Trust of real property only.

Agreement made this _________, 19__, between _________[intended husband], of _________, for convenience referred to as husband, and _________[intended wife], of _________, for convenience referred to as wife, and _________ and _________, trustees.

Recitals:

1. A marriage is intended shortly to be solemnized between husband and wife, and it is agreed that the land, hereditaments, and premises described below, the property of husband, shall be settled on the trusts, declared below.

2. In consideration of the intended marriage, husband grants in trust to trustees the following described property: _________.

3. The trustees are to have and to hold all and singular the premises described above, with their appurtenances, unto the trustees, and the survivor of them, their and his successor or successors, and their and his heirs, to the use of husband and his heirs until the solemnization of the intended marriage; and after the solemnization of it.

4. Trustees, or the survivor of them, the trustee's executors, or administrators, shall, with the consent of husband and wife during their joint lives, and, after decease of either of them, with consent of survivor during his or her life, and, after decease of such survivor, at discretion of trustees or trustee for the time being of these presents, sell and dispose of the hereditaments and premises granted and released by this agreement, by public auction or private contract, either together or in parcels, with full power to buy in and resell same without being responsible for any loss that may be incurred; and also to enter into all such contracts, deeds, conveyances, and assurances, as may be deemed necessary or expedient for the purpose of completing such sale or sales.

5. The trustees, or the survivor of them, the trustee's executors, or administrators, or other trustees or trustee for the time being of these presents, shall stand possessed of the moneys to arise from such sale or sales, upon the trust, and subject to powers and provisions limited and declared below.

6. The trustees, or the survivors of them, their executors, or administrators, or other trustees or trustee for the time being of these presents, shall lay out and invest the purchase-moneys in bonds of the United States, or in real securities in the state of _________, or in or upon the shares, stock, or securities, of any company incorporated under the laws of the state or of the United States, and regularly paying interest or dividends, with power from time to time for the trustees or trustee of these presents, with such consent or at such discretion as conferred by this agreement, to alter, vary, and transpose the same as they may think fit; and shall stand possessed of the trust moneys, stocks, funds, and securities.

7. The trustees shall pay the interest, dividends, and annual proceeds of them, or permit the same to be received by husband, or his assigns, for the term of his life; and after his decease.

8. The trustee shall pay the interest, dividends, and annual proceeds, or permit same to be received by wife and her assigns, for the term of her life, in case she shall survive husband. After her decease, a trust for child, or for all or any such one or more of children of the marriage, in such parts, shares, and proportions as the husband and wife shall by any deed or deeds, with or without power of revocation and new appointment, jointly appoint. In default of such appointment, then as survivor of them, husband and wife, shall, by any deed or writing, with or without power of revocation and new appointment, or by his or her last will, or any codicil or codicils annexed to it, appoint. In default of such last mentioned appointment, for all the children or any child of the intended marriage, who shall attain the age of twenty-one years, and if more than one, in equal shares as tenants in common.

9. Provided always, that no child taking any portion of the trust moneys and premises under power of appointment limited above shall be entitled to share in unappointed part of the trust moneys and premises without bringing his or her appointed share into hotchpot, and accounting for same accordingly.

10. It shall be lawful for trustees, or survivor of them, the survivor's executors or administrators, or other trustees or trustee for time being of these presents, at any time after decease of the survivor of husband and wife, at their or his discretion, to apply whole or any part of income of presumptive share or shares to which any child or children of the intended marriage shall be entitled under trusts declared in this agreement, towards maintenance or education of such child or children, either directly or to his, her, or their guardian or guardians, without being required to see to application of it, or requiring any account of same; and to apply the residue of such income, if any, in augmentation of share or respective shares from which same shall or may have arisen.

11. It shall be lawful for trustees, or survivor of them, survivor's executors or administrators, or other trustee or trustees for time being of these presents, by and with consent in writing of husband and wife, during their joint lives, and after decease of either of them, then with consent of survivor, and after decease of such survivor, then at discretion of trustees or trustee for time being of these presents, to advance any part not exceeding ½ of presumptive share or shares of such child or children in or toward his or her placing out in some profession, business, trade, or employment, or other advancement.

12. If there shall be no child of the intended marriage, who shall attain age of twenty-one years, then trustees, and survivor of them, survivor's executors, or administrators, or other trustees or trustee for the time being of these presents, do and shall stand possessed of said trust moneys, stocks, funds, and securities upon trust.

13. For such person or persons, and for such ends, intents, and purposes, and in such manner or form [but without prejudice to the trusts declared above in favor of wife], as husband shall from time to time, or at any time, by any deed or instrument in writing, with or without power of revocation and new appointment, or by last will, or any codicil or codicils annexed to it, appoint.

14. In default of such appointment for husband, his executors, administrators, and assigns, and to pay and assign over same to him or them accordingly.

15. Until all the same hereditaments and premises shall be sold, trustees, and survivor of them, survivor's heirs, executors, and administrators, or other trustees or trustee for the time being of these presents, do and shall pay and apply net rents and profits of same hereditaments and premises, or of such part or parts of them as shall not be sold, to person or persons to whom interest, dividends, and annual proceeds of the trust moneys, stocks, funds, and securities would be payable if such hereditaments and premises had been then sold, and purchase-moneys arising from such sale or sales had been so invested. [Add clause for appointment of new trustees, and indemnity clause.]

In witness, etc.



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