No. CCXXXVII. By and to Executors.

tatum as to the

time or times and from time to time by any deed or deeds to be sealed and delivd by him in the presence of two or more credible witnesses and attested by the same witnesses shall direct limit or appt And in deft of such diron &c. And in the mean time and until the same shall take effect and from time to time subject to such uses estes trusts chas and ints as shall have been directed limited or appted by the sd (sub-purchaser) To the Use of the sd (sub-purchaser) his hrs and ass for and during the term of his natural life and from and after the determination of that este by any means To the Use of the sd A. B. his hrs and ass during the natural life of the sd (sub-purchaser) Upon Trust for him his hrs and ass And from and after the determinon of the este hby limited in use to the sd A. B. his hrs and ass for the life of the sd (sub-purchaser) Then to the Use of the sd (subpurchaser) his hrs and ass for ever and to for and upon no or. use trust intent or purpe whatsr And this Indre furr witnesseth Further testaThat in pursuance and furr performance of the sd recited agrt copy holds. and for the consons hnbefe expssd and also in conson of 10s. of like lful &c. to each of them the sd (exs of mtgor) pd by the sd (sub-purchaser) immly befe the exon of these prests the rect of which is hby ackngd they the sd (ers) at the like request and by the like diron of the sd (purchaser) testified as afd Have and each of them Hath bargd and sold and Do &c. bargain &c. unto the sd (sub-purchaser) his hrs and ass All such and so many and such pt or pts of the sd lds &c. as is or are of copyhd or customary tenure and holden of the sd manor of and by copy of Court-roll or orwise and evy pt and pcl of the same with their and evy of their rights members and appts And the revn and revns &c. And all the este &c. (see post, RELEASES) To Have &c. the sd lds or pts of lands &c. hby bargained and Habendum. sold or intended so to be and all and singr or. the preses hnbefe mentd and evy pt and pcl of the same with their and evy of their rights members and appts unto and to the use of the sd (sub-purchaser) his hrs and ass for ever at the will of the lord (or "lady") of the sd manor according to the custom of the same and by and under the rents suits and services therefore due and of right accustomd to be pd and performd And each of them the sd (exs of mtgor) so far as respects his own acts and deeds only and not furr or orwise doth separately for himself

and for his hrs exs and ads covt &c. (that he hath done no act to incumber. And the sd (purchaser) for himself &c. and the så ers of mtgee and trustees of term) each for himself &c. and the sd widow for herself doth covt &c. (that they have done no act to incumber, see No. CCXXXV.)

No. CCXXXVIHL

Of Debt and
Securities

Recita's.

Contract for purchase of debt.

No. CCXXXVIII.

Bargain and Sale and Assignment of a Debt and the
Securities for Payment of the same.

This Indre &c. see ante, No. LXXXV. Betn (trustees) of &c.
trustees of the effects of
an insolvent of the first pt
(purchaser) of &c. of the second pt and A. B. of &c. and C. D.
of &c. trustees in behalf of the sd (P.) of the third pt Whas
(recite the mortgage whereby debt is secured, then the assignment
from insolvent to trustees for the benefit of creditors) And whas
the sd (T.) have contracted with the sd (P.) for the absolute
sale to him of the sd debt or sum of £
be the amount

thof more or less or disputed or admitted and of all secties for
the same at or for the price or sum of £
seven annual instalments at the rate of £

to be pd by

per ann. yrly

day of

and evy yr until the whole thof shall be fully pd and satisfied the first payment to be made on the now next ensuing Togr with int to become due and paye in respect of the sd principal sum of £ and the unpd pt thof from time to time such int to be paid at the respive times of the payg of the sd respive instalments of the sd principal sum of £ to be secured by sevl bills of exchange to be drawn and accepted as next is hnaftr mentd and also by a conveye of the sd heredts and preses unto the sd A. B. and Acceptance of C. D. Upon the trusts hnaftr decld And whas in pt performance of the sd recited contract or agrt the sd (P.) hath accepted seven bills of exchange all bearing even date with these preses and drawn by the sd (T.) or by one of them on behalf of himself and the ors of them as such trustees as afd and made paye to Dates and times their own order for the sevl sums and at the respive times follg (that is to say) One of the sd bills being for the sum of £

bills by pur

chaser.

of payment.

and paye on the

the sum of £

day of

being in satisfaction of

No. CCXXXVIII. Of Debt and Securities.

pt of the purchase money of £

and all int due on the whole of the sd purchase money up to

day of

the sd

£

of the sum of £

and paye on the

One or. bill being for the sum of
day of

being in satisfaction

or. pt of the sd purchase money and

of all int on the unpd pt thof up to that time One or. of the sd
bills being for the sum of £
day of

and paye on the

being in satisfaction of the furr sum of £

or. pt of the sd purchase money and of all int on the unpd pt
thof up to that time One or. of the bills &c. (here recite in like
form three other bills of exchange) And the seventh and last of
the sd bills being for the furr sum of £
and paye on

the

day of

being the residue and in full satisfaction of the sd purchase money and of all int for such residue

to trustees.

up to that time And which sd sevl bills of exchange have on Delivery of bills the day of the date of these prests been delivd and accepted as afd unto the sd (T.) as they do hby resply acknge Now this Testatum. Indre witnesseth That in conson of such acceptance and delivery of the sd sevl bills of exchange by the sd (P.) as hnbefe is mentd and also in conson of 10s. of &c. to each and evy of them the sd (T.) pd by the sd A. B. and C. D. the rect &c. They the sd (T.) accg to their respive rights &c. with the privity and consent of the sd (P.) testified &c. Have and each of them Hath bargained sold aliened and reld and also assd and by &c. Do and each of them Doth by &c. bargain &c. unto À. B. and C. D. their hrs exs ads and ass All &c. the plantations &c. and all the este &c. To Have and to Hold all such pt and pts of the Habendum. sd plantations &c. and preses hnbefe described as is or are of freehd tenure with their and evy of their appts unto the sd A. B. and C. D. their hrs and ass To the Use of the sd A. B. and C. D. their hrs and ass for ever And to Have and to Hold all such pt and pts of the sd plantations &c. as is or are of freehd tenure with their and evy of their appts unto the sd A. B. and C. D. their hrs &c. To the Use of the sd A. B. and C. D. their hrs and ass for ever And to Have and to Hold all such and so many and such pt or pts of the sd plantations &c. as is or are persl este or of the nature of psl este unto the sd A. B. and C. D. their exs ads and ass from thenceforth absolutely but nevss as to all and singr the plantations heredts and preses subject to such

No.

CCXXXVIII.

Securities.

Further testatum.

Assignment of

debt.

Habendum.

right and bent of redemption in equity as the same are now Of Debt and subject or liable to under or by virtue of the provo or agrt for redemption contd in the sd indre hnbefe first recited And this Indre furr witnesseth That in pursuance of the sd agrt and for the consons afd and of 10s. to each and evy of them the sd sevl pns pties hto of the first pt also at the same time pd by the sd A. B. and C. D. the rect &c. They the sd (trustees) Have and each and evy of them Hath bargd sold assd transferred and set over And &c. by &c. Doth barg &c. unto the sd A. B. and C. D. their exs ads and ass All that the sd debt or sum of £ be the amount thof more or less and all bonds covts agrts and or. secties given and entered into by the sd (insolvent) for payment of the same and the full bent and advantage thof And all the right &c. of the sd sevl psns pties hto of the first pt To Have Hold rece take and enjoy the sd debt or sum of £ and int and all or. the preses hby assd or intended so to be and evy pt of the same and the full bent and advantage thof unto the sd A. B. and C. D. their exs ads and ass from henceforth as their own mos and effects absolutely and with full power and authty to and for the sd A. B. and C. D. and the survor of them his exs &c. to use the names and act as the atty or atties of the sd pties hto of the first pt or any or either of them their or any of their exs ads or ass or of the sd (insolvent) his exs ads or ass in recovg recvg and compelling paymt of the sd principal mos and int and preses hby assd or intended so to be and in enforcing the bent of the judgmts and or. secties for the same resply in such manner as they shall think fit witht any obligon by or on the pt of any psn or psns payg all or any pt of the sd principal mos and int to see to the applicon thof or be answbe or accble for the misapplicon or nonapplicon of the same or any pt thof but nevss upon the trusts and for the ends intents and purps hnaftr expssd and decld of or concerning the same Declaration of And it is hby agrd and decld that the sd A. B. and C. D. their hrs exs ads and ass shall stand and be seised and possd of the sd plantations heredts mos secties and pres resply hby reld and assd or intended so to be Upon Trust for the furr better and more effectually securing to the sd (trustees) their exs ads and ass the paymt of the sd sum of £ and the int thof by the instalments and on the days or times and in manner hnbefe

Power of attorney.

trusts.

No.

CCXXXVIII.

Securities.

mentd and all costs chas and expences to be occasioned by the nonpayment thof or any pt of the same And for that purpe Of Debt and upon furr trust that they the sd A. B. and C. D. or the survor of them his exs ads and ass do and shall at any time or times hraftr after deft shall be made in paymt of all or any pt of the sd sum of £ or the int thof at the respive times at which the same shall become due and paye as afd when he or they shall be thrunto in writing by the sd (trustees) or the survors or survor of them his exs ads and ass requested or at any time or times when he or they shall be so requested by the sd (purchaser) his exs ads or ass call in and by all lful ways and means compel and enforce the paymt of the sd principal mos and int hby assd or intended so to be or such pt or pts thof as shall then remain unpd And do and shall by with and out of the money so to be gotten in and recd or as the case shall require by with and out of the money which shall be voluntarily pd to him or them by the sd (insolvent) his hrs exs ads or ass in full or in pt satisfac

trusts.

of default.

tion of the secties hby assd or intended so to be In the first place To deduct costs deduct and retain to and for himself and themselves all costs in execution of chas and exps of and attending or relating to the exon of the trusts hby decld And in the next place pay to the sd (trustees) To pay instalor the survors &c. not only the sum or sums of money or in- ments in case stalments in the payment whof the sd (purchaser) his exs ads or ass shall make deft at the time or respive times hnbefe mentd but also all such and so many of the sd instalments of the sd sum of £ as shall then remain unpd although and notwthstg the bills so accepted by the sd (purchaser) as afd shall not then have become due and also all int which shall be then due in respect of all or any pt of the sd sum of £ and all costs chas and exps to be occasioned by the nonpayment of the same the sd A. B. and C. D. or the survor of them his exs ads or ass causing the sd bills resply when and as the same resply shall be pd to be given up to him or them And immly after the same shall be so given up delivering the same

to the sd (purchaser) his exs ads or ass to be cancelled And To pay residue lastly pay the residue or surplus if any of the money to be recd to purchaser. as afd and which shall not be applied for the purps afd unto the sd (purchaser) his exs &c. for his and their own use and bent And it is hby furr decld and agrd that the sd A. B. and