No. CLXXV. the survor &c. to rece the sd sums of £ Money. and £ and also all int divds and annual or or. proceeds of the befe mentd trusts stocks funds and secties comprised in and subject to the trusts of the before recited indre of settlt and to which he the sd (assignor) is intitled for his life and from time to time when and as the same shall be recd after full paymt and discharge of all costs chas and exps incurred and to be incurred in and about the exon of the afd trusts to lay out or invest the residue thof in the names of the sd (trustees) or the trustees or the trustee for the time being at int until the same shall amount to the sd sum of £ or so much thof as he the sd (assignor) shall contrary to his afd covt fail to make up and pay as hnbefe mentd Probe answerable. vided that nothing herein contd shall oblige or require the sd (trustees) their exs &c. to sue or even apply for the paymt of the sd sum of £ or any pt thof nor shall they the sd (trustees) Trustees not to or any or either of them be in any wise answe for any more Assignor not to money or mos than they shall resply actually rece And the sd receive trust estate. Indemnity to trustees. (assignor) for himself his exs and ads doth hby covt promise and agree with and to the sd (trustees) or the survor &c. that he the sd (assignor) shall not nor will at any time or times hraftr take rece rele or discharge any pt of the sd trust mos and preses witht the consent in writing of the sd (trustees) first had and obtained for that purpe And that he the sd (assignor) shall and will from time to time and at all times make do and exte and suffer or cause to be made &c. all and evy such furr and or. lful acts deeds assts and assurs in the law whatsr for the furr better more perfectly and satisfactorily assuring the sd sum or sums int divds and preses unto the sd (trustees) or the survor &c. and for the furr and more effectually enabling them to recover rece and dispose of the same In Trust as afd in such manner and form as by the sd (trustees) their exs &c. or their counsel learned in the law shall be reasy devised advised or required And furr that the sd (assignor) his exs &c. shall and will from time to time and at all times hraftr well and sufficiently save defend keep harmless and indemnified them the sd (trustees) each and evy of them and each and evy of their exs &c. and each and evy of their goods chattels lds tents and heredts of from and agst all costs losses dams and exps which they or either of them shall or may suffer sustain or be put unto for or by reason or means of their or either of their acts in or about the exon of the trusts of the sd in pt recited indre of settlt or of having permitted or suffered any pt of the sd trust este to be recd by the sd (assignor) contrary to the strict meaning of the sd trusts or of any sums of money being due or owing by him the sd (assignor) to the sd trust este or orwise in relation thereto or to the trusts created by the sd in pt recited indre of settlt. And lastly that he the sd (assignor) his hrs exs or ads shall and will within six mths after each of the sd two sons E. and W. of the sd (assignor) shall attain his age of 21 procure from him and deliver to the sd (trustees) or the survivor of them &c. a full and complete rele and indemnity in respect of the sd trust preses and his claims under the sd settlt Provided that nothing therein contd shall extend to injure or affect the ints of the sd E. and W. or either of them in and to such pts of the sd trust funds as shall then actually remain vested in the sd (trees) or &c. And furr it is hby expressly decld and agrd by and betn the sd pties that they the sd (trustees) and the survor of them &c. shall and will stand possessed of and interested in the stocks and secties to be purchased with the sd sum of £ hnbefe covtd to be pd by the sd (assignor) as afd or in deft of such paymt in the int divds and annual proceeds hnbefe directed to be recd upon such and the same trusts and subject to such and the same powers provos declons and apptmts as the same are or ought to be subject or liable to under or by virtue of the sd in pt recited indre of settlt In witness &c. see ante, No. XLVI. No. CLXXV. No. CLXXVI. Assignment of a Sum of Money by way of Security for the No. CLXXVI. Money. This Indre made &c. see ante, No. LXXXV. Betn (assignor) of &c. of the one pt and (assignee) of &c. of the or. pt Whas by Recitals. indre &c. (recite settlement giving power of appointment to hus band and wife) And whas (recite appointment of &c. by the husband at his dece to the assignor his son) Now this Indre Testatum, witnesseth That in conson of £ to the sd (assignor) well and Money. Habendum. Proviso to make assignment void. Covenant to pay. No. CLXXVI. truly pd by the sd (assignee) the rect &c. He the sd (assignor) Hath granted bargained &c. and by &c. doth grant &c. unto the sd (assignee) his exs &c. All that the sum of £ so given and appted unto the sd (assignor) as hnbefe mentd and all the este right title int property possibility claim and demand whatsr both at law and in equity or orwise howsr of him the sd (assignor) of in to out of or upon the preses hby assd or any pt thof resply with full power and authy to and for the sd (assignee) his exs ads and ass &c. (see Assignment of a Debt) To Have &c. the sd sum of £ and all and singr or. the preses hby assd unto the sd (assignee) his exs &c. to and for his and their own use Subject nevss to the proviso or condon hnaftr mentd Provided always That if the sd (asignor) his exs or ads do and shall pay unto the sd (assignee) his exs &c. the sum of £ with int for the same of £ per cent. at or before the end of twelve cal mnths from the date hereof Then these prests shall be void And the sd (assignor) for himself his exs and ads doth hby covt &c. with the sd (assignee) his exs ads and ass in manner following that is to say That he the sd (assignor) his exs or ads shall and will pay unto the sd (assignee) his exs ads and ass the sd sum of £ with int after the rate afd at or before the end of twelve cal mths from the date hereof And also that he the sd (assignor) hath not done &c. any act to incumber (see Assignment of Bill of Sale) And that he hath in himself good right and full power to assign the sd sum and the preses hby assd or intended so to be unto the sd (assignee) his exs ads and ass in manner afd And furr That he the sd (assignor) his exs and ads and all or. psns claiming or to claim any right title or int of and in the sd sum of £ or any pt thof by from or under or in trust for him the sd (assignor) his exs and ads shall and will at all times hraftr upon evy request of the sd (assignee) his exs ads and ass but at the costs and chas of the sd (assignor) his exs and ads do make and exte all such furr assnments and assurs for more perfectly and absolutely assigning and assuring the sd sum of £ unto the sd (assignee) his exs ads and ass as by him and them or his or their counsel in the law shall be advised Power of sale. and required Provided always and it is hby decld and agrd that if deft be made in payment of the sd sum of £ hby secured or any pt thof resply contrary to the true intent and No act to incumber. Good right to assign. Further as surance. and int Money. meaning of these prests it shall be lful for the sd (assignee) his No. CLXXVI. exs ads or ass absolutely to sell and dispose of the sd sum of £ and preses hby assd freed from the provo for redemption hnbefe contd and all or. equity of redemption whatsr by public auction or private contract altogr or in pcls and generally in such manner as he the sd (assignee) his exs &c. shall think proper And to assign and assure the sd sum and preses or any pt or pts thof when sold unto the purchaser or purchasers thof And to rece the purchase money for the same and thereout in the first place to pay the costs of such sale or sales and all or. costs incident thereto and in the next as he or they shall appt and int hby secured or such place to satisfy the sd sum of £ pt thof contrary to the provo or covt hnbefe contd but that the the Assignment of a Mortgage, see post, MORTGAGES. Mortgage. Assignment of a Mortgage Term, and the Money due thereon, subject to the Trust to be declared by a Marriage Settlement, see post, SETTLEMENTS. No. CLXXVII. Concurrence of necessary. No. CLXXVII. Assignment of a Mortgage from the Executors of a Mortgagee to a Person advancing the Money where the Mortgagor is not a Party. Obs. 1. An assignment of a mortgage is in reality the assignment mortgagor why of a debt, that debt being collaterally secured by a charge upon a estate, Matthews v. Walwyn, 4 Ves. 118. A mortgagee may assign without the mortgagor being a party, Newport's Case, Skinn. 483; but the safer course is, that the mortgagor should join in the transfer. If an assignee pay arrears of interest it will not be considered principal, and bear interest, unless the mortgagor concur in the assignment, E. of Macclesfield v. Fitton, 1 Vern. 169; Smith v. Pemberton, 1 Ch. Cas. 68; Ackenhurst v. James, 3 Atk. 271. 2. By the 3 G. 4, c. 117, amending the 55 G. 3, c. 184, any transfer, assignment, or reconveyance of any mortgage or other security, provided no further sum of money be added to the principal money or stock already secured, is chargeable only with the usual deed stamp of 11. 15s. and the further progressive duty of 11. 5s. As to the assignment of mortgages, see further MORTGAGES. This Indre made &c. see ante, No. LXXXV. Betn (assignors) executors of A. B. late of &c. deceased of the one pt and (assignee) of &c. of the or. pt Whas by an indre of assignment bearing and made betn (mortgagor) therein date the day of described of the one pt and the sd A. B. decd of the or. pt It is witnessed that in conson of the sum of £ to him the sd (mortgagor) pd by the sd A. B. he the sd (mortgagor) did grant and demise unto the sd A. B. his exs &c. inter alia All those the messes &c. (parcels) To Hold the same unto the sd A. B. his exs &c. from the then last past for the term yrs under the yrly rent of a peppercorn Subject nevss to a provo therein contd for redemption upon paymt by the sd (mortgagor) to the sd A. B. of the sum of £ of day of and int on the |