No. CCCLI. Conveyance in Trust to sell. debts accident of the sd (D.) shall at any time after the exon of these prests bring or commence or cause to be brought or commenced any action or actions suit or suits either at law or in equity agst the sd (D.) his hrs exs or ads or any of them or agst the sd (7.) or the survor &c. for the purpose of compelling the paymt of their respive debts or sums of money in the sd schedule mentd or for paymt of the sd annties or any of them or any pt or pts thof resply then in such case the psn or psns so bringing or commencing any such action or actions suit or suits for the purps afd shall not rece (a) or be pd any sum or sums of money for or in respect of his or their respive debts out of the preses hby conveyed or have or be intitled to have any bent or advantage whatsr under and by virtue of these prests or the trusts hby created and decld And whas it is probable that some debts of the Provision as to sd (D.) intended to be satisfied and pd under and by virtue of ally omitted in these prests may be omitted to be inserted in the schedule schedule. hereunder-written or hereunto annexed at the time of the exon of these prests but may hraftr appear and be discovered it is therefore expssly decld and agrd by and betn the sd pties to these prests that in that case provision may be made for the paymt of such debts omitted out of the schedule (if any) as the sd (T.) or the survor &c. or the trustees or trustee for the time being shall think proper to discharge and that it shall be lful for the sd (T.) and the survor &c. in case they shall think fit (but not orwise) with the consent and approbation of the sd (D.) testified in writing under his hand by and out of the money to arise from such sale or sales or by such mtge or mtges as afd to pay off and discharge all such debts as the sd trustees or trustee for the time being shall think were intended to be provided for by these prests and omitted to be inserted in the sd schedule anything hnbefe contd to the contrary notwithstanding And the Covenants from sd (D.) for himself his hrs &c. doth covt &c. with &c. the sd (T.) in manner following that is to say That for and notwithstanding Seised in fee. any act deed matter or thing by him the sd (D.) or any of his ancestors or any psn or psns claiming or to claim by from or under him them or any of them made done extd committed or suffered to the conty (except as hnaftr is excepted) he the sd (a) As to the validity of such a provision, see Pref. sect. 9. debtor. No. CCCLI. (D.) at the time of the sealing and delivery of these prests is Ifully rightfully and absolutely seised of and in or well and sufficiently intitled unto the sd freehd and copyhd manors messes &c. and heredts and all and singr or. the preses hby reld and covenanted to be surrendd or intended so to be with their and evy of their rights members and apts of a good sure perfect absolute and indefeasible este of inhance in fee-simple witht any manner of condon proviso power of limitation or revocation or any or. cause matter or thing whatsr which may can or shall alter change charge revoke determine or affect the same [other than and except the mtges and or, incumbs debts and annties hnbefe mentd or set forth in the schedule hereunder-written or hereunto annexed and which are to be pd off and discharged in manner afd and or. than and except one annty or yrly rentcharge of £ per ann. granted by the sd (D.) for the bent of his sister M. D. for her life and charged upon the sd preses at T. in the sd county of S. which is not intended by the sd pties to these prests to be redeemed but to remain a charge upon the este in case it shall not be found more convenient to be charged or made chargeable upon some or. pt or pts of the sd preses hby Not to hinder granted and reld and so to remain during her life] And that neither he the sd (D.) his hrs exs or ads or any or. psn or psns Ifully claiming or to claim by from or under him them or any of them shall and will at any time hraftr make do exte commit or wittingly or willingly suffer any act matter deed or thing whatsr whby the exon or performance of the trusts hby created and decld shall or may be defeated hindered prevented or in anywise retarded or delayed but on the contrary shall and will from time to time and at all times hraftr at the request of the sd trustees or the trustee for the time being or any purchaser or purchasers mtgee or mtgees make exte do and perform or cause or procure to be made done exted and performed or join with the trustee or trustees for the time being in making and exting all and evy such furr and or. Iful and reasone act and acts deed and deeds conveyances surrends and assancs in the law matters and things whatsr for the furr better and more perfectly granting conveying surrendg and assurg of all and singr the preses above-mentd to be hby reld and covtd to be surrendd as afd with their and evy of their rights members and apts unto and to the use of the sd execution of trusts. No. CCCLI. Conveyance in Trust to sell. trustees. (trustees) their hrs and ass upon the trusts and for the intents and purps hnbefe mentd and decld of and concerning the same and for the furr enabling them the sd (trustees) and the survor &c. to exte and perform the sd trusts so hby reposed in them according to the true intent and meaning of these prests and for the grantg conveyg surrendg and assg such pts of the sd freehd or copyhd heredts as shall be so sold with the apts thereto belonging unto and to the use and behoof of the purchaser or purchasers thof his her or their hrs or ass and for grantg convyg surrendg and assrg such pts of the sd freehd and copyhd heredts as shall be mtgd unto the mtgee or mtgees his her or their hrs exs or ads as by the sd (trustees) or the survors or survor of them or the hrs exs or ads of such survor or of any purchaser or purchasers mtgee or mtgees of the sd preses or any pt thof or any of them or their or any of their counsel shall be rsonly devised advised and required Provided always and it is hby Indemnity to agrd and decld by and betn all the sd pties to these prests that the sd (trustees) their hrs exs or ads shall each of them be charged and chargeable only for such mos as they shall resply actually rece by virtue of these prests and that the one of them shall not be answe or accte for the or. or ors of them or for the acts deeds rects neglects or defts of the or. or ors of them but each of them for his own acts deeds rects neglects or defts only And that they or any of them shall not be answe or accte for any loss or damage which may happen by the failure of any banker or goldsmith in whose custody any of the trust mos may be placed or of any psn or psns who may be employed to rece the rents issues and prfts of the sd preses And also that it shall and may be lful to and for the sd (trustees) and the survors &c. and each and evy of them in the first place by and out of the rents issues and prfts of the sd heredts and preses and the mos to arise by the sale thof to deduct and reimburse themselves resply and also to allow to each or. all such losses costs chas and exps as they any or either of them shall or may at any time or times pay sustain expend or be put unto for or by reason of the trusts hby in them reposed or the management or exon thof or any thing relative thereto and also to pay or allow to any psn or psns who shall be appted to rece the rents issues and prfts of the sd preses or any of them such salary or No. CCCLI. Conveyance in Trust to sell. Appointment of new trustees. salaries or sum or sums of money as they the sd trustees or the survors or survor of them or the hrs or ass of such survor shall think proper Provided also and it is likewise hby furr decld and agrd by and between the sd pties to these prests and it is the true intent and meaning of them and of these prests that if the sd (trustees) the trustees hnbefe named or any of them or any or. trustee or trustees to be elected and appted as hnaftr mentd shall happen to die or be minded or desirous to quit and be discharged from the trusts hby in them reposed as afd or shall refuse or neglect to act in the same at any time or times before such trusts shall be fully exted and performed then and in evy such case and from time to time and when and so often as the same shall happen it shall and may be lful to and for the sd (trustees) or the survivors or survivor of them or the hrs exs and ads of such survor or of any such trustee or trustees hraftr to be apptd as afd [by and with the consent and approbation of the sd (D.) his hrs or ass signified by writing under his her or their hand or hands] by any writing or writings under the hands and seals or hand and seal of them the sd (trustees) or the survors &c. attested by two or more credible witnesses to elect nominate and appt some or. fit and proper psn or psns to be a trustee or trustees for the purps afd in the place and stead of him or them who shall so happen to die or be desirous to quit and be discharged from the sd trusts or who shall refuse or neglect to act in the same and so from time to time as often as there shall be occasion to nominate substitute or appt any or. psn or psns to be trustee or trustees in the room and stead of the then or any succeeding or or. trustee or trustees who shall happen to die or be desirous to quit and be discharged from the trusts afd or shall refuse or neglect to act in the same And that when and so often as any such new or or. trustee or trustees shall be nominated and appted all and evy the freehd and copyhd manors messes &c. and heredts hnbefe mentd and hby granted and reld and covted to be surrendered or intended so to be or so much thof as shall not have been sold or disposed of for the purps afd or any of them and the equity of redemption of such pt or pts thof as shall be mtged and also all the trust money recd by the sale or sales mtge or mtges of any pt of the sd heredts and preses which shall not have been expended or applied in the exon of to be a trustee And evy such the sd trusts afd (if any such there be) shall be thereupon with No. CCCLI. No. CCCLII. Assignment of Stock in Trade, Debts and Effects of Copartners for the Benefit of Creditors. (General Precedent.) Obs. As to the validity of such an assignment, see Pref. s. 9; and as to the stamp, see s. 11. This Indre made &c. see ante, No. LXXXV. Betn A. and B. of &c. carrying on trade in coptship under the firm of A. and B. of the first pt (trustees) crs of the sd (copartners) named and apptd for the bent of the jt and separate crs of the sd A. and B. of the second pt and the sevl or. psns jt and separate crs of the sd A. and B. whose names and seals are hereunto set and affixed of the third pt Whas the sd A. and B. have for sevl yrs past carried on the trade or business of merchants under the firm of A. and B. and in the course of their dealings have become and now stand indebted on their jt acct to the sevl psns and in the sevl sums set opposite to their respive names in the first schedule hereunder written And whas the sd A. is indebted on his No. CCCLII. |