the same hereditaments and premises, or any part thereof with their APPOINTMENTS. appurtenances, unto the said (trustees) and their heirs, or unto all Jointure (after

and
every other trustees or trustee of the said in part recited inden-
ture of settlement for the time being, and their or his heirs and as-
signs, to the uses and for the ends and purposes hereinbefore ex-
pressed or intended, as by them or him the said trustees or trustee,
or their or his counsel in the law shall be reasonably required (1). IN
WITNESS. &c.

marriage).

(1) A provision for appointing a further jointure, as ante, p. 316. n. Future appoint(1), may be inserted here if so intended.

ment.

APPOINTMENTS.

Personal Estate (Bank Annuities).

No. CII.

*An Appointment by a Feme Covert of Bank Annuities in pursuance of a marriage Settlement.

Recital of mar

TO ALL TO WHOM THESE PRESENTS SHALL COME, (the appointor) of, &c. wife of (husband) of, &c. late spinster, SENDETH GREETING. WHEREAS by indenture bearing date on or about the day of riage settlement. and made or expressed to be made between (husband) of, &c. of the first part, the said (wife) by her then name, and addition of of, &c. spinster, of the second part, and (trustees) of, &c. trustees therein named for the purposes therein expressed of the third part (purporting to be a settlement made previously to and in contemplation of a marriage then intended, between the said (husband) and said (wife) ), it was amongst other things declared and agreed by and between the parties thereto, that the said (trustees), their executors, administrators and assigns, should stand possessed of £ per cent. Consolidated Bank Annuities therein mentioned to have been that day transferred into the names of the said (trustees) in the books of the Governor and Company of the Bank of England, in trust, for the sole, separate and independent use and benefit of the said (wife), free from the controul, intermeddling, debts and engagements of the said (husband) (her then intended husband), in case the said marriage should take effect, in like manner, as if the said (wife) had continued sole and unmarried, during the term of her natural life; and after the decease of the said (wife) then in trust to transfer the same, or so much thereof as should remain undisposed of by the said (wife) in her life time, to such person or persons and in such proportions as she the said (wife) by her last will and testament, in writing, or any other writing or writings under her hand and seal, duly attested, should direct or appoint; and in default of any such direction or appointment, in trust to transfer the same to the executors or administrators of her the said (wife). AND WHEREAS the said Bank Annuities were transferred into the names of the said (trustees) in pursuance of the said indenture, and are now standing in their names upon the trust thereof. Now KNOW YE, that she the said (wife),

Appointment.

by virtue and in pursuance of the powers, authorities, and limitations
in the hereinbefore in part recited indenture contained, and of all and
every or any other power or authority enabling her hereunto, HATH
directed and appointed, and by these presents under her hand and
seal, and attested or intended to be attested by two credible persons,
whose names are intended to be indorsed hereupon, Doтн direct and
appoint, that they the said (trustees) or the survivor of them, do and
shall, as soon as conveniently may be hereafter, sell and dispose of
the said £
per cent. Consolidated Bank Annuities at the
market price thereof, and do and shall pay or cause to be paid the
produce of the monies arising by such sale, [or do and shall transfer
the said Bank Annuities], together with the dividends or profits ac-
crued thereon (after deducting the costs and charges of such sale),
of, &c. [or as the case may be], or to his assigns, to and
for his and their sole and separate use and benefit, according to the
trusts and true intent and meaning of the said hereinbefore in part
recited indenture; and upon receipt thereof, by him the said
or his assigns, she the said (wife) doth hereby declare and appoint
that the said (trustees), their executors and administrators, and every
of them, shall thenceforth be absolutely freed, released and discharged
of and from all and every the trusts, delarations, and agreements, in
or by the said in part recited indenture of settlement contained or
declared of or concerning the said £ Bank Annuities, and every
part thereof, and all dividends and profits thereof. IN WIT
NESS, &c.

unto

APPOINTMENTS.

Personal Estate (Bank Annuities).

APPOINTMENTS.

Personal Estate

(to children).

No. CIII.

An Appointment of Money in the Funds, by Husband and Wife to their Children, under a power contained in a Marriage Set

tlement.

Variations where the appointment is by survivor of husband and wife.

Recital of marriage settlement.

,

day of

TO ALL TO WHOM THESE PRESENTS SHALL COME, (the husband) of,
&c., and (wife), his wife, send greeting. WHEREAS by virtue and in
pursuance of an indenture bearing date the
which was in the year 18
and made or expressed to be made
between the said (husband) of the first part, the said (wife) of the
second part, and (the trustees) of the third part, purporting to be a
settlement made in contemplation of a marriage then intended to be
had, and which afterwards took effect between the said (husband) and
(wife) his wife, the sum of £ three per cent. Consolidated
Bank Annuities, was transferred into the names of the said (trustees)
in the books of the Governor and Company of the Bank of England,
UPON TRUST, from and after the solemnization of the said intended
marriage, to pay the dividends, interest, and annual proceeds there-
of, unto the said (husband) and his assigns, for the term of his natural
life; and from and after his decease, unto the said (wife) and her as-
signs, for the term of her natural life, and from and after the decease
of the survivor of them the said (husband) and (wife) his wife, UroN
TRUST, to pay, assign and transfer the said sum of L
, three
per cent. Consolidated Bank Annuities, and the stocks, funds, and
securities for the same, and the dividends and interest thereof, unto,
between, and amongst all and every, or such one or more of the child
or children of the said marriage, at such age or ages, time or times,
in such parts, shares, and proportions, if more than one, and manner
and form, and upon such contingencies, and with and under such re-
strictions and conditions, and such powers, directions, and regula-
tions, for maintenance, education, and advancement, as the said (hus-
band) and (wife) his wife, at any time during their joint lives, in and
by any deed or deeds, instrument or instruments in writing, to be by

APPOINTMENTS.

(to children).

them, and each of them, sealed and delivered in the presence of, and attested by two or more credible witnesses, should either absolutely Personal Estate and irrevocably, or with power and powers of revocation and new appointment, jointly direct and appoint; and in default of such direction or appointment (1), then UPON SUCH TRUSTS, and for such ends, intents, and purposes, as in the said hereinbefore in part receited indenture, are expressed concerning the same. AND WHEREAS there is issue of the marriage, children, namely, [insert here the names of the children] (2). AND WHEREAS the said (husband) and (wife) his wife (3), are desirous of appointing the sum of £ › part of the said trust monies, or sum of £ unto the said (son), and the sum of £ other part (4) of the said trust monies, unto the said (daughter), in pursuance of the power given or reserved to them by the hereinbefore in part recited indenture. Now THESE PRESENTS WITNESS, that in pursuance and part execution of the wife appoint. power and authority to them for that purpose reserved or given by the said hereinbefore in part recited indenture, and of every or any other

WITNESS.

The husband and

(1) If the appointment be made by the survivor of the husband and Appointment by wife, say,

"AND in default of any such direction or appointment, or in case of any such 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 the same or so much thereof, of or concerning which no such disposition or appointment shall be made or take effect, UPON TRUST to pay, assign, and transfer the same Bank Annuities, and the stocks, funds, and securities for the same, and the dividends and interest thereof, unto, between, and amongst all and every or such one or more of the child or children of the said marriage, at such age or ages, time or times, in such parts, shares, and proportions, if more than one, and manner, and form, and upon such contingencies, and with and under such restrictions and conditions, and such powers, directions, and regulations, for maintenance, education, and advancement, as the survivor of them the said (husband) and (wife) his wife, and as to the said (wife) whether she shall be then sole or covert with or by any future husband, shall by any deed, &c." as above.

survivor.

(2) If the deed include a revocation of a prior appointment, see post. Revocation. No. CIV. p. 332. n. (2).

(3) If the appointment be by the survivor of the husband and wife, Appointment by see ibid. n. (1).

(4) See ibid. p. 333. n. (2).

survivor.