SETTLE- MARRIAGE. Settlement of Freeholds. (Concise Form.) Power to raise a sum by sale. effects of which the said (intended husband) shall die seised, possessed of, or entitled to, shall be liable, and he the said (intended husband) doth hereby charge and make the same liable to answer any such deficiency of or in the said sum of £ during the lifetime of the said (intended wife).” A Power may also be introduced for the Trustees to raise a Sum of Money by Sale to purchase a Dwelling-house, or other Purpose. "PROVIDED ALWAYS, and it is hereby agreed and declared, by and between the parties to these presents, that for and notwithstanding any of the trusts hereinbefore declared, it shall be lawful for the said (trustees) and the survivors and survivor of them, and the heirs or executors and administrators of such survivor, when and so soon as the said messuages, &c. or stocks and funds, or a competent part thereof, shall become vested in them, to make sale and dispose of such part of the same, as will raise and produce such sum and sums of money, not exceeding in the whole the sum of £ , as the said (intended husband) and the said (intended wife), during their lives and the life of the survivor, shall order and direct, by writing, under their, his, or her hands or hand; and it is hereby agreed and declared, that they the said (trustees), and the survivors and survivor of them, and his heirs, executors, and administrators, shall stand possessed of and interested in the said sum and sums of money so directed to be raised as aforesaid upon the trusts, and for the intents and purposes hereinafter expressed and declared concerning the same, (that is to say), UPON TRUST (with the consent and approbation, and also by the direction of the said (intended husband) and the said (intended wife), during their lives and the life of the survivor of them, such consent, approbation, and direction to be testified in writing, under their, his, or her hands or hand) to invest the same in the purchase (or other purpose) of a messuage or dwelling-house, to be situated in the county of , of the tenure of fee-simple, or of freehold for lives, or of leasehold for a term or terms of years, not less than years then to come and unexpired therein; which said messuage or dwelling-house and hereditaments, when purchased, shall be conveyed unto and vested in them the said (trustees) and their heirs, or their executors and administrators, according to the tenure thereof, in the same manner, upon the same trusts, and for the same intents and purposes as are hereinbefore declared or expressed concerning the messuages, &c. or stocks and funds, out of which the said sum is to be or shall be raised, or as nearly thereto as the different natures of the same properties, and the rules of law and equity will then admit of." SETTLE MENTS. MARRIAGE. Settlement of Freeholds. (Concise Form.) Trust to raise an Annuity for Husband's Appointee. A trust of a term is sometimes declared to raise annuities or sums in gross after husband's death to his appointment, as, "AND IT IS HEREBY FURTHER DECLARED, that the said Trust to raise an annuity for term of years is so limited in use to them the said husband's ap(trustees for raising portions) their executors, administra- pointee. tors, and assigns, UPON FURTHER TRUST that they the said (trustees) and the survivor of them, and the executors, administrators, and assigns of such survivor, shall and do, from and after the decease of the said (intended husband), by sale or mortgage of the premises comprised in the said term of years, or of a competent part thereof, for all or any part of the same term, or by or out of the rents, issues, and profits of the same premises, or by all or any of the ways and means hereinbefore mentioned, but subject nevertheless and without prejudice to the performance of the trusts hereinbefore declared for raising portions and maintenances for younger children, raise, levy, and pay unto or in trust for such person or persons respectively as the said (intended husband) shall by his last will and testament in writing, or any writing purporting to be his last will and testament, to be signed, sealed, and published in the presence of three or more credible witnesses, direct, limit, or appoint for and during the natural life or lives of such person or persons respectively so to be appointed or named, such annuity or annuities, or yearly sum or sums, not ex VOL. VII. K K L SETTLE- MARRIAGE. Freeholds. (Coucise Form.) ceeding together in the whole the clear yearly sum or amount of £ and in such manner, and subject to such restrictions, conditions, and provisos concerning the application and payment thereof, as the said (intended husSettlement of band) by his last will and testament in writing, or any other writing purporting to be or in the nature of his last will and testament to be by him signed, sealed, and published as aforesaid, shall direct, limit, or appoint: And in default of such direction, limitation, or appointment, then upon trust that they the said (trustees) and the survivor of them, and the executors, administrators, or assigns of such survivor, shall and do by any of the ways and means aforesaid, but subject and without prejudice as hereinbefore is lastly mentioned, raise, levy, and pay one annuity or yearly sum of £ unto the said (intended wife) or her assigns, for and during the term of her natural life, as an addition to the said annual rent-charge or yearly sum of £ hereinbefore limited and secured unto her and them, the said annuity or yearly sum to be payable and paid by four equal payments on, &c. and the first payment of each the aforesaid annuities to be made on such of the said feasts or days of payment as shall first and next happen after the decease of the said (intended husband)." Trust to raise a gross sum to husband's appointment. Trust to raise a Sum to be subject to Husband's Appoint ment. "AND ALSO upon this further trust, that they the said (trustees for raising portions) or the survivor of them, or the executors, administrators, or assigns of such survivor, shall and do in case the said (intended husband) shall so direct or appoint by such his last will and testament as hereinafter is mentioned, but not otherwise, raise and levy by sale or mortgage of the premises comprised in the said term of years or of a competent part thereof for all or any part of the same term, or by or out of the rents and profits of the same premises, or by all or any of the ways and means hereinbefore mentioned, but subject and without prejudice as hereinbefore is last mentioned, such further sum or sums SETTLE MENTS. MARRIAGE. Settlement of Freeholds. (Concise Form.) Power to sell settled Premises for raising Money to pay off Mortgages. mortgages. "AND it is hereby declared and agreed by and between Power to sell the parties to these presents to be the true intent and to pay off meaning of these presents, and of the direction, limitation, and appointment, and the grant and release hereinbefore made, that it shall be lawful for the said (trustees to preserve) and the survivor of them, and the heirs of such survivor, or their or his assigns, at any time hereafter, during the natural life of the said (intended husband) and by his direction and appointment, to be testified as hereinafter mentioned, to raise and levy the sum of £ by sale of such part or parts of the said premises as the said SETTLE- MARRIAGE. Settlement of Freeholds. (Concise Form.) ritance thereof unto any person or persons whomsoever, either together or in parcels, for the best price or prices that can be reasonably procured for the same, and upon payment of the money arising by such sale or sales of the same premises, or of any part thereof, to sign and give proper receipts for the monies for which the same shall be sold, which receipt and receipts, whether signed by all or the only acting trustees or trustee for the time being, shall be a sufficient discharge to any purchaser or purchasers for so much of the purchase-money as shall be in such receipt and receipts acknowledged or expressed to be received, and such purchaser or purchasers shall not afterwards be answerable or accountable for any loss, misapplication, or nonapplication of the said purchase-money, or be in anywise concerned to see to the application thereof; and when any of the said premises shall be so sold, and such proper receipt or receipts shall be signed and given for the purchase-money, all and every the manors, messuages, lands, tenements, and hereditaments so sold and disposed of, and the fee-simple thereof, shall be and remain for ever from thenceforth freed and absolutely discharged of and from all and every the uses, estates, trusts, limitations, charges, powers, provisos, declarations, and agreements, in and by these presents limited, expressed, or declared, of or concerning the same, and then and from thenceforth these presents, and the direction, limitation, and appointment, and grant and release, hereinbefore made, and the several grants and assurances hereinbefore recited, shall operate, be, and enure as to so much of the said premises as shall be sold and disposed of, to the only proper use and behoof of the purchaser or purchasers to whom the same shall be so respectively sold and disposed of, and his, her, and their heirs and assigns for ever, subject only to such leases as shall have been made thereof pursuant to the powers hereinafter contained in that behalf. PROVIDED NEVERTHELESS, that the money which shall arise by such sale or sales, or so much thereof as shall be sufficient for that purpose, shall be thereupon applied and disposed of by them the said (trustees) or the survivor of them, or the heirs, executors, LIOT |