Trust of personal property by a girl before her intended marriage

Date

_____________________________________________________________________________________________for convenience referred to as husband;

_____________________________________________________________________________________________for convenience referred to as wife; 

And __________________________________________________________________________________ trustees.

 

Recitals

A marriage is intended soon to be solemnized between.....; and wife is possessed of certain property described in the annexed schedule, which, with a view to this present settlement, has been assigned and transferred to the names of the trustees. Therefore, in consideration of the intended marriage, the trustees, and the survivors and survivor of them, and the trustees or trustee for the time being, who are included under the name of trustees, shall stand possessed of the property mentioned or referred to in the schedule, upon the following trusts, namely:

1.       In trust for wife until solemnization of the intended marriage, and after the solemnization, upon trust either to permit the property to remain invested as it now is, or, with the consent in writing of husband and wife, or the survivor of them, and after the death of such survivor, at the discretion of the trustee or trustees for the time being, to convert the same into money and invest the proceeds in their or his names or name in Any Government recognised bonds or securities, or with such consent or at such discretion as stated above, from time to time to vary the investments, or other investments of a like nature.

2.       Upon the further trust to pay the annual income of the original and varied investments to wife during her life for her separate use, without power of anticipation; and after her death to husband for his life.

3.       After the death of the survivor of husband and wife, then in trust for such issue of the intended marriage, upon such conditions, and with such restrictions. and in such manner, as husband and wife shall by deed jointly appoint; and in default of such appointment, and subject to any partial appointment, then as the survivor of them shall in like manner, or by will, after the decease of him or her first dying, appoint; and in default of such appointment, and subject to any partial appointment, in trust for all the children or any child of the intended marriage, who shall attain the age of eighteen years; and if more than one, in equal shares as tenants in common: provided that the trustees or trustee for the time being may, after the death of husband and wife, or in their, his, or her lifetime, with the written consent of them or the survivor of them, raise any part or parts not exceeding altogether 1/2 of the then expectant or presumptive share of any child of the intended marriage, and apply the same for the advancement or benefit of such child as the trustees or trustee for the time being shall think fit.

4.        If there shall be no child of the said intended marriage, who shall attain the age of eighteen years, then the trust premises and the annual income of them shall be held upon such trusts and in such manner as wife shall during coverture by her will, or after the death of her husband, by deed or will, appoint.

5.       In default of such appointment, and subject to any partial appointment, in trust for wife, if she shall survive her husband, but if he shall survive her then in trust for such person or persons as under the law of succession applicable for the distribution of effects of intestates would become entitled to at her decease had she died possessed of them intestate and unmarried, such persons, if more than one, to take as tenants in common in the shares in which they would have taken under the same statutes.

 

IN WITNESS WHEREOF the parties hereto have executed these presents on the day and year first above written.

WITNESSES:

1.

2.

[Signatures of all parties]