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ASSIGN.
MENT.

pired, did actually pass by the same indenture, in order to obviate such doubt, it hath been devised and proposed that inasınuch as the said C. Of a Term. the wife of the said J. W. is now in truth the only acting executor of the said testator W. W. named in bis will; and as it is apprehended that by the laws of this realm one executor alone, if he is an acting executor, hath sufficient power and authority to sell, assign, transfer, or dispose of all or any part of the goods or chattels, real or personal, of his testator, she the said C. the wife of the said J. W. as she is the only executor named in the last will and testament of the said W. W. who hath proved his will, and hath acted in the said executorship shall, together with the said J. W. her husband, be prayed and requested by the said 0, L. to execute some deed or instrument in writing whereby to bargain, sell, assign, transfer, make over, ratify, and confirm the aforesaid several messuages, &c. and the whole entirety thereof, upto the said, &c. their executors, &c. for the residue and remainder to come and unexpired of the said term of years, in trust as in the within written indenture is mentioned, and she the said C, with the concurrence of the said J. W. her husband, is consenting thereunto. Now By which the KNOW YE that to the end that the said several signs, messuages, tenements, lands, and hereditaments in the within written indenture mentioned and described, may the more effectually and absolutely become vested in the said, &c. their executors, &c. for the residue and remainder now to come and unexpired of the said term of TRUST as in the said within written indenture is

executrix as

years, IN

L

ASSIGN.
MENT.

mentioned; and for and in consideration of the

sum of five shillings of, &c. to the said J. W. Of a Term. and C. his wife, in hand paid by the said, &c. at

or before, &c. the receipt, &c. she the said C. the wife of the said J. W. as the only executor of the said W. W. with the consent and concurrence of the said J. W. her husband, testified by his sealing and delivering this present writing or in

strument, Hath bargained, sold, assigned, transand joins with ferred, and set over; and she the said C. W. as her husband in ratifying,

also the said J. W. her husband, (he the said J. W.joining herein for conformity) at the request and by the direction and appointment of the said O. L. testified by his sealing, &c. Do, and each of them Doth, by these presents, bargain, sell, assign, transfer, and set over, ratify and

confirm unto the said, &c. their execut-os, admihe premises. nistrators, and assigns, All and singular the seve

ral messuages, lands, and hereditaments whatsoever in the within written indenture mentioned to have been assigned, or intended to have been assigned unto the said, &c. for the residue of the within mentioned term of

years, with their and every of their appurtenances; and all the estate right, title, interest, term of years yet to come and unexpired, property, claim, and demand whatsoever both at law and in equity of the said C. W. the wife of the said W. W. as she the said C. W. is the only acting executor named in the last will and testament of the said W. W. who hath proved his will; and also all the estate and interest of the said J. W. of, in, to, or out of the said several messuages, tenements, lands, and he reditaments, and every part and parcel thereof,

ASSIGN-
MENT.

Of a Tum.

term ;

tend the inhe

TO HAVE AND TO HOLD the said several messuages, tenements, lands, hereditaments, and premises hereby bargained, sold, assigned, ratified, and confirmed, or mentioned or intended so to be, and to hold for the every part and parcel thereof, with their and residue of a every of their appurtenances, into the said, &c. their executors, administrators, and assigns, from henceforth for and during all the rest, residue and remainder of the said term of

years yet to come and unexpired, Iv TRUST NEVERTHELESS In trust to atfor the within named, &c. to the intent and pur- ritance. pose that the now residue and remainder of the said term of

years, may from henceforth attend and wait upon the freehold and inheritance of the said premises, (which are to be vested in them the said, &c. their heirs and assigns, in trust as therein is expressed) in order to protect the same premises from and against all mesne charges and incumbrauces, if any such there shall appear to be. And the said J. W. for himself, against incumbis beirs, executors, and administrators, and for brances. the said C. his wife, doth covenant, promise, and agree to and with the said, &c. their executors, administrators, and assigns, by these presents, , that they the said J. W. and C, his wife, or either of them, have not nor hath at any time heretofore made, done, committed, or executed, or wittingly or willingly permitted or suffered to be done, any act, matter, cause, or thing whatsoever, other than by their executing the within written indenture, whereby or wherewith, or by reason or means whereof the said premises hereby ratified and confirmed, and bargained, sold, and assigned, or mentioned or intended so to be,' or any part or

ASSIGN.
MENT.

parcel thereof, or the now residue and remainder

of the said term of years, are, is, can, or of a Teim. shall be impeached, surrendered, charged, or in

cumbered in title, estate, or otherwise howsoever. IN WITNESS, &c. (3)

(3) See a very elaborate opinion as to this matter in the printed Cases and Opinions, Vol. I. page 401, published by Clarke and Sons.

MORTGAGE.

MORTGAGE.

By Demise.

trust.

days of

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No. XXVI.
Mortgage by Demise to a Trustee for securing

certain Expences he had sustained under a
Deed of Trust, in consideration of his dis-
charging the Property in general from his
Demand, the Trusts having been performed or
become unnecessary.

This INDENTURE, made, &c. BerWEEN (mort- Parties. gagor) of the one part, and (mortgagee) of the other part. WHEREAS by indentures of lease Recites deed of and release, bearing date respectively the and

the release being made or expressed to be made between the said (mortgagor) of the one part, and the said (mortgagee) of the other part, the manor or lordship, or reputed manor or lordship of, &c. and certain other hereditaments in the said indenture mentioned and described, and whereof the said (mortgagor) was entitled to the fee-simple, subject to certain incumbrances, were for the considerations in the said indenture of release expressed, conveyed, or otherwise assured, or intended so to be, unto and to the use of the said (mortgagee) his heirs and assigns, upon and for the several trusts, or otherwise to such use and uses as in and by the said indenture of release is or are limited, expressed, or declared of and concerning the same. AND WHEREAS the said (mort- Under which gagee) hath incurred and sustained divers costs sustained exand expences in the execution of the trusts ex. pressed and declared by or in the said indenture

pences,

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