Volume 33 Item 05: James Macarthur marriage settlement, 1838

64 Marriage Settlement James Macarthur Amelia Stone 1838

and two documents connected herewith

FREEHOLD or Copyhold of inheritance in possession or for some long and absolute term of years of which Sixty years at least shall remain unexpired at the time of such purchase and that it shall and may be lawful to and for the said Trustees and Trustee for the time being with such consent or such distinction as aforesaid to revert such unassuaged lands and hereditaments or any part or parts thereof into money by a Sale thereof and stand and be possessed of the money arising from such Sale or Sales upon the same or the like Trusts as are hereby declared of the money which shall be invested in the purchase of the unassuaged lands and hereditaments to be purchased from time to time and also that it shall and may be lawful to and for the said Trustees or Trustee for the time being (with such consent or in such direction as aforesaid) from time to time until such Sale to make such Leases of such unassuaged lands and hereditaments at full improved rents for any term or number of years not exceeding twenty one years in possession as the said Trustees or Trustee for the time being shall think proper and also that the said Trustees or Trustee for the time being shall in the mean time and until such Sale or Sales apply the rents and annual amount of the unassuaged lands and hereditaments to be so purchased as aforesaid to the benefit of the same persons and in the same proportions as the interest of the money to be invested in such purchases as aforesaid would for the time being have have been applicable in case such purchases had not been made and in all other respects shall stand and be seized of and interested in the unassuage's lands and hereditaments to be so purchased from time to time as aforesaid upon the the same Trusts and for the same ends intents and purposes and with under and subject to the same powers provisions declarations and agreements as are herein before expressed declared and contained of and concerning the said Mortgage debt or sum of Ten thousand pounds Stg [indecipherable] funds and Securities or such and so many of them as from time to time be subsisting or capable of taking effect and PROVIDED ALSO and it is hereby further declared and agreed by and between said parties to these presents that the receipts of the Trustees or Trustee for the time being acting in the trusts of these presents shall be good and sufficient discharges to all persons paying them or him any money in consequence of the Trusts or powers vested in them or him by virtue of these presents for the money which in such scripts shall be expressed to have been received and that such persons after having obtained such scripts or their respective heirs executor, administrators or assigns shall be not be liable to see to the application or be answerable or accountable for the loss misapplication or nonapplication of the same monies or any part thereof PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that if the Trustees hereby appointed or to be appointed as hereinafter is mentioned or any of them or their or any of their heirs executors administrators or assigns shall die or desire to be discharged or decline or become incapable to act in the Trusts hereby in them repose as aforesaid before the said Trusts shall be fully executed then and as often as the same shall happen it shall and may be lawful to and for the said James Macarthur and Amelia Stone during their joint lives and after the decease of either of them to and for the survivors of them during his or her life and after the decease of such survivor to and for the then surviving or continuing Trustees or Trustee or the executors or administrators of the last surviving or continuing Trustee by any Deed or Deeds Instrument or Instruments in writing to be by them him or her sealed and delivered in the presence of and attested by two or more credible witnesses from time to time to nominate or appoint any other person or persons to be a Trustee or Trustees in the place of the Trustee or Trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and as often as any new Trustee shall be nominated and appointed as aforesaid all the Trust estates monies and premises which shall be then subject to the Trusts declared in and by these presents shall thereupon with all convenient speed be respectively conveyed assigned and transferred in such manner so as that the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing Trustee or Trustees as occasion shall require upon and for the Trusts intents and purposes herein before declared or such of the same Trust's intents and purposes as shall be then subsisting undetermined and capable of taking effect and every person so to be appointed as aforesaid shall have all the powers and authorities of the Trustee in whose room he shall be substituted PROVIDED LASTLY AND IT IS HEREBY FURTHER AGREED AND DECLARED that the said several Trustees hereby appointed or to be from time to time appointed as aforesaid and each and every of them and their and each and every of their heirs executors administrators and assigns shall be charged and chargeable for such monies only as they respectively shall actually receive by virtue of the Trusts hereby in them reposed notwithstanding their or any of their giving or signing or joining in giving or signing any script or scripts for the sake of conformity and that any one or more of them shall not be answerable or accountable for the other or others of them and also that it shall be lawful for them with and out of the monies which shall come to their respective hands by virtue of the Trusts aforesaid to retain to and reimburse themselves respectively and also to allow to their co-trustee or Co-Trustees all costs charges damages and expenses which they or any of them shall or may suffer sustain expend or be put into in or about the execution of the aforesaid Trusts or in relation thereto IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals

25/

AFTER the decease of the said Amelia Stone and the determination of the trust hereinbefore declared for the benefit of the said James Macarthur remain and be in trust for all and every the Children and Child of the said James Macarthur by his said intended or any future wife was being a son or sons shall attain the age or respective ages of Twenty one years or being a daughter or daughters shall attain the age or respective ages of Twenty one years or shall respectively marry under that age with the consent of her or their Parent or Parents Guardian or Guardians and to be paid and transferred to and divided between or amongst such Children (if more than one) in equal shares as tenants in common and their respective executors administrators and assigns on or at the same ages days or times respectively if the same shall happen after the decease of the survivor of them the said James Macarthur and Amelia Stone but if the same shall happen in the lifetime of them or of the survivor of them then immediately after the decease of such survivor and in case there shall be but one such Child then the whole of the said Trust monies stocks funds and securities and the interest dividends and annual produce thereof shall be in trust for such one or only Child his or her executors administrators and assigns and be paid and transferred to him her or them at such age or time as aforesaid accordingly PROVIDED ALWAYS and it is hereby agreed and declared between and by the said parties to these presents that if there shall be no Child of the said James Macarthur by his said intended Wife in whom the said three fifth parts or shares or some parts thereof shall become absolutely vested under the Trust and provisions hereinbefore declared then and in such case said three fifths parts or shares and the interest dividends and annual produce thereof or so much thereof as shall remain unapplied or undisposed of under the powers and provisions hereinafter contained shall remain in Trust for the said James Macarthur his executors administrators and assigns for his and their absolute use and benefit AND IT IS hereby declared and agreed by and between the said parties to these presents that the provision hereby for the said Amelia Stone shall be in lieu of all dower or thirds to which she may or otherwise might have become entitled by the Common Law Custom or otherwise PROVIDED ALWAYS and it is hereby declared and agreed by and between the said parties to these presents that it shall and may be lawful to and for the Trustees or Trustee for the time being of these presents at any time after the decease of the said Amelia Stome and the determination of the Trust hereinbefore declared in favor of the said James Macarthur to apply all or any part of the dividends interest and annual income arising from the portion to which any Child may for the time being be entitled presumptively or in expectancy under or by virtue of the trusts hereinbefore declared or any part (not exceeding one moiety of the principal of such portion respectively during the minority of any such Child in or towards his or her maintenance education or advancement in the World in such manner as the said Trustees or Trustee for the time being shall think fit and also that so much of the Dividends interest and annual Income arising from the portion or share of each such Child respectively as shall not be so applied for maintenance and education or advancement as aforesaid shall from time to time be added to the principal monies of the same portion or share and be improved at interest [indecipherable] with the same and as a part thereof by way or in the value of compound interest PROVIDED ALSO and it is hereby further declared and agreed by and between the said parties to these presents that it shall and may be lawful to and for the Trustees'or Trustee for the time being of these presents with the consent in writing of the said Amelia Stone during her life and after her her decease in the discretion of the said Trustees or Trustee from time to time to release or exonerate the whole or any portion of the estate comprized in and conveyed by the said Indenture of Release of even date with these presents or to be comprised in or converted by any new or other security or securities to be taken or accepted in lieu thereof from the said mortgage debt or sum of Ten Thousand pounds thereby secured and all interest for the same or from the principal monies and interest for the time being due or owing upon the security of the same and to convey the same estates or any portion thereof so exonerated and released as aforesaid to the said James Macarthur his heirs and assigns or in such manner as he or they shall direct or appoint and to accept any other security or securities as or by way of a substitution for the same or the portion thereof so released or exonerated or in the event of any such release or discharge affecting a portion only and not the whole Estates to rely upon the security of the remaining portion of the same without taking or requiring any new or additional or substituted security PROVIDED ALSO And it is hereby declared and agreed by and between the said parties to these presents that it shall and may be lawful for the Trustees or Trustee for the time being of these presents (with the consent in writing of the said James Macarthur and Amelia Stone or the survivor of them during the lives or life of them or the survivor of them and after the decease of such survivor at the direction of the said Trustees or Trustee ) to lay out and invest the whole or any part or parts of the said Mortgage Debt or sum of Ten Thousand pounds after the same shall have become payable or have been received and the monies which shall arise from the sale or Transfer of any stocks funds and securities in or upon which the same mortgage debt or sum of Ten Thousand pounds or any part thereof shall have been laid out or invested in the purchase of unassuaged lands or hereditaments in England & New South Wales or elsewhere of an Estate of

257 [left margin one pound postage stamp overstamped LONDON 6.6.18]

THE consent in writing of the other of them during his or her life and after the decease of such survivor at the discretion of the said Trustees or Trustee for the time being lay out and invest the said mortgage debt or sum of Ten thousand pounds as and when the same shall become payable and be annually invested in the names or name of them or him the said Trustees or Trustee in the purchase of such stocks funds or other securities in England New South Wales or elsewhere whether real or personal or of any other description whatsoever and wheresoever situate which the said Trustees or Trustee may deem safe or eligible and so and shall from time to time (with such consent or at such discretion as aforesaid) alter or vary the said stocks funds or securities so to be purchased or adopted as aforesaid for any other stocks funds or securities answering any or either of the descriptions aforesaid as to them or him shall deem proper and so and shall stand possessed of and interested in the said sum of Ten Thousand pounds or the stocks funds or securities in or upon which the same shall or may for the time being be or remain laid out or invested UPON TRUST to pay apply and dispose of the interest in dividends and annual produce thereof when and as the same shall from time to time become due and payable unto such person or persons and for such intents and purposes as the said Amelia Stone shall from time to time notwithstanding her said intended or any future coverture by any note or writing under her hand but so as not to dispose of or affect the same by sale mortgage charge or otherwise in the way of anticipation debt or appoint and in default of such direction or appointment into her own hands for her own sole separate and peculiar use benefit and disposal independently of her said intended or any future husband and so that the receipts of the said Amelia Stone or her appointees shall notwithstanding coverture to be good discharges for the money therein expressed to be received. AND UPON FURTHER TRUST from and immediately after the decease of the said Amelia Stone to pay the interest dividends and annual produce of the said sum of Ten thousand pounds stocks funds and securities unto the said James Macarthur or otherwise permit and authorize him to receive or retain the same for and during his life or until he shall become bankrupt or insolvent or until he shall make any general assignment of his Effects or composition for the benefit of his creditors and from and after the decease of the said James Macarthur or his bankruptcy or insolvency or the making of any such general assignment or composition as aforesaid Two equal fifth parts or shares of the said sum of Ten thousand pounds stocks funds and securities and the interest dividends and annual produce thereof shall remain and be IN TRUST for all and every the children and child of the said Amelia Stone by her said intended or any future husband who being a son or sons shall attain the age or respective ages of twenty one years and who being a daughter or daughters shall attain the age or respective ages of twenty one years or shall respectively marry under that age with the consent of her or their parent or parents guardian or guardians and to be paid and transferred to and divided between or amongst such children (if more than one) in equal shares as tenants in common and their respective executors administrators and assigns on or at the same ages or times respectively if the same respectively shall happen after the decease of the said Amelia Stone and the determination of the trust hereinbefore declared in favor or for the benefit of the said James Macarthur but if the same shall happen in the life time of the said Amelia Stone or during the continuence of the trust aforesaid then immediately after her decease and the determination of the said trust and in case there shall be but one such child of the said Amelia Stone then the whole of the said two fifth parts or shares and the interest dividends and annual produce thereof shall be IN TRUST for such one and only child and his or her executors administrators or assigns and be paid and transferred to him her or them at such age day or time accordingly. PROVIDED ALWAYS And it is hereby argued and declared between and by the said parties to these presents that if there shall be no child of the said Amelia Stone by her said intended husband in whom the said two fifth parts or shares of and in the said sum of Ten thousand pounds stocks funds and securities or some part thereof shall become absolutely vested under the trusts and provisions hereinbefore declared there and in such case the said two fifth parts or shares and the interest dividends and the annual produce thereof or so much of the same respectively as shall remain unapplied or undisposed of under the powers and provisions hereinafter contained shall from and after the decease of the said Amelia Stone and the determination of the trust hereinbefore declared for the benefit of the said James Macarthur and such failure of the issue of the said Amelia Stone as aforesaid remain and be upon the trusts following (that is to say) upon and for such trusts interests and purposes and with under and subject to such powers provisions declarations and agreements as the said Amelia Stone by any deed or deeds instrument or instruments in writing to be by her sealed and delivered in the presence of and attested by two or more credible witnesses or by her last Will and Testament in writing or any Writing purporting to be her last Will and Testament or any Codicil or Codicils thereto shall notwithstanding her said intended coverture from time to time direct or appoint and in default of any such direction or appointment and so far as any such direction or appointment if incomplete shall not extend on trust for the said James Macarthur his executors administrators and assigns for his and their absolute benefit AND AS TO AND CONCERNING the three other or remaining fifth parts or shares of the said sum of Ten thousand pounds trust monies stocks funds or securities and the interest dividends and annual produce thereof the same shall from and

TO THE USE of the said James Macarthur his Heirs and Assigns and from and immediately after the solemnization of the said intended marriage To the 21st of the said George Warde Norman George Stone the younger William Macarthur and James Bowman their heirs and assigns subject nevertheless to a proviso or agreement contained in the said Indenture of release now in recital for redemption of the said premises and the reconveyance thereof on payment by the said James Macarthur his heirs executors administrators or assigns unto the said George Warde Norman George Stone the younger William Macarthur and James Bowman or the Survivors or Survivor of them their or his executors administrators or assigns of the sum of Ten thousand pounds and interest thereon at the rate of ten pounds per cent per annum in manner following that is to say the sum of five hundred pounds (part thereof) being half a year's interest for the said sum of ten thousand pounds after the rate aforesaid at the expiration of six calendar months next after the solemnization of the said intended marriage and the sum of ten thousand five hundred pounds( residue thereof) being the whole of the said principal sum of ten thousand pounds and another half year's interest for the same after the rate aforesaid at the expiration of six calendar months then next following without any deduction or abatement whatsoever And by the said Indenture of release the said James Macarthur covenanted with the said George Warde Norman George Stone the younger William Macarthur and James Bowman for payment of the said sum of ten thousand pounds and interest at the times and increments herebefore mentioned in case the said intended marriage should be had and solemnised And in the said Indenture of release is contained a proviso that if the said James Macarthur his heirs executors & administrators or [indecipherable] shall well and truly pay or cause to be paid unto the said George Warde Norman George Stone the younger William Macarthur and James Bowman their executors assessors or assigns interest for the said Sum of ten thousand pounds at the rate aforesaid at the expiration of six months to be computed from the day of the solemnization of the said intended marriage and thenceforth at the expiration of every succeeding period of six calendar months during the life of the said Amelia Stone or within one calendar next after every of the same half yearly sums of payment they the said George Warde Norman Stone the younger and William Macarthur and James Bowman their executors administrators and assigns shall not nor will call in the said sum of Ten thousand pounds nor bring [indecipherable] or prosecute any Action suit or other proceeding at Law or in Equity either for obtaining the possession of the said one undivided moiety of and in the said tracts of land and other hereditaments or for the purpose of foreclosing the Equity of resumption thereof or upon the covenant therein contained for payment of the said sum of Ten thousand pounds and interest until after the decease of the survivor of them the said James Macarthur and Amelia Stone and it is by the said Indenture agreed and declared that the said George Warde Norman Stone the younger William Macarthur and James Bowman and the survivors and survivor of them their and his executors administrators and assigns shall stand and be possessed of and interested in the said sum of Ten thousand pounds and the interest thereof upon the trusts to and for the intents and purposes and with under and subject to the powers provosoed agreements and declarations expressed declared and contained in and by an Indenture alreadr prepared and ingrossed and bearing or intended to bear even date with the said Indenture now in ecrital NOW THIS INDENTURE WITNESSETH that inconsideration of the said intended marriage and of the provision made or secured or intended to be made or secured for the Amelia Stone and her issue by these presents and by the said Indenture bearing even date herewith She the said Amelia Stone Doth hereby declare direct and appoint That in case the said intended marriage shall be had and solemnised the said Mary Roxburgh George Stone William Egerton Storiey Stone and Robert Fullar or other the Trustees or Trustee for the time being of or acting under the said herein before writed will of the said William Roxburgh deceased shall from and immediately after the solemnization of the said intended marriage stand and be possessed of and interested in all and every such sum and sums of money as she the said Amelia Stone is now or at any time hereafter can or may or in case these presents has not been made and executed could or might have become entitled under or by virtue of the said will for or in respect of her share or shares as well original as surviving or accruing of and in the residuary personal estate and effects of the said William Roxburgh deceased IN TRUST to pay assign and transfer the same unto the said James Macarthur her said intended husband his executors administrators and assigns as his and their own proper monies absolutely in exclusion of the said Amelia Stone and to the intent that she may be wholly debarred from all right to receive or participate in the same by reason of the same not reduced into possession during the lifetime of the said James Macarthur AND THIS INDENTURE being the Indenture referred to in the hereinbefore in part ecrited Indenture of even date with these presents ALSO WITNESSETH that in pursuant and further performance of the said agreement and in consideration of the said intended marriage IT IS HEREBY ARGUED AND DECLARED between and by the said parties to these presents that the said George Warde Norman George Stone the younger William Macarthur and James Bowman their executors administrators and assigns shall stand and be possessed of and interested in the said sum of Ten thousand pounds and interest secured by the said hereinbefore ecrited Indenture of even date with these presents upon the trusts to and for the intents and purposes and with under and subject to the powers provisoes agreements and declarations hereinafter expressed or declared and contained of and containing the same (that is to say) UPON TRUST that they the said George Warde Norman George Stone the younger William Macarthur and James Bowman and the survivors and survivor of them and the executors administrators and assigns of such survivor do and shall with all convenient speed after the same shall have become payable according to the tenor of the said Indenture of even date with these presents all in ecrover and obtain the payment of the said sum of Ten thousand pounds and interest either by exercising the powers of sale and disposition contained in the said Indenture of Release or by such other ways and means as to them or him the said Trustees or Trustee shall seem proper or expedient AND UPON FURTHER TRUST that they the said George Warde Norman George Stone the younger William Macarthur and James Bowman and the survivors and survivor of them and the executors administrators and assigns of such survivors do and shall (with the consent in writing of the said James Macarthur and Amelia Stone his intended wife during their joint lives and after the decease of such one of them as shall first depart this life with