APPOINTMENTS.

Personal Estate (to children).

power or authority, enabling them thereunto, THEY (1) the said (husband) and (wife) his wife, HAVE (2) directed and appointed, and by this present deed or instrument in writing, by them and each of them, sealed and delivered in the presence of, and attested by the two credible persons, whose names are or are intended to be hereupon indorsed as witnesses attesting the same, Do direct and appoint that from and immediately after the execution of these Bank Annuities presents, ALL that the said sum of £ three per cent. Con

The sum of £

three

solidated Bank Annuities, part of the said sum of £
per cent. Consolidated Bank Annuities now standing in the name of
the said (trustees) in the books of the Governor and Company of the
Bank of England as aforesaid, shall vest in and become the property
of the said (son), his executors, administrators, and assigns; and that
the sum of L
three per cent. Consolidated Bank Annuities,

further part of the said sum of £
three cent. Consoli-
per
dated Bank Annuities, shall vest in, and become the property of the
said (daughter), her executors, administrators, and assigns; and that
the said (trustees) and the survivors and survivor of them, and the
executors and administrators of the survivor, and their and his as
signs, and other the trustees and trustee for the time being of the
said trust monies, shall stand possessed of, and interested in the said
several sums of L
and £
three per cent. Consoli-
dated Bank Annuities, UPON TRUST from and after the decease of
the survivor of them the said (husband) and (wife) his wife, to pay,
assign, and transfer the same, and the dividends, interests, and annual
proceeds, from thenceforth to become payable in respect of the same
respectively, unto the said (son) and (daughter) respectively, and
their respective executors, administrators, and assigns, to and for his,
her, and their own absolute use and benefit [or if so intended* unto
and between all and every of them the said (children or issue), and
such other child or children, if any, as may hereafter be born
to the said (husband and wife), share and share alike, to take
effect in possession from and after the decease of the survivor of them
the said (husband and wife)]; or that the said sum of £ by
the said recited indenture covenanted or agreed to be assigned to and
vested in the said (trustees) as aforesaid; and the stocks, funds, and

Appointment by

survivor.

Revocation of prior appoint

ment.

(1) If the appointment be by the survivor of the husband and wife, see post. No. CIV. p. 334. n. (1).

(2) If the deed include a revocation of a prior appointment, see ibid. n. (2).

APPOINTMENTS.

(to children).

securities in or upon which the same is or shall or may be laid out or invested, shall be shared and divided among, and shall after the de- Personal Estate cease of the said (appointor), in the proportions following, that is to say, the sum of £ part thereof, to be the share of the said (eldest son), and to be an interest vested in him immediately upon the execution of these presents; AND the sum of £ other part thereof to be the share of the said A. (daughter's married name), and to be an interest vested in her immediately upon the execution of these presents. BUT the actual payment of the said sums of L and £ , to be postponed until the decease of the survivor of the said (appointor). AND as to the sum of £ , being the remaining part of the said sum of £ the same to be equally divided among the said (son and four daughters), share and share alike; the share of the said (son) to be an interest vested in him at his age of twenty-one years, and the share of each of them the said (daughters) to be an interest vested in her at the age of twenty-one years, or day of marriage, which shall first happen. BUT if the said (son), or any of them the said (daughters), should attain a vested interest in his, her, or their share or respective shares in the life time of the said (appointor) and (other appointor) his wife, or of the survivor of them, then the actual payment of his, her, or their share or respective shares shall be postponed until the decease of the survivor of the said (appointor) and (other appointor) his wife. PROVIDED ALWAYS, and the said (appointor) and (other appointor) his wife, Do hereby further direct and appoint that if the said (son) should happen to die under the age of twenty-one years, or if any of them the said (daughters) should happen to die under the age of twenty-one years without being or having been married, then the share or shares of him, her, or them so dying, of and in the said sum of £ shall go and accrue to the survivor and survivors of them, and shall vest in and be paid to him, her, or them (if more than one), in equal parts or shares, at or upon such and the same ages, days, and times respectively, and in such and the same manner as is hereinbefore directed or appointed touching or concerning his, her, or their original portion or portions, or as near thereto as circumstances will permit. AND that in case any other or others of such children should die before such accruing or surviving part or share, parts or shares shall become vested as aforesaid, then all and every such accruing or surviving part or share, parts or shares, shall again be subject and liable to such new chance, contingencies, and condition of accruer to the survivor or survivors and other or others of such children as before is declared touching his, her, and their original portion and portions.

PPOINTMENTS.

Personal Estate (to children).

FURTHER
WITNESS.

Revocation.

AND the said (appointor) and (other appointor) his wife, Do hereby
further direct and appoint, that in the mean time, after the decease
of the survivor of them the said (appointor) and (other appointor)
his wife, the income or the dividends, interest or annual produce of
the presumptive share of each of them the said (son) and (daughters)
of and in the said sum of £
shall be applied by the

regiment of

)

army, a hath been

trustees or trustee for the time being of the said recited indenture,
for or towards his or her maintenance, education, and support, until
such his or her share shall become vested, or he or she shall previ-
ously die. BUT, in case the said (son) should die under the age of
twenty-one years, and if each of them the said (daughters) should die
under the age of twenty-one years, and without being or having been
married, then the said sum of £
shall be divided between the
said (eldest son) and (4.) the wife of the said (husband), share and
share alike, and their respective executors, administrators, and assigns.
AND WHEREAS the said ( ) one of the sons of the said (
by the said ( ) his wife, is desirous of entering into the
commission of ensigncy in the
purchased for him, which, with fees and other expences attending the
said purchase, will cost the sum of £ or upwards. AND
whereas they the said (appointor) and (other appointor) his wife, are
desirous that the said sum of £
should be raised out of the
said trust monies; Now THESE PRESENTS FURTHER WITNESS, that
they the said (appointor) and (~~) his wife, in further pursuance of
the power or authority so vested in them in or by the said in part
recited indenture as aforesaid enabling them in that behalf, HAVE
directed and appointed, and by this present instrument in writing by
both of them signed and sealed in the presence of two credible wit-
nesses, whose names are hereunto subscribed as witnesses attesting the
same, Dodirect and appoint that they the said (trustees) and the survivor
of them, and the heirs, administrators, and assigns of the same, shall
and do immediately or as soon hereafter as may be, by and out of the
said £ Bank Annuities, the full sum of L
of lawful money
of that part of the United Kingdom called England, AND shall and
do pay and apply the said sum, when the same shall be so raised,
in completing the purchase of the said commission, to and for the use
of him the said () the son, as one of the children of the said mar-
riage. IN WITNESS, &c. (1).

(1) Here may be added a power of revocation if thought fit, as post. p. 334. n. (2).

And if it be apprehended that any question may hereafter be raised

as to the due and fair execution of the power in regard to the distribution of the trust property, a release may be added (or prepared by a separate instrument) from such of the children whose shares may be less than those of the others: as

APPOINTMENTS,

Personal Estate (to children).

* AND THIS INDENTURE ALSO WITNESSETH, that in consideration Release. of the said sum of £ part of the said trust money being so

appropriated to and between them the said

aforesaid, He the

tors; and she the

and

as

for himself, his executors and administra-
for herself, her executors and administra-

tors, have, and each of them HATH, remised, released, and for ever
quit claim, AND by these presents Do, and each of them DOTн re-
mise, release, and for ever quit claim unto the said (trustee), his heirs,
executors, and administrators, AND also to the heirs, executors, and
administrators, and assigns of the said (deceased trustee) deceased,
ALL actions and suits, cause or causes of action or suit and other
proceedings at law or in equity, accounts, reckonings, claims, and de-
mands whatsoever, which they the said (husband) and (appointee)
his wife, (
) and (
) respectively, or any or either of them,
now have or hath or ever had, or can or may or otherwise could or
might bring, commence, carry on, claim and demand against the said
(trustee), his heirs, executors, administrators, or assigns, or the said
(deceased trustee) deceased, his heirs, executors, administrators, or
assigns, or any or either of them, or their or any or either of their
lands, tenements, goods, and chattels whatsoever, for or on account of
the said sixteen shipping shares, and sixteen fire shares in the said
London Assurance Office so vested in them the said (trustees) as the
trusts of the said indenture of the
day of
as hereinbefore
recited, or any or either of them, or the dividends, interests, or yearly
proceeds thereof or any part thereof, or the sum or sums of money
produced by the sale or disposition of the said shares or any or either
of them, or for or on account or in consequence of the trusts de-
clared by the said indenture of the day of
as aforesaid, or

any of them, or any clause, matter, or thing whatsoever in the said
indenture contained or in anywise relating thereto, from the day of the
date of the said indenture up to the day of the date of these presents.
IN WITNESS, &c.

APPOINTMENTS.

Real Estate (to children).

No. CIV.

An Appointment of a Freehold Estate by a Husband and Wife, to a child, under a power in a marriage settlement. Variations where the appointment is by the survivor of the Husband and Wife. Where the appointment is to several children.Where there is a revocation of a prior appointment.

Recital of marriage settlement.

Fine.

Leaseholds.

of

which was in the year

TO ALL TO WHOM THESE PRESENTS SHALL COME, (the husband) of, &c. and (wife) his wife, send greeting. WHEREAS by indentures of lease and release, bearing date respectively the and days the release being of three parts, 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 soon afterwards took effect between the said (husband) and (wife) (1), certain messuages (2), lands, tenements, and hereditaments, therein and hereinafter more particularly described, were amongst others conveyed, settled, and assured unto the said (trustees) and their heirs, TO THE USE of the said (husband) and his assigns for and during the term of his natural life, without impeachment of waste; with remainder To THE USE of the said (trustees) and their heirs, during the life of the said (husband) in trust to preserve contingent re

(1) If the settlement were accompanied by a fine, add,

"AND by a fine sur cognizance de droit come ceo, &c. acknowledged and levied by the said (husband) and (wife) his wife, before his Majesty's Justices of the Court of Common Pleas at Westminster, in pursuance of a covenant for that purpose, in the said indenture of release contained."

(2) If the premises be leasehold, say,
"WHEREAS by indenture bearing date the
which was in the year

day of

and made or expressed to be made