A Settlement on Marriage, of Stocks in a Company of Trade.

His Indenture Tripartite, made, &c. Between T. B. of, &c. of the firft Part, E. F. of, &c. of the fecond Part, and L. M. T. R. and R.D. of, &c. of the third Part. Whereas a Marriage by God's Permilion, is intended fhortly to be had and folemnized between the faid T. B. and E. F. with whom the faid T. B. is to receive a confiderable Marriage Portion. And whereas the faid T. B. is entitled to the Sum of 1000 l. Capital Stock in the Stock of the Governor and Company of Merchants of Great Britain trading to the South Sea, commonly called South Sea Stock. Now this Indenture Witnesseth, That in Confideration of the faid intended Marriage, and to the Intent that the faid Stock and the Dividends and Profits thereof, may be fecured and applied upon the Trufts, and to and for the Ufes, Intents and Purposes hereafter mentioned, He the faid T. B. doth for himself, his Heirs, Executors and Adminiftrators, covenant, promife and agree, to and with the faid L.M. T.R. and R. D. their Executors and Adminiftrators, That he the faid T. B. fhall and will within, &c. Days next enfuing the Date of thefe Prefents, in due Form, well and fufficiently transfer and Affign in the Books kept for that Purpofe, the faid Sum of 1000l. South Sea Stock to the faid L. M. T. R. and R.D. their Executors, Administrators and Affigns. And it is hereby declared, concluded and agreed, by and between all the faid Parties to thefe Prefents, That the faid Stock when fo transferred and affigned, and all the Dividends and Profits there

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of fhall be and remain in the faid L.M. T. R. and R. D. their Executors, Adminiftrators and Affigns, upon and under and fubject to the feveral Trufts, Ufes, Intents, Purposes, Conditions and Agreements herein after expreffed, (that is to fay) In Truft for the faid T. B. his Executors, Adminiftrators and Affigns, until the faid Marriage fhall be folemnized. And from and immediately after the Solemnization of the faid intended Marriage, then that they the faid L.M. T. R. and R.D. their Executors, Adminiftrators and Affigns, fhall permit and fuffer the faid T. B. and his Affigns, during the Term of his natural Life, to have, receive and take, to his and their own proper Ufe and Behoof, All the Dividends, Intereft and other Profits, which fhall, during his Life, accrue, arife, or be made, by or from the faid Stock, or any Part thereof. And from and immediately after the Decease of the faid T. B. Then upon Truft (in Cafe the faid E. F. fhall furvive the faid T. B.) to permit and fuffer the faid E.F. and her Affigns, during her natural Life, to receive and take to her and their own proper Ufe and Behoof, all the Dividends, &c. And upon this further Trust and Confidence, that they the faid Trustees, their Executors, &c. fhall and do, after the Deaths of the faid T. B. and E. F. transfer, affign, pay, apply or difpofe of the faid Stock, and the Dividends, Intereft and other Profits thereof, unto and amongst all and every the Sons and Daughters of the faid T. B. on the faid E. F. begotten, and their Children, in Cafe any of them fhall be then dead leaving Iffue, in fuch Parts and Proportions, and at fuch Time or Times, and in fuch Manner as the faid T. B. by his laft Will and Teftament in Writing, or M m 2 by

by any other Writing duly executed, fhall limit, direct or appoint the fame; And in Default of fuch Limitation, Direction or Appointment, then unto and amongst all and every the Son and Sons, Daughter and Daughters of the faid T.B. on the faid E. F. lawfully to be begotten as aforefaid, and the Children of fuch Sons and Daughters (in Cafe any of them fhall happen to be dead leaving Iffue) in equal Shares and Proportions, equally to be divided amonft such Children, if there be more than one, and if but one, then wholly to that one. And upon this further Truft and Confidence, That in Cafe the faid T. B. fhall furvive the faid E. F. and there fhall be no fuch Son or Daughter, nor any Iffue of fuch Son or Daughter living at the Time of her Decease; Or if the faid E. F. fhall furvive the faid T. B. and there fhall be no fuch Son or Daughter, nor any Iffue of fuch Son or Daughter, living at the Time of the Decease of the faid T. B. and the faid E. F. fhall not then be enfient of a Child which fhall be afterwards born, Then that the faid Truftees, their Executors, &c. do and fhall in either of the faid Cafes, (after the Deceafe of the faid E. F.) transfer, affign, pay, apply and difpofe of the faid Stock, and the Dividends, Intereft and Profits thereof to the faid T. B. (if he furvives the faid E. F.) or the Executors, Adminiftrators or Affigns of the faid T. B. after the Decease of the faid E. F. in Cafe fhe happens to furvive him as aforefaid. Provided always, and it is agreed and declared by and between all the faid Parties to thefe Prefents, that in Cafe the faid T. B. fhall be minded or defirous to have the faid Stock or any Part thereof fold, and the Money arifing by the Sale thereof, invefted in any other Stock

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or Fund, or placed out upon any Security, or laid out in the Purchafe of Lands, Tenements or Hereditaments, or to have the faid Money after it fhall have been fo invefted or placed out, in or upon any other Stocks, Funds, or Securities, called or taken in again, and difpofed of in any other Manner, and fhall fignify fuch his Mind or Defire by Writing under his Hand, figned in the Prefence of two or more credible Witneffes; That then the faid Trustees, their Executors, &c. fhall accordingly fell, and dif pofe of the faid Stock or any Part thereof, and inveft, place, lay out or difpofe of the Money arifing by the Sale thereof, in fuch other Stocks, Funds or Securities, or in the Purchase of fuch Lands or Tenements, or in fuch other Manner as the faid T. B. fhall by fuch Writing, or any other Writing or Writings to be fubfcribed and attefted as aforefaid, direct, limit or appoint, which faid other Stocks fo to be bought with the faid Money, when fo invefted or placed out up. on any fuch Funds or Securities, and fuch Lands and Tenements, when purchased, shall be transferred, affigned, conveyed, fettled and affured fo and in fuch Manner as that the fame, with the Dividends, Intereft, Rents and Profits thereof may remain, continue and be applied and difpofed of, to, for and upon the fame Trufts, Ufes, Intents and Purposes, as the faid South Sea Stock, and the Dividends, Intereft and Profits thereof are herein before directed, limited and appointed, to go, be applied and difpofed of, or as near the fame as may be, and that in all Respects according to the true Intent and Meaning of these Presents. And it is agreed by and between all the faid Parties to thefe Prefents, That the faid Trustees, their Executors, &c. fhall or lawfully

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lawfully may in the firft Place, deduct and retain out of the faid Stock fo intended to be transferred or affigned as aforefaid, or out of fuch other Stocks, &c. all fuch Sum and Sums of Money, Cofts, Charges, Expences and Damages which they or any of them fhall pay, expend, lay out, fuftain, or be put unto, for or by Rea fon or Means of this prefent Truft, or any A&t, Matter or Thing which fhall or may be done or happen in, about or relating to the Execution thereof, or touching or concerning the fame. And alfo that, the faid Truftees, their Executors, &c. fhall not be chargeable or accomptable for more Money than what they or any of them fhall respectively and actually receive by virtue of these Presents; Nor fhall the one of them be anfwerable or chargeable for or with the Act, Receipt or Default of the other of them, but each for himself and his own Act, Receipt or Default only. And in Cafe any Lofs fhall hap pen of the faid Stock, or the Money arifing by the Sale thereof, or any Part thereof, or of the Dividends, Intereft or Proceed thereof, without the Neglect or Default of them the faid Truftees, their Executors, &c. or fome of them, then they the faid Trustees or any of them, their or any of their Executors, &c. fhall not be charged or chargeable with fuch Lofs, or liable to anfwer or make good the fame or any Part thereof. In Witness, &c.

FINI S.