Gambar halaman
PDF
ePub

LEASE AND
RELEASE.

Upon Trust to

Sell, &c.

invested until

they can be applied.

every or any of the timber and other trees now standing or being on any of the lands hereinbefore mentioned to be situate in aforesaid, a moiety whereof is expressed to be hereby granted and released for the best price that can be reasonably had or gotten for the same respectively; and that the clear monies arising by such sale or sales shall be applied in and for the same purposes, and paid and payable to the same persons, and in the same manner as hereinbefore expressed or declared with respect to the rents, issues, and profits of the said granted and released premises respectively, until the same shall be so sold as aforesaid. Or otherwise, that it shall and may be lawful to and for the said trustees or trustee for the time being, to apply all or any part of the monies arising from such timber and trees, and shares of timber and trees as aforesaid, in or towards payment, satisfaction, and discharge of all or so much of the said principal sum secured on the said mortgage, and of the interest of the same as

[ocr errors]

That monies be to them or him shall seem proper. PROVIDED ALSO, and it is hereby further declared and agreed, that in the mean time and until the monies to be raised or received by virtue of these presents can be respectively applied to the purposes hereinbefore directed, the same shall be laid out in government, or on real security at interest; and that the interest and dividends thereof from time to time, shall be applicable to the same purposes as are hereinbefore expressed with respect to the said principal sum or sums respectively, and shall in the mean time go in accumulation thereof. PROprove the pre- VIDED FURTHER, and it is hereby declared and agreed by and between the said parties to these

Power to de.mise and im

mises until

sale.

presents, that in the mean time, and until

any

such sale or sales shall be made of all or any part

LEASE AND
RELEASE.

Sell, &c.

fications as to

of the premises expressed to be hereby grant- Upon Trust to ed and released, it shall and may be lawful to and for the said (trustees) or the survivors or survivor of them, or the heirs of the survivor, from time to time, to lett, sett, demise, manage and improve the same for such times or terms respectively, and in such manner as to them or the survivors or survivor of them, or the heirs of the survivor, shall appear most advantageous and beneficial for the said estate, and the parties interested in the monies to arise from the sale thereof. AND IT IS ALSO AGREED, that they the said trus- Usual indemnitees and each of them, shall be answerable only trustees. for such monies as they shall respectively actually receive, and not any one or more of them for the receipts of any others or other of them, their or any of their joining in any receipts for conformity only notwithstanding. Nor shall they or any of them be answerable or accountable for any loss which may happen to or befal the said trust estate, monies or property, by reason of the failure of any stock, fund, or security wherein or whereon the same may be invested; or by the failure or insolvency of tenants, or of any person or persons in whose hands any of the said trust monies may be deposited for safe custody; or by reason or means, or in the course of any remittance or remittances to parts beyond seas; or by the non-payment of any bill or bills of exchange; or the failure or default

of

any agent, receiver, or attorney to be employed by them the said trustees or any of them for the purposes of these presents; or by reason or means of any other cause or thing whatsoever, so as such loss

RELEASE.

S-!!, &c.

LEASE AND do not happen by or through the wilful neglects or defaults of the said trustees or trustee for the Upon Trust to time being or any of them. And in such case the person or persons by or through whose default the same shall happen, shall be alone liable to make good the same. AND FURTHER, that they the said trustees or trustee for the time being, and each of them, shall and may by and out of the first monies which shall from time to time come to hand by virtue of the trusts aforesaid, deduct and retain to him and themselves respectively, and pay and allow to each other, and the representatives of each other all such sum and sums of money as they shall respectively bear, pay, sustain, lay out, expend, or be put unto, in or about the execution or defence of the trusts hereby in them respectively reposed, or otherwise in relation thereto, any thing hereinbefore contained to the contrary notwithstanding. AND the said (William Doe) covenanting for himself and for the said (Hannah his wife), and for his and her heirs, executors and administrators; and as, to, for, and against his and her acts and deeds, and the acts and deeds of the said (John Fenn and Hannah his wife, and William Stiles) and of the ancestors of the said (William Stiles) and of the person or persons claiming or to claim under or in trust for them or any of them as hereinafter mentioned exclusively and only. AND the said (Abell Roe) covenanting for himself and for the said (Ann his wife) and for his and her heirs, executors, and administrators; and as, to, for, and against his and her acts and deeds, and the acts and deeds of the said (John Fenn and Hannah his wife, and William Stiles) and of the ancestors of the said

Usual covenants for the title.

RELEASE.

(William Stiles) and of the person or persons LEASE AND claiming or to claim under or in trust for them or

Sell, &.

any of them, as hereinafter mentioned exclusively Upon Trust to and only. AND the said (Joseph Denn) covenanting for himself and the said (Mary his wife) and for his and her heirs, executors and administrators; and as, to, for, and against his and her acts and deeds, and the acts and deeds of the said (John Fenn, and Hannah his wife, and William Stiles) and of the ancestors of the said (William Stiles) and of the person or persons claiming or to claim under or in trust for them or any of them as hereinafter mentioned exclusively and only, Do hereby severally and separately in manner aforesaid, (and not any one or more of them the said (William Doe, Abell Roe, and Joseph Denn) for the acts or deeds of the other or others of them, or of the wife or wives, trustees or representatives of the other or others of them) covenant, promise, declare, and agree to and with the said (1) (trustees) their heirs and assigns in manner following, (that is to say) that for and notwithstanding any act, deed, matter or thing by them the said (William Doe and Hannah his wife, Abell Roe and Ann his wife, Joseph Denn and Mary his wife) or any or either of them; or by the said (John Fenn and Hannah his wife) or either of them; or by the said (William Stiles) or any of his ancestors, made, done, committed, or wilfully suffered to the contrary) they the said (William Dve and Hannah his wife,

(1) The grantors are made to covenant with the trustees for the title, because such covenants will run with the land for the benefit of the purchasers.

RELEASE.

Sell, &c.

LEASE AND Abell Roe, and Ann his wife, and Joseph Denn, and Mary his wife) or some of them, now are Upon Trust to and stand, or one of them is and standeth lawfully, rightfully and absolutely seized of and in the said messuage or tenements, lands, hereditaments, and premises, with the appurtenances hereinbefore mentioned to be situate in a foresaid; and of and in the aforesaid moiety or undivided half part of and in the said barn, lands, hereditaments and premises, with the appurtenances hereinbefore mentioned to be situate at

aforesaid, of and for a good, sure, perfect, absolute, and indefeasible estate of inheritance in fee simple in possession, without any manner of consideration, use, trust, limitation, power of revocation, or any other restraint, cause, matter, or thing, to alter, change, charge, abridge, defeat, or determine the same estate. AND that (for and notwithstanding any such act, matter, or thing as aforesaid) they the said (William Doe, and Hannah his wife, Abell Roe, and Ann his wife, and Joseph Denn, and Mary his wife) or some of them, now have in themselves, or one of them hath in himself or herself good right, fall power, and lawful and absolute authority to grant, release, convey, limit, and assure all and singular the messuage or tenement, lands and hereditaments hereinbefore described to be situate at

aforesaid. AND the said moiety or undivided half part of the said barn, lands, and hereditaments herein before described to be situate at aforesaid, unto and to the use of the said (trustees) their heirs and assigns, in manner aforesaid, and according to the true intent and meaning of these presents. AND ALSO, that all

« SebelumnyaLanjutkan »