No. CLXXIV.-2. (recite the will of I. T. whby he devised and bequeathed his este and the legacies therein charged) And whas by indre bearing date &c. and made betn (intended husband) therein described of of settlement. the first pt (intended wife) of &c. spinster and a legatee under the will of the sd I.T. decd of the second pt and the sd (trustees) of the third pt In conson of a marre then intended and aftwds solemnized betn the sd (I. H.) and the sd (I. W.) the sd (I. W.) did assign unto the sd (trustees) the sd legacy of £ so bequeathed to her by the will of the sd I. T. and thby directed to be raised under the trusts of the sd term of yrs To Hold the same unto the (trustees) their exs &c. Upon such trusts as are therein decld concerning the same for the bent of the sd (legatee) during the term of her natural life and after her dece for the bent of the sd (I. H.) and by the now reciting indre the sd (trustees) are authorized to rece the sd sum of £ give discharges for the same And whas (recite Act of Parlia- Of Act of Par ment for vesting pt of the estes of the sd I. T. decd entailed by his will in trees for the purpe of selling the same and paying off incumbs affecting those and or. estes) And whas the sd (trustees Of sale by trusin the Act of Parliament) have accordingly sold and conveyed the sd manors &c. so vested in them by the sd Act In Trust to be sold as afd to (purchaser) for the sum of £ being the best price that could be got for them and have applied the monies arising from the sale thof according to the directions of the same Act as far as the same would extend And whas the sd of payment in (trustees) have by and out of the sd purchase money or sum of part of legacy. £ £ and to pd unto the sd (trustees under the settlement) the sum of in paymt of the sd legacy or sum of £ Upon having the trusts affecting the same by virtue of the sd in pt recited this life in the yr liament. tees. And whas the sd (legatee) hath departed Death of leleaving the sd (husband) her husband gatee. and the sd (infant) an infant of the age of yrs or there abouts her only child her surviving who by virtue of or under No. CLXXIV.-2. Legacy. Order to refer to master. Petition of infant. about day of the sd recited will of the sd I. T. decd is seised of the estes thby devised for an este in tail in revn And whas by a decree or order of the High Ct of Chancery made and pronounced on or day in a cause then and there depending in which the sd (infant) by (guardian) his guardian and next friend is pltff and C. F. and ors. are defts It was ordered that it shd be referred to (master) one of the Masters of the sd court to inquire what incumbs affected the real estes devised by the will of Master's report. the sd I. T. deed and then remaining unsold And whas the sd Master in pursuance of the last recited order made his report in the sd cause bearing date &c. and thby certified that the pltff's real estes were inter alia subject to the sum of £ the residue of the sum of £ charged upon the pltff's este by the will of the sd I. T. deceased in favour of the sd (legatee) late the wife of the sd (husband) And whas the sd (infant) did on or about the present his petition to his Honour the Master of the Rolls stating that the sd sum was due to the trustees under the settlement made on the marre of the sd (husband) with the sd (legatee) his late wife but that all int thereon had been pd out of the rents and prfts of the pltiff's sd real estes And that the sd (husband) and his sd trustees had called for the sd sum of £ And that pursuant to a decree of the sd Ct. the surplus of the rents of the pltff's sd real este had been from time to time invested in the purchase of Three per cent. Bk Annuities And that there was standing in the name of the Accountant-General of the Ct In Trust in the sd cause to the personal este acct of the sd pltff the infant the sum of £ Three per cent. Bk Annties And in cash the sum of £ which Bk mos and cash constituted pt of the psnl este of the sd pltff And that the petitioner is desirous that so much of the sd Bk mos as shd be necessy for that purpe might be sold and applied in paymt of the sd sum of £ And that the mtge or or. secty for the sd sum of £ might be assigned to a trustee In Trust and for the bent of the sd petitioner his exs and ads and that it might be decld pt of the sd petitioner's psnl este the petitioner therefore prayed that it might be referred to the Master to take an acct of the principal money due on the sd mtge or charge of £ and to inquire whether it would be proper and for the bent of the petitioner that what shd be so in £ No. CLXXIV.-2. Legacy. trustee. conveyance. found due might be pd off and discharged by the sale of a sufficient pt of the sd Bk Annties for that purpe and that the sd Master might settle a proper transfer in case the pties differed about the same of the sd mtge or or. secty for the sd sum of unto a trustee to be approved by the sd Master who was to stand possessed thof In Trust for the bent of the sd petitioner his exs and ads And whas by an order made in the last recited cause on or about the day of (recite order in pursuance of the petition) And whas (recite the Master's ap- Master's approval of the sd (trustee)) And whas by an order of the sd Ct Proval of the (recite the order directing the Accountant-General to pay the sd £ to the sd (trustee)) And whas the sd Master hath ap- Also of the proved of these prests as a proper assnmt of the sd sum of £ and int. and hath signified such his approbation on the margin of these prests Now this Indre witnesseth That in conson of Testatum. the sum of £ &c. being pt of the psl este of the sd (infant) intended (a) to be pd forthwith after the exon of these prests by the Acct-Gen. of the Ct of Chancery to the sd (trustees) as afd the rect of which sd sum of £ is intended to be ackngd by an indorsement upon these prests They the sd (trustees) at the request and with the approbation of the sd (husband) testified &c. And in pursuance of the sd recited order of Chancery as afd Have and each of them hath bargained sold &c. and by these prests do and each of them doth bargain sell &c. unto the sd (trustee) his exs ads and ass all that the sd sum of £ being the pt remaining unpd of the sd legacy or sum of £ bequeathed to the sd (legatee) decd late wife of the sd (husband) in and by the hnbefe in pt recited will of the sd I. T. decd and by the same will directed to be raised under the trusts of the sd term of yrs thby created as afd And all int due or to grow due upon or in respect of the sd sum of £ And all the right title trust bent claim and demand whatsr at law or in equity of them the sd (trustees) and each of them into and out of the same Togr with all powers remedies and means requisite and necessy for calling in suing for or compelling paymt of the same Have hold rece take and enjoy the sd sum of £ To Habendum. and int and (a) By the practice of the Court of Chancery, money is not paid until the deed is executed. No. CLXXIV.-2. Legacy. No act to incumber. preses intended to be hby assd unto the sd (trustee) his exs ads and ass In Trust nevss for the sd (infant) his exs &c. and as pt of his psl este And each of them the sd (trustees) doth hby for himself his exs and ads &c. so far only as concerns his own acts deeds and defts covt and declare with and to the said (trustee) his exs ads and ass that they the sd (trustees) have not at any time hrtofe made done or committed or been privy to any act deed matter or thing whatsr whby or by reason whof the sd sum of £ hby intended to be assd or any pt thof is can shall or may be affected charged relsd or incumbered in any wise howsr In witness &c. see ante, No. XLVI. No. CLXXV. Stamp. Settlement of This Indre &c. see ante, No. LXXXV. Betn (assignor) of &c. of the one pt and (assignees) trustees under the marriage settlement of the sd (assignor) of the or. pt Whas by an indre bearg wife's property. date &c. and made betn the sd (assignor) of the first pt (intended wife) of &c. spinster of the second pt and the sd (trustees) of the third pt being a settlement &c. (see last precedent) after reciting among other things that the sd (I. W.) was possessed of or intitled to various outstanding debts due to her and also to a tontine annty &c. It was witnessed That the sd (I. W.) with the privity of the sd (assignor) assigned unto the sd (trustees) All and singr the debts &c. To Hold the preses unto the sd (trustees) their exs &c. Upon Trust after the solemnization of the sd marre to pay the divds &c. to such psns and in such manner as she the sd (I. W.) shd during her life notwithstandg her coverture direct or appt and in deft of apptment to pay the same into the hands of the sd (I. W.) for her separate use during her life and after her dece Upon Trust to pay all such divds and int to the sd (assignor) during his life And after his dece Is Trust for the chn of the sd intended marre in manner thin mentd And whas the sd marre betn the sd (assignor) and the sd (I. W.) took effect soon after the exon of the sd settlt And whas by an Trusts of the settlement. Annuity pur No. CLXXV. chased out of indre bearg date &c. and made betn (grantor) therein described of the first pt the sd (assignor) of the second pt and the sd (trustees) of the third pt In conson of the sum of £ pd by the trust estate. the sd (trustees) to the sd (grantor) he the sd (grantor) granted unto the sd (assignor) during the jt natural lives of the sd (grantor) and the sd (assignor) and the life of the longest liver of them one annty or clear yrly sum of £ chagbe upon all the messes lds and heredts of him the sd (grantor) situated &c. Subject to redemption on payment of the sum of £ in manner therein mentd which annty was purchased by the sd (assignor) with certain of the monies which by the sd settlemt were assd to the sd (trustees) And whas the sd (assignor) by Bond given by bond or &c. in writing bearg date &c. became bound to the sd the assignor. (trustees) for the paymt of £ lent to him by them by and out of the sd trust este and which sd sum is still due and owing to the sd (trustees) by the sd (assignor) And whas the sd M. Death of wife. (assignor's wife) departed this life leaving the sd (assignor) her husband and two chn namely E. G. of the age of &c. and W. G. of the age of &c. or thereabouts her surviving and upon the dece of the sd (wife) the sd (assignor) became intitled to rece for his life the sd int divds &c. And whas the sd (assignor) hath received from the sd (grantor) in redemption of his afd annty the sd sum of £ for which the sd (assignor) became accountable to the sd (trustees) as the trustees of the sd settlmt And Warrant of whas the sd (assignor) hath agrd to secure the paymt to the sd attorney. (trustees) of the sd sum of £ And in pt performance of his agrt hath by his warrant of atty bearg date &c. authorized certain atties of her Maj. Ct of at Westr to confess judgment agst him in or as of term last term next or some subsequent term at the suit of the sd trees for the sum of £ Now this Indre Witnesseth That in pursuance and furr performance of the sd agrt he the sd (assignor) for himself his hrs &c. doth covt promise and agree to and with the sd (trustees) their Covenant to exs &c. in manner following that is to say That he the sd pay. (assignor) shall and will well and truly pay or cause &c. unto the sd (trustees) or the survor of them or the exs &c. of such survor the sd sum of £ at or upon the day of witht any deduction or abatement whatsr And the sd (assignor) doth hby expressly direct authorize and empower the sd (trustees) or Power of at torney. |