MENTS. MARRIAGE. Settlement of Freeholds. (Concise Form.) Power of aptrustees. pointing new consent, or permission. PROVIDED ALWAYS (1), SETTLEand it is hereby further declared and agreed by and between the said parties hereto, that in case the several trustees in and by these presents named or appointed, or any of them, or any succeeding or other trustees or trustee of the said trust estate and premises, for the time being, to be nominated or appointed as hereinafter is mentioned, shall depart this life, or be desirous to be discharged of or from the aforesaid trusts, or shall be about to reside beyond the seas, or shall refuse or neglect, or become incapable to act in the said trusts, before the same shall be fully executed and performed or determined, then and in such case, and from time to time, as often and as soon as any such event shall happen, it shall be lawful for the said (intended husband) and (intended wife) (2) during their joint lives, or the survivor of them, after the death of either of them, or other the person or persons who shall or may, for the time being, be entitled under or by virtue of the limitations or uses hereinbefore contained, to the immediate freehold of the lands and hereditaments hereby granted and released, or otherwise assured, or mentioned or intended so to be, or other lands or hereditaments which shall or may be substituted in lieu thereof, by virtue of the powers herein (1) See No. II. p. 389, n. (2), et seq. (2) If separate trustees are appointed on the part of the hus- Separate trusband and wife respectively, see ib. p. 390, n. (1). tees for husband and wife. VOL. VII. I I SETTLE- MARRIAGE. Settlement of Freeholds. (Concise Form.) before contained in that behalf, if such person or persons shall be of the age of sixteen years, but if not, or in case of the refusal or neglect for one calendar month of any such person or persons as aforesaid, after he, she, or they shall be thereunto requested by any or either of the acting trustees or only acting trustee for the time being, or by the guardian or guardians of any child or children of the said marriage for the time being, then for them the said trustees, or the only acting trustee, for the time being, or the heirs, executors, or administrators of the last acting trustee as aforesaid, by any deed or writing under their, his, or her hands and seals, or hand and seal, to be attested by two or more credible witnesses, and he and they are in every such case hereby expressly required, to nominate, substitute, and appoint some other fit person or persons to supply the place of the trustees or trustee respectively so dying, desiring to be discharged, or about to reside beyond the seas, or refusing, or neglecting, or becoming incapable to act as aforesaid; And that immediately after any such appointment shall be made, all and every the lands and hereditaments, stocks, funds, monies, and securities, which under or by virtue of these presents shall be then vested in the trustees or trustee so dying, desiring to be discharged, or about to reside beyond the seas, or refusing or neglecting, or becoming incapable to act as aforesaid, shall be conveyed, transferred, assigned and assured, so and in such manner that the same shall be legally, fully, and absolutely vested and may SETTLE MENTS. MARRIAGE. Settlement of Freeholds. (Concise Form.) have the same powers as their predecessors. in the trustees or trustee so to be appointed in their or his room or stead, either solely and alone, or jointly with the surviving, continuing, or acting trustees or trustee, as the case may require, and in his or their heirs, executors, administrators, or assigns, according to the nature of the said trust estate or property, to the uses, upon the trusts, and to and for the several intents and purposes hereinbefore declared or expressed concerning the same, or such of them as shall be then subsisting and capable of taking effect; [AND that every New trustees to such new trustees or trustee shall and may act and assist in the management, carrying on, and execution of the trusts to which he or they shall be so appointed, (although he or they shall not have been invested with the seisin of the trustee or trustees, to whose place or places he or they shall have succeeded), either jointly with the surviving, continuing, or other acting trustees or trustee, or solely, as the case may require, in such and the like manner, and with such and the same, or the like powers, privileges, and authorities of approbation, consent, discretion, and of mortgaging, leasing, exchanging, investment of money, changing and varying securities, giving effectual receipts, maintenance, education, and advancement, and other powers, privileges, and authorities in all respects, and to all intents and purposes whatsoever, as if such new trustees or trustee had been originally appointed by these presents, and his or their name or respective names had been inserted in these presents, instead of the name or names SETTLE- MARRIAGE. Settlement of Freeholds. (Concise Form.) Power of revocation, for giving seisin of trust estates to new trustecs. of the trustees or trustee hereby appointed, in or to whose place such new trustees or trustee respectively shall be appointed or succeed; AND for that purpose it shall be lawful for the person or persons by whom any such other or new trustees or trustee shall be so named or appointed as aforesaid, by any deed or deeds, or other instrument or instruments in writing, to be sealed and delivered by him or them in the presence of and attested by two or more credible witnesses, to revoke and make void all or any of the uses, estates, or trusts hereinbefore created, limited, or declared of or concerning the lands and hereditaments hereinbefore granted and released, or otherwise assured, or which shall hereafter be substituted in the room or stead thereof, by virtue of any of the powers hereinbefore contained, or any of them, or any part thereof, or such and so many of the same as are or shall be of a freehold nature, or otherwise render such revocation necessary or expedient; And by the same or any other deed or deeds, or instrument or instruments in writing, to be sealed and delivered, and attested as last aforesaid, to create, limit, or declare any such other or new use or uses, estate or estates, trust or trusts, of or concerning the said lands and hereditaments, or any part thereof as shall be deemed necessary or expedient, to or for the end and purpose of vesting the same lands and hereditaments in such newly appointed trustees or trustee, jointly with the old, or former, or continuing trustees or trustee, or in such new trustees solely, as the case SETTLE MENTS. MARRIAGE. Settlement of Freeholds. (Concise Form.) be chargeable acts. may require, to and for the same or like uses and estates, upon the same or the like trusts, and with the same or like powers as are hereinbefore given to or vested in the trustees respectively parties to these presents.] PROVIDED LASTLY, and it is hereby further declared and agreed by and between the said parties hereto, that the several Trustees not to trustees in and by these presents nominated and for each other's appointed, or the trustees or trustee who shall hereafter be nominated or appointed, by virtue of the power and directions hereinbefore contained, or any or either of them, their, or any or either of their heirs, executors, administrators, or assigns, shall not be charged or chargeable for any more or other monies, securities, or property, than the same trustees respectively shall actually receive, or which shall come to their respective hands, under or by virtue of the trusts hereby in him or them reposed, notwithstanding he or they shall or may give or sign, or join in giving or signing any receipt or receipts, or other acquittances, or in the doing any other act or acts for the sake of conformity only, or solely for the satisfaction of the person or persons paying, parting with the same, or requiring the same; And that no one or more of them the said trustees shall be answerable or accountable for the other or others of them, nor for the acts, receipts, neglects, defaults of the other or others of them, any consent, permission, or privity by any or either of them to the payment of money, or performance of any act to or by the other or others of them, with an intent and for the |