SETTLE- MARRIAGE. Money in the In default of If two or more children of the marriage, in trust for them appoint. be made, and the same shall not take effect, or shall not be a disposition or appointment of the whole of the said trust funds and premises, then as to the same or so much thereof of or concern. Funds, &c. ing which no such disposition or appointment shall be made or take effect, UPON TRUST for and to become a vested interest in such only child, if a son, at his age of twenty-one years, and if a daughter, at that age or marriage, which shall first happen. AND in case there shall be two or more children of the said intended marriage, then UPON TRUST for as husband shall [and to pay, assign, and transfer the said sum of £ three per cent. consolidated bank annuities, (subject as aforesaid) and the stock, funds, and securities for the same, and the dividends and interests thereof, unto, between, and amongst] such two or more children, or the issue of any such children who may happen to die, leaving issue, or to any one or more of such children, or the issue of such children, in exclusion of any other or others of them, at such age or ages, time or times, not exceeding the age of twenty-one years, in such parts, shares, or proportions, (if more than one) and with such maintenance in the mean time, and under and subject to such conditions, restrictions, charges, and limitations over, (such limitations over being for the benefit of some or one of such so, whether covert or sole; as otherwise, should she afterwards marry, it may be questioned whether the execution of the power would be effective. SETTLE MENTS. MARRIAGE. Funds, &c. children or issue) as he the said (intended husband) (1) at any time or times, during his life, by any deed or deeds, writing or writings, with or without power of revocation, to be by him signed, Money in the sealed, and delivered in the presence of and attested by two or more credible witnesses, or by his last will and testament in writing, or any codicil or codicils thereto, to be by him signed and published in the presence of and attested by three or more credible witnesses, shall direct or appoint (2); and in default of such last mentioned direction or appointment, or in case of any such being made, and In default of such appointment, as wife shall appoint. (1) If it be intended that the power of appointment should Joint appointbe exercised by the husband and wife jointly, say, "As they the said (intended husband) and (intended wife) his intended wife, at any time during their joint lives, in or by any deed or deeds, writing or writings, with or without power of revocation, to be by them both sealed and delivered in the presence of and attested by two or more credible witnesses, shall direct or appoint; and in default of such last-mentioned direction," &c. as above, Or, "And for want of such joint appointment, then as the survivor of them, after the decease of him or her first dying, shall by any deed," &c. as ante, p. 595. n. (1). ment. (2) If it be wished that the form should be as concise as pos- Concise form. sible, add here (omitting the proviso, post, p. 601. marg. *.) "And to be transferred or assigned to him or her at or on such age, day, or time accordingly, if the same shall happen after the decease of the survivor of the said (intended husband) and (intended wife); but if the same shall happen in the lifetime of them or of the survivor of them, then immediately upon or after the decease of such survivor." SETTLE MARRIAGE. Money in the the same shall not take effect, or shall not be a disposition or appointment of the whole of the said trust funds and premises, then as to the same or so much thereof of or concerning which no such Funds, &c. disposition or appointment shall be made or take effect, UPON TRUST for [and to pay, assign, and transfer the same bank annuities, and the stocks, funds, and securities, and dividends, and interest, (subject to the trusts and purposes herein before declared concerning the same), unto, between, and amongst such] two or more children, or the issue of any one or more of such children who may happen to die, leaving issue, or any one or more of such children, or of the issue of such children, in exclusion of any other or others of them, in such parts, shares, and proportions, at such ages, days, or times, with such maintenance in the mean time, and under and subject to such conditions, restrictions, and limitations over (such limitations over being for the benefit of some or one of such children or issue), as she the said (intended wife) (1) if she shall survive the said (intended husband) her intended husband, by any deed or deeds, writing or writings, with or without power of revocation, to be by her signed, Appointment by survivor. (1) If the power of appointment be given to the survivor, say, "As the survivor of them the said (intended husband) and (intended wife) his intended wife, and as to the said (intended wife) whether she shall be then sole or covert with or by any future husband, shall by any deed," &c. as above. any such MENTS. MARRIAGE. Money in the appointment. sealed, and delivered in the presence of and at- SETTLE tested by two or more credible witnesses, or by her last will and testament in writing, or any writing purporting to be, or being in the nature of, her last will and testament, or any codicil or codicils thereto, to be by her signed and published in the presence of and attested by three or more credible witnesses, shall, whether covert or sole, direct or appoint; and in default of any such di- In default of rection or appointment, or in case of any being made, and the same shall not take effect, or shall not be a disposition or appointment of the whole of the said trust funds and premises, then as to so much thereof of or concerning which no such disposition or appointment shall be made or take effect, IN TRUST for [and to pay, assign, and To the children transfer the same bank annuities, and the stocks, funds, and securities, and the dividends, interest, and growing proceeds thereof, unto, between, and amongst] all and every of the children of the said intended marriage, equally to be divided between and amongst them, if more than one, share and share alike as tenants in common, and their respective executors, administrators, and assigns, subject only to such survivorship as hereinafter is mentioned (1), at the ages or times following (that equally. (1) The following form may, if preferred, be substituted for Variation. that in the text: "In the manner following, that is to say, the portion or share, or respective portions or shares, of such of the said MENTS. MARRIAGE. Money in the SETTLE is to say) the share or respective shares of such of them as shall be a son or sons, at his or their age or respective ages of twenty-one years; and of such of them as shall be a daughter or daughFunds, &c. ters, at her or their age or respective ages of twenty-one years, or day or respective days of marriage, which shall first happen, in case such ages or days shall not take place till after the decease of the survivor of them the said (intended husband) and (intended wife); but in case the same children, being a son or sons, as shall be under the age of |