thereof, or being accountable for the non-application or misapplication thereof. AND IT IS HEREBY DECLARED that the said trustees or trustee shall, with such consent, or at such discretion as aforesaid, lay out the money received upon any sale, or for equality of exchange, in the purchase of freehold hereditaments of inheritance in the Province of Canada, and shall settle, or cause the same to be settled, to the uses, upon the trusts, and subject to the powers hereby limited, as far as the deaths of parties and other intervening circumstances will permit. AND IT IS HEREBY FURTHER DECLARED that, until the money to be received upon any sale, or upon equality of exchange, shall be laid out as aforesaid, the said trustees or trustee may, with such consent or at such discretion as aforesaid, invest the same, in their or his names or name, in (name any securities,) and vary the same, if and as they or he shall think fit; AND THAT the annual income from such stocks, funds, and securities shall be paid and applied to such person or persons, for such purposes, and in such manner as the rents and profits of the hereditaments to be purchased therewith as aforesaid would be payable or applicable in case such purchase and settlement as aforesaid were then actually made. AND IT IS HEREBY FURTHER DECLARED that the receipt in writing of the said trustees or trustee for any moneys, stocks, funds, shares, or securities paid or transferred to them or him, in pursuance of these presents, or of the trust thereof, shall effectually discharge the person or persons paying or transferring the same therefrom, and from being concerned to see to the application thereof, or being accountable for the non-application or misapplication thereof. AND IT IS HEREBY DECLARED that, if the said trustees hereby appointed, or any of them, or any trustee or trustees to be appointed as herein after is mentioned, shall die, or desire to be discharged, or refuse or become incapable to act, then and so often the said A. В. and C. D., or the survivor of them, or [after the death of such survivor] the surviving or continuing trustees or trustee for the time being, [and, for this purpose, retiring or refusing trustees, or a retiring or refusing trustee, shall, if willing to act in the execution of this power, be considered continuing trustees, or a continuing trustee,] or the acting executors or administrators of the last surviving or continuing trustee, may appoint any other person or persons to be a trustee or trustees in the stead of the trustee or trustees so dying, or desiring to be discharged, or refusing or becoming incapable to act; AND, upon every such appointment, the said trust premises shall be so transferred that the same may become vested in the new trustee or trustees jointly with the surviving or continuing trustees or trustee, or solely, as the case may require; and every such new trustee shall [either before or after the said trust premises shall have become so vested] have the same powers, authorities, and discretion as if he had been hereby originally appointed a trustee. AND IT IS HEREBY DECLARED that the trustees or trustee for the time being of these presents shall be chargeable only with such moneys as they or he respectively shall actually receive, and shall not be answerable the one for the other of them, nor for any banker, broker, or other person, in whose hands any of the trust moneys shall be placed, nor for the insufficiency or deficiency of any stocks, funds, or securities, nor otherwise for involuntary losses; AND THAT the said trustees or trustee for the time being may reimburse themselves or himself, out of the moneys which shall come to their or his hands under the trusts aforesaid, all expenses to be incurred in or about the execution of the aforesaid trusts. AND THE SAID A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said E. F. and G. H., their heirs and assigns, that, notwithstanding any thing by him, the said A. B., or any of his ancestors, done or knowingly suffered, he, the said A. B., now hath power to grant ALL AND SINGULAR the said premises herein before expressed to be hereby granted to the uses and in manner aforesaid, free from incumbrances, and to surrender the said premises herein before covenanted to be surrendered to the use of the said E. F. and G. H., their heirs and assigns, upon the trusts and in manner aforesaid, free from incumbrances; AND THAT he, the said A. B., and his heirs, and every person lawfully or equitably claiming any estate or interest in the premises through or in trust for him, or any of his ancestors, will, at all times, at the cost of the trust estate, execute and do all such assurances and acts, for further or better assuring all or any of the said premises respectively to the several uses and in manner aforesaid, as by the said trustees or trustee, or any person interested in the premises, shall be reasonably required. IN WITNESS WHEREOF, &c., (as in n. 955.) The effect of a settlement in trust for sale, [such sale, during the lives of the tenants for life, to be with their consent, and a declaration that the rents till a sale shall go as the income of the funds would go, is tantamount to the settlement of the real estate in specie with the ordinary power of sale. A settlement among the children equally is almost invariably required for small, and not for large, properties, and it appeared to be more appropriate in this collection than a strict settlement, with powers of jointuring and charging portions, and the like. The precedent in the text may be converted into a simple strict settlement, by changing the limitation to the children equally into a limitation to the first and other sons successively in tail, with remainder to the first and other daughters successively in tail, the preceding power of appointment being either omitted or retained. The language of the powers will require to be altered, by restraining their exercise, after the death of the tenants for life, to the minority of a child entitled under the limitations or appointments. See the precedent of a strict settlement in a will, infra. 969. APPOINTMENT on MARRIAGE of a REVERSIONARY LIFE ESTATE in PERSONALTY to an INTENDED HUSBAND. , I, A. B., of , spinster, in exercise of my power under the will [dated, &c.,] of X. Y., appoint that [in case an intended marriage between me and C. D., of shall take effect] the trustees or trustee of the said will shall, after my death, pay the income of the trust premises therein comprised to the said C. D., [if he shall survive me,] during his life. IN WITNESS WHEREOF, &c. A. B. [SEAL.] 970. APPOINTMENT of NEW TRUSTEES of a MARRIAGE SETTLEMENT, [to be INDORSED on the SETTLEMENT.] THIS INDENTURE, made the the within named A. B., of of of , , day of between and C. B., his wife, [at the date and execution of the within written indenture the within named C. D., of of of , , spinster,] (husband and wife, donees of the power.) of the first part; the within named G. H., of of of , (retiring trustee,) of the second part; and J. K., of of , (пеш and L. M., of trustees,) of the third part, witnesseth as follows:WHEREAS the marriage in the within written indenture said to be intended was solemnized shortly after the date thereof; AND WHEREAS the within named E. F. is dead, and the said G. IH. desires to be discharged from the trusts of the within written indenture; THIS INDENTURE WITNESSETH that they, the said A. B. and C. В., do hereby, in exercise of the power in this behalf in the within written indenture contained, appoint the said J. K. and L. M., respectively, to be trustees of the within written indenture, in the place of the said E. F. and G. H., respectively. IT IS HEREBY DECLARED that the said J. K. and L. M., their executors, administrators, and assigns, shall hold the within mentioned (name here the kind of property,) which is intended to be transferred into their names immediately after the execution of these presents, and the annual income thereof, upon the trusts, and subject to the powers, upon and subject to which the same ought to be held by virtue of the within written indenture. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first mentioned. 2 A 417 971. APPOINTMENT by DEED, [INDORSED on the SALE DEED.] (1.) THE WITHIN NAMED A. B., having survived his wife, C. B., [formerly the within named C. T., spinster,] and died in the month of the said E. F., in exercise of his power under the within written indenture, appoints the said M. N., O. P., and R. S. trustees thereof, in the place and with the powers respectively of the within named G. H., who has refused to act in, and has disclaimed the trusts of, the within written indenture, the within named I. K., who died in the month of and the said E. F., who desires to retire from the trust. (2.) THE SAID E. F. grants unto the said M. N., O. P., and R. S., and their heirs, the premises expressed to be granted by the within indenture, TO THE USE of the said M. N., O. P., and R. S., and their heirs; nevertheless, UPON THE TRUSTS and subject to the clauses and provisoes expressed in the within written indenture. (3.) THE SAID E. F., for himself, his heirs, executors, and administrators, covenants with the said M. N., O. P., and R. S., their heirs [executors, administrators] and assigns, that the said E. F. hath done or knowingly suffered nothing whereby the premises are or may be incumbered or prejudicially affected. IN WITNESS, &c., (as in n. 970.) 972. APPOINTMENT by WRITING, [INDORSED on the SETTLEMENT DEED.] THE WITHIN NAMED A. B., having survived his wife, C. B., [formerly the within named C. T., spinster,] and died on the day of I, the within named E. F., in exercise of my power under the within written indenture, appoint M. N., O. P., and R. S. trustees thereof, in the place and with the powers respectively of the within named G. H., who has refused to act in, and has disclaimed the trusts of, the within written indenture, the within named I. K., who died in the month of and myself, who am desirous of retiring from the trust. 418 Signed, E. F. 973. DISCLAIMER under a SETTLEMENT, [by INDORSEMENT.] THESE PRESENTS WITNESS that I, the within named A. B., have never acted in the trusts and powers of the within written indenture, and that I disclaim all such trusts and powers, and all estate and interest in the premises therein comprised. IN WITNESS WHEREOF, &c. [SEAL.] 974. ARTICLES of SEPARATION. THIS INDENTURE, made the between A. B., of , in the county of and Province of Canada, B., his wife, of the second part; and C. D., of of the third part, witnesseth: , of the first part; E. of WHEREAS divers unhappy disputes and differences have arisen between the said A. B. and his said wife, for which reason they have consented and agreed to live separate and apart from each other during their natural life; , NOW THEREFORE the said A. B., in consideration of the premises, and in pursuance thereof, doth hereby covenant, promise, and agree, to and with the said C. D., and also to and with his said wife, that he shall and will allow and permit his said wife, E. B., to reside and be in such place and places, and in such family and families, as she may from time to time choose or think fit to do; AND that he shall not, nor will, at any time, sue, molest, disturb, or trouble any person whomsoever, for receiving, entertaining, or harboring her; AND that he will not claim, or demand, any of her money, jewels, plate, clothing, household goods, or furniture, which the said E. B. now hath in her power, custody, or possession, or which she shall or may at any time hereafter have, or which shall be devised or given to her, or that she may otherwise acquire; AND, FURTHER, that the said A. B., shall and will well and truly pay, or cause to be paid, unto the said C. D., for and toward the support and maintenance of his wife, the said E. B., the yearly dollars, free and clear of all charges and deductions whatsoever, for and during her natural life, payable quarterly, at or upon the first day of January, April, July, and October, in each and every year during her said natural life; WHICH the said E. B. doth agree to take, in full satisfaction for her support and maintenance, and all alimony whatever. AND the said C. D., in consideration of the sum of one dollar, to him duly paid by the said A. B., doth covenant and agree, to and with the said A. B., to indemnify and bear him harmless of and from all sum of |