freely to dispose of the trust estate, by her will or by her testamentary appointment, to such person or persons as she may bequeath the same to, and not to interfere with the said trust estate otherwise than in conformity to the provisions of this indenture.

In witness, &c.

Signed, sealed, &c.

SETTLEMENT OF WIFE'S REAL AND PERSONAL ESTATE IN CONTEMPLATION

,

OF MARRIAGE.

THIS INDENTURE of three parts, made this A.D. 18 by and between A. M., of spinster, of the first part, W. M. and R. M., of the second part, and H. B., of

part,

day of

of

clerk, of the third

WITNESSETH, that whereas a marriage is intended to be had and solemnized between the said parties of the first and third parts, and the said A.M. is possessed of certain real and personal estate, to wit, one undivided seventh part of all the estate, real and personal, whereof her late father, W. M., Esquire, died, seized and possessed, all which the said A. M., with the consent of the said party of the third part, is minded and disposed to transfer and convey unto the said parties of the second part, in trust for her own proper use and benefit:

Now, therefore, in consideration of the premises, and of one dollar paid to the said A. M. by the parties of the second part (the receipt of which is hereby acknowledged), the said A. M. doth hereby give, grant, bargain, sell and

convey unto the said W. M. and R. M., and their heirs and assigns, and to the survivor of them, and his heirs and assigns, one undivided seventh part of all the estate of which the said W. M., Esquire, died, seized and possessed, consisting of real estate, bank, insurance, and manufacturing stocks, furniture and other personal property, wheresoever the same may be situated; To have and to hold the same to the said W. M. and R. M., and their heirs and assigns, and to the survivor of them, and his heirs and assigns forever, but upon the special trusts and for the uses and purposes, and subject to the powers and obligations following, and none other, namely:

First. That until the solemnization of the said intended marriage, the said trustees shall hold the said estate and property to and for the sole use of the said A. M., and shall pay over to her, or empower her to receive for her own use, all the rents, income and dividends, arising from or out of the said trust funds or estate.

Secondly. That from and after the solemnization of the said intended marriage, the said trustees shall collect and receive the rents, income and dividends of the said trust estates and moneys, or of any estates or property which may be substituted therefor, as is hereinafter provided, so often and whenever the same may be due and payable, and, after the deduction of all incidental expenses, shall pay over the same to the said A. M., upon her sole and separate receipt, and free from the control or interference of any person whomsoever, during her coverture with the party of the third part.

Thirdly. That in case of the decease of the said A. M., after the solemnization of the said marriage, and during the life of her said husband, the said trustees shall hold the said estate to and for the use of such person or persons as the said A. M., by any instrument in writing subscribed by her in the presence of two witnesses, shall name and appoint to take and enjoy the same: And the said trustees shall forthwith execute and deliver all such deeds and papers as they shall be advised by counsel learned in the law to be proper and needful to convey and set over the said trust estate and funds to the person or person's so named and appointed; and in default of such appointment, the said trustees shall hold the said estate to and for the use of her said husband, for and during his life, and shall collect and pay over to him, from time to time, after deducting all incidental expenses, all the rents, income, and the profits of the trust estate, or may suffer him to collect and receive the same, he keeping the real estate in good repair: And from and after the decease of the said husband, the said trustees shall hold the same to the use of such heirs, or of the legal representatives of the said A. M. as would be entitled to the same in and by the statutes of this Province now in force, regulating the distribution of intestates' estates, in case the said A. M, had died, seized and possessed thereof intestate; And the trustees shall execute and deliver all such deeds and instruments as may be needful to transfer the said trust estate or funds unto the persons hereby specified and named.

--

Fourthly. That in the event of the decease of the said party of the third part, leaving the said A. M. him

And it is hereby expressly apreed by and

betwem all parties hereto that notwithstanding anything herein contained that if it should happen that a case of necessity of exfficent importance to require any part of the principal to be paid to the said party of past, and be so deered by a judge of the Court of Chy for Autaris to whom application for that purpose shall be made and pack Judge shall grant his certificate or order for that purpose under the seal of the Court it, shall and may be lawful for said harties of 2nd hart to pay to said party of first hart out of the principal the said trust premises such surow

tify

of

as aforesaid in his opinion to be pist and money as such ridge chaliceeproper under the circumstances on the case. made out before hime - And it shall also be lawful for said parties of the 2nd part tome. tain the amount of casts of such applica tion for any such order or orders certificati Certificatis all such sum or semis of money so to be paid to said party of the 12 hart to be in all respects

as if such part or parts of the principal were a part of the ordinary income of said trust premises.