ANCE. stock, utensils, and hereditaments therein and CONVEY in 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 which the release the was in the year of our Lord 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, Mortgage dehto not at present ANCE. under an special Trusts 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 AND The grandson's WHEREAS by indenture of release, bearing date on marriage set. tlement. Bills in chan cery filed in England by the aforesaid ille gitimate childien. or about the which was and made or day of 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 thercin 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 ANCE. under an 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 plantations 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 year day of special Trusts. Court of Chan Island for carrying inte tain orders in suit. 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 (illegitimate children) A bill in the some time 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 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 whereby it was referred to day day of the master, to whom that cause stood referred, to CONVEY appoint a proper person or persons in the island to manage the plantations and By a Purchaser estates, and to receive the rents, issues, and pro ANCE. under an of Execution 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 plantations, 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 interest due on the principal sum of 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 produce 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 the said order, bearing date the whereby he certified pursuance of day of and that he had approved and appointed (a manager) to manage the said plantations and estates in 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 day of whereby the said master. certified that he had approved and ap the said ANCE. pointed (consignee) to be the consignee in Eng- CONVEYland of the rents, issues, and profits of the said plantations and estates in , 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 of and the said reports made by the said master in |