ADVANCED to him during his MINORITY. TO ALL, &c., the within named A., and B., his wife, formerly L. within named, resply send greeting. WHAS the Marriage, marre of the sd A. and B. was duly solemnised shortly after the date of the within written indre: AND WHAS there have been issue of such marre seven children, including a son C. Advance- who has attained the age of 21 years: AND WHAS in the year the sum of £- was, with the consent of the sd A. and B., raised out of the trust funds comprd in the within written indre and applied for the advancemt of the sd C. and the expenses incident thto. Intended marriage of C. with D., p. 79. Desire to appoint, p. 76. NOW THESE PRESENTS WITNESS that in exercise, &c., the sd A. and B. do hby, subjt and without prejudice to their respive ment sub- life interests under the trusts of the within written indre, ject to life interests, and without prejudice to the powers of varying investments in the sd indre contd, absolutely and irrevocably appoint to the sd C., in the event of the sd intd marre of the sd C. and D. being duly solemnised within six calendar months from the date of these presents, such a pt or share of the trust Witness. Appoint and if marriage take place, (d) Notice of this appointment should be given to the trustees of the settlement, share appointee default of appoint monies, stocks, funds, secs, and ppty which are now or may of the hereafter be comprd in or subjt to the trusts of the within which the written indre (inclusive of the sum of £- so paid or would have applied for the advancemt of the sd C. as afsd), as the sd C. taken in would take or be entled to, if no appointmt were made by the sd A. and B., or the survor of them, under either of the ment. powers by the same indre given to them, or the survor of them, and the whole of the sd trust premes were to devolve under the trusts in the sd indre contd in default of any exercise of either of such powers, and to be divisible in equal shares among the children of the sd A. and B., who, being sons or a son, have attained or shall attain the age of 21 years, or being daughters or a daughter, have attained or shall attain that age, or marry under that age, to the intent that the share which the sd C. would have so taken shall become and be an absolutely and indefeasibly vested and transmissible interest immediately on the solemnisation of the sd intd marre, and be transferable to the sd C., his exs, ads, or assigns immediately on the decease of the survor of the sd A. and B. PROVD ALWAYS, and the sd A. and B. Hotchpot. do hby declare and direct, that the sum of £, which has been raised out of the sd trust funds and applied for the advancemt of the sd C. as afsd, shall be brought into hotchpot and accounted for by him and deducted from the share hinbefore appointed to him. IN WITNESS, &c.(e). (e) Although the appointment is endorsed, formal notice of it had better be given to the trustees. Recitals. Will. ง. APPOINTMENT under a POWER in a WILL by a HusBAND and WIFE, subject to their LIFE INTERESTS, of TRUST FUNDS invested in STOCK and on MORTGAGE to CHILDREN, so as to EXCLUDE one who is otherwise provided for (a), the FUNDS being appointed UNEQUALLY, and as to DAUGHTERS for their SEPARATE USE. PROVISIONS for ADVANCEMENT, MAINTENANCE, dc., of MINORS. VARIATIONS where the FUNDS are appointed to all the CHILDREN (exclusive of one), born and to be born, at twenty-one or marriage EQUALLY, and where a power of REVOCATION is reserved. TO ALL TO WHOM THESE PRESENTS SHALL COME, A., of, &c., and B., his wife, send greeting. WHAS X., of, &c., deceased, duly made his will dated, &c., and thby bequeathed to L., M., and N., their exs, ads, and assigns, the sum of £- Reduced £3 per cent. Annuities upon trust either to permit the same to remain in its then state of investmt, or with such consent, or at such discretion as therein mentioned from time to time to vary and transpose the investmt thof as therein expd. And upon further trust to pay the income thof to the sd A. during his life, and after his decease to the sd B., if she should survive him, during her life. And after the decease of the survor of the sd A. and B., in trust, for their children as A. and B. should by deed appoint, setting out the power fully, and in default of any such appointmt as the survor of them, the sd A. and B., should by deed or will appoint, and in default of any such Change of appointmt upon the trusts therein expd. Death of testator and probate: AND WHAS the sd N. and O. and P. are the trustees. (a) See above p. 74, note (c). |