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ANCE.

stock, utensils, and hereditaments therein and CONVEYin the above recited indenture of release of the

nnder an

special Trusts.

mortgage from

day of particularly describ- By a Purchaser ed, TO HOLD Such parts thereof as were freehold Execution upon unto and to the use of the said (grandson) his heirs and assigns for ever; AND TO HOLD Such A running parts thereof as were personal chattel interest the grandson. unto the said (grandson) his executors, administrators and assigns. AND WHEREAS by indentures of lease and release bearing date respectively

and

and

days of

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the was in the year of our Lord the release being made or mentioned to be made between the said (grandson) of the one part, and (certain mortgagees) merchants and co-partners, of the other part; after reciting as is therein recited, the said (grandson) did for certain good and valuable considerations in the said indenture mentioned, and for the purposes therein expressed, convey and assure the said two plantations and estates called plantations, situate in the parishes of (and which are the same plantations and estates hereinbefore mentioned to be comprised in the said several recited deeds and wills unto the said (mortgagees) and their heirs by way of mortgage, for securing to them the payment of all such sum and sums of money as they the said (mortgagees) should or might lend and advance, to pay for or on account of the said (grandson) in manner and form as in the said indenture of release is particularly mentioned,) subject to a proviso or condition therein contained for redemption of the same premises as therein is particularly mentioned. AND WHEREAS the said (mortgagees) did advance, lend, and pay ascertained,

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not at present

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special Trust

CONVEY to, for and on account of the said (grandson) a considerable sum of money, the exact amount By a Purchaser whereof is not ascertained by the parties to these Execution upon presents at the time of the executing thereof, and which said sum of money together with all and singular the mortgage premises contained in the said last recited indenture of release, have and are become vested by mesne assignment in (a derivative mortgagee) of·

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day of

AND

which was and made or

The grandson's WHEREAS by indenture of release, bearing date on or about the in the year of our Lord mentioned to be made between the said (grandson) of the one part, and (certain trustees) (since deceased) of the other part, purporting to be a settlement made previous to a marriage then intended, and which was afterwards had and solemnized by and between the said (grandson) and (intended wife); he the said (grandson) did for the considerations therein mentioned, convey and assure the said two plantations and estates herein before respectively mentioned unto the said (certain trustees) and to their heirs, IN TRUST among other things to pay to the said (intended wife) and to her sole and separate use, notwithstanding her coverture, the annual sum of sterling out of the rents, issues, and profits of the said two several plantations or estates as by the said last mentioned indenture recorded in the register's office of the said island, will, on reference being thereto had, more fully and at large appear. AND WHEREAS a bill of complaint was some time since filed in his Majesty's High Court of Chancery in Great Britain by the said (illegitimate children) against the said (uncle) who was then in possession of the plantations

Billa in chan

cery filed in

England by the

aforesaid illegitimate chil

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ANCE.

under an

special Trusts.

herein before mentioned under the limitations CONVEY, contained in the said hereinafter recited will, and against the said (father of last settler) for an By a Purchaser account of what was due for and in respect of Execution upon the two sums of and the interest thereon, and that the same might be raised out of the said plantations called for the benefit of the plaintiffs in the said suit and the other persons interested therein particularly mentioned. AND the said defendants to the original bill appeared and put in their answer, AND the cause came on to be heard before the said Lord High Chancellor, on the

plantations

day of

WHEN IT WAS DECLARED that Decree. the trust of the said recited will and codicil ought to be performed and carried into execution, and the same was decreed accordingly. AND WHEREAS the said some time in the year

Court of Chan

Island for carrying inte

tain orders in

suit.

(illegitimate children) A bill in the exhibited their bill of cery of the complaint in the Court of Chancery in the island of against the said (father) for the execution cerpurpose of carrying into execution certain orders the above of the High Court of Chancery of Great Britain, made in the said original suit, and the said (grandson) having put in his answer to the said last mentioned bill, and the cause coming on to be heard before the Chancellor on the day of and it appearing that the scope of the bill of the said complainants was to carry into execution under the orders and directions of that court, a certain order made in and by the High Court of Chancery in England in the said original cause, and bearing date the day of

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whereby it was referred to the master, to whom that cause stood referred, to

CONVEY appoint a proper person or persons in the island

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to manage the plantations and

By a Purchaser estates, and to receive the rents, issues, and proExecution upon fits thereof, and to remit the same to a proper

special Trusts.

person in London, to be approved of by the said
master for that purpose, who should annually
account and pay what he should receive, as the
said court should direct; and that (the uncle of
grandson) then in possession of the said planta-
tions, and his attornies, agents and managers,
overseers and other persons employed by him,
should deliver up the said plantations and estates,
together with the negroes, cattle, stock, utensils,
and produce thereon or thereto belonging unto
the said manager so to be appointed by the said
master; and whereby it was further ordered that
the said master should take an account of the in-
terest due on the principal sum of
in
the pleadings mentioned; and it was ordered,
that the arrears, if any, and growing payments
of the said sum of
should be paid by the
person to whom such rents and profits and pro-
duce should be remitted out of such rents, profits,
and produce, into the Bank, to the credit of the
said cause on the account of the complainants
and the masters' reports made in pursuance of
the said order, bearing date the

whereby he certified

day of

that he had approved and appointed (a manager) to manage the said plantations and estates in , and receive the rents, issues, and profits thereof; and also another report made by the said master in pursuance of the said order, and bearing date the said whereby the said master. certified that he had approved and ap

day of

ANCE.

pointed (consignee) to be the consignee in Eng- CONVEYland of the rents, issues, and profits of the said plantations and estates in

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under an

special Trusts.

and that the By a Purchaser said (defendant) who was then in possession of Execution upon the said plantations, and claimed an estate of inheritance therein, subject to the payment of the said sum of charged thereon, might be ordered to deliver up possession of the said two several plantations called and all the negroes, cattle, stock, utensils, and produce thereon or belonging thereto to the said (manager) appointed by the said master in pursuance of the above-mentioned order, and that all necessary orders might be given for carrying the said order into effect; and it appeared by the answer of the said (defendant) that he admitted the said plantations had been charged with the payment of the said sum of in manner mentioned in the said bill, but the said (defendant) insisted that no interest was due or chargeable on the said sum and the matter coming on before his Honor, in the presence of the counsel on the part of the complainants and of the said defendant, and by consent on both sides, his Honor did, with such consent, declare that the said order made in the said cause by the High Court of Chancery in England, bearing date the day of and the said reports made by the said master in pursuance thereof, be carried into execution under the orders and directions of that court, and that (the said defendant) should deliver up the possession of the said two plantations, called

of

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plantations, and all the negroes, cattle, stock, utensils, and produce thereon or belonging thereto to the said (manager) appointed by the

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