Recitals of state of family; of previous appointment of a portion; IV. APPOINTMENT by a Father of a PORTION to a to be read as an annex [or supplemental] to an indenture of settlement, dated &c., and expressed to be made between &c. [parties]. WHEREAS there have been issue (other than an eldest son) of the said [appointor], by [wife] his wife, three sons and two daughters, that is to say, A. F., who attained the age of twenty-one years, and is since deceased, B. F., who died an infant, C. F. [former appointee], who has attained the age of twenty-one years, and is now the wife of M. N., D. F. [present appointee], who has attained the age of twenty-one years, and E. F., now an infant of the age of years, or thereabouts: AND WHEREAS by a deed-poll under the hand and seal of the said [appointor], dated &c., and thereby directed to be read as an annex to the said indenture of settlement, the said [appointor], in pursuance of the power reserved to him by the same indenture, appointed the sum of £part of the sum of £- thereby authorized to be raised for the portions of his daughters and younger sons (if three or more), as therein is mentioned, unto the said [former appointee, married name], then [maiden name], as her portion, in case her then intended marriage with the said [her husband] should take effect : And directed the same to be raised and paid immediately upon the solemnization thereof, which shortly afterwards took place, and the said sum of £- was accordingly afterwards raised by a mortgage of part of the estates comprised in the said settlement, and paid by the direction of the said [former appointee] and [her husband], to [trustee] and [trustee] as the intended mar- trustees of her marriage settlement: AND WHEREAS a marriage riage of appointee. is intended to be shortly solemnized between the said [appointee] and [intended husband], of &c.: AND WHEREAS the said [appointor], is desirous of appointing the sum of £further part of the said sum of £ so authorized to be raised as aforesaid, unto the said [present appointee], to be paid immediately upon the solemnization of the said intended (g) See ante, p. 778, note (d). tion. should take term, to raise forth with. marriage in manner hereinafter appearing. NOW THESE IV. of PorPRESENTS WITNESS that in consideration of the said intended marriage, and in exercise of the power reserved to Testatum. him by the said indenture of settlement, and of all other powers (if any) enabling him in that behalf, He the said Appointment of the portion, [appointor], hereby appoints the sum of £further in case the part of the said sum of £ by the same indenture of marriage settlement authorized to be raised for the portions of his effect. daughters and younger sons, (if three or more,) as aforesaid, unto the said [appointee], as and for her marriage portion or fortune, in case the said intended marriage shall take place; AND the said [appointor], hereby authorises and directs Authority to the surviving [trustee], the surviving trustee of the said term of two trustee of the hundred years, created by the said indenture of settlement, the portion by forthwith, or as soon as may be after the solemnization of the mortgage said intended marriage, to raise the said sum of £hereby appointed, by a mortgage of a competent part of the estates comprised in the said indenture of settlement, and to pay the same to the person or persons who shall be entitled thereto, by virtue of the appointment hereby made. PROVIDED Proviso, that appointment ALWAYS, and the said [appointor], declares that the appointment is not to prehereby made is not intended by him to prevent him from vent a further hereafter appointing any part or share of the residue of the said sum of £- to her the said [appointee], in case he should think proper so to do, or to prevent her from hereafter having or taking under and by virtue of the trusts of the said settlement (h) any part or share of the residue of the said sum of £- in case he the said [appointor] should not hereafter make any appointment of or concerning the same, or from having or taking (i) any part or share of so much of the said residue as shall or may ultimately remain unappointed by him (h) If the sum appointed be larger than the appointee's distributive share would have been, in case there had been no appointment, say 2,000l., there being, for instance, 3,000l. and three objects, one of them not having gained a vested interest in her share in default of appointment; then, provided it be the intention of the appointor, add, "in the event of the death of her sister, the aforesaid [infant], without having acquired a vested interest therein, any part," &c., ut supra. (i) "in the same event, any part," &c., ut supra. appointment to appointee, &c. LARGER AP- SHARE, WHERE IV. of Por the said [appointor]: Save only and except that the said tion. Hotchpot clause. Proviso. [appointee] shall not in (k) any event hereafter, unless by IN WITNESS, &c. Exordium. Recitals of will creating the power; LARGER APPOINTMENT THAN DISTRIBUTIVE SHARE. In case infant acquires a vested in terest, ap V. APPOINTMENT to a Daughter on her Marriage of a SHARE of TRUST FUNDS under a Power contained in a Will. TO ALL TO WHOM THESE PRESENTS SHALL COME [appointor], of &c., sends greeting. WHEREAS [testator], of &c., deceased, duly made and executed his will, and thereby, () "such event, except by," ut supra. (7) "in the same event have been," &c., ut supra. (m) The hotchpot clause will not be necessary if a similar clause is contained in the instrument creating the power. If the appointment be larger than the distributive share in default of appointment, and there is an infant, provided it be the intention, add, "But in the event of the said [infant's] living to acquire a pointee not to vested interest in the said residue of the said sum of £——, take any share subject to her said father's power of appointment, the said in default of [appointee] is not to have or take any part or share of the appointment. said residue, in case the said [father] should not make any of the residue appointment of or concerning the same, or to have or take any part or share of so much of the said residue as shall or may ultimately remain unappointed by him." of Trust after bequeathing certain specific and pecuniary legacies therein V. Of Share mentioned, gave and bequeathed the residue of his personal Funds to One. estate to [trustees] in trust for the said [appointor] during his life, and from and after his decease in trust for the child or children of the said [appointor] as he should by deed or will appoint, and in default of such appointment upon the trusts therein mentioned or referred to, and the said [testator] by his said will appointed the said [trustees] the executors thereof: AND WHEREAS the said [testator] died on the day of 18-, and his said will was duly proved on the testator; -, 18-, by the said executors in the of death of his will; family; marriage of appointee. day of Principal Registry of the Probate Division of Her Majesty's of probate of High Court of Justice: AND WHEREAS the residuary personal estate of the said [testator] is now represented by the several stocks, funds, and securities specified in the schedule hereunder written AND WHEREAS there have been four children of the of state of said [appointor], all of whom are now living, but one only namely, [appointee] has attained the age of twenty-one years: AND WHEREAS a marriage is intended shortly to be solemnized of intended between the said [appointee] and [intended husband]: NOW THESE PRESENTS WITNESS that the said [appointor] Testatum. in exercise of the power given to him by the said will, and Appointment of every other power enabling him in this behalf, hereby appoints that one equal fourth part or share of and in the said stocks, funds, shares, and securities specified in the said schedule, and of and in all other, if any, the residuary personal estate of the said [testator], and of and in the stocks, funds, shares, or securities, for the time being representing such fourth part, or shall from and after the death of the said [appointor] remain and be held in trust for the said [appointee]. PROVIDED ALWAYS that the appointment hereby Proviso. expressed to be made shall be void if the said intended marriage shall not take place within twelve calendar months from the date of these presents. IN WITNESS, &c. THE SCHEDUle above rEFERRED TO. of share. Exordium. Recital of appointor's marriage; of state of family; of state of trust-fund. VI. APPOINTMENT by a Father and Mother of STOCK amongst their CHILDREN EQUALLY, subject to their own Life Interests therein; with PROVISOES as to Survivorship with regard to Shares appointed to two Infant Daughters (by Indorsement); and a POWER of REVOCATION. ور TO ALL TO WHOM THESE PRESENTS SHALL COME, the within-named [father] and [mother], in the within written indenture called [mother's maiden name], send greeting. WHEREAS shortly after the date of the within written indenture, the then intended marriage between the said [father] and [mother], his wife, was duly solemnized: AND WHEREAS there is issue of the said marriage, now living, two sons, namely, A. B. and C. B., and five daughters, namely, E. Y., the wife of, &c., F. B., G. B., H. B., and I. B.; and all the said children, except the said H. B. and I. B., have attained the age of twenty-one years: AND WHEREAS the trust funds now subject to the trusts of the said indenture of settlement are represented by the sum of £, 37. per cent. Consolidated Bank Annuities, standing in the names of [trustees] the present trustees of the same indenture: NOW THESE PRESENTS WITNESS, that in exercise of the power to them for this purpose reserved by the said indenture of settlement, and of all other powers enabling them in this behalf, they the said [father] and [mother] hereby jointly appoint, that from and immediately after the decease of the survivor of them, the said [father] and [mother], his wife, the said sum of £- —, 37. per cent. Consolidated Bank trust for their Annuities, and the interest and dividends thereof, shall equally. remain and be IN TRUST for the said A. B., C. B., E. Y., Proviso, that F. B., G. B., H. B., and I. B. respectively, in equal shares. PROVIDED ALWAYS that if either of them the said H. B. and I. B., shall die under the age of twenty-one years, without der 21, with having been married, then the share of her so dying, of and out having been married, in the said residue of the said sum of £ Testatum. Appointment by a father and mother, that after the death of the survivor, trust-fund shall be in children if either of the two infant daughters should die un go to the children. 31. per cent. her share shall Consolidated Bank Annuities, shall go and remain to the other younger said C. B., E. Y., F. B. and G. B., and the survivor of them, the said H. B. and I. B., in equal shares. PROVIDED FURTHER NEVERTHELESS, that if both of them the said H. B. and I. B. shall die under the age of twenty-one years, without having been married, then and in such case, as well the Proviso, that if both infant daughters should die under 21, |