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 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 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, 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. |