sum of ANCE. charged upon the said planta- CONVEY. tions or estates, by virtue of the said recited in dentures of lease and release, of the and By a Purchaser under an special Trusts. days of unto and amongst such Execution upon other person or persons as may now or at any time hereafter be entitled to receive the same, and also all interest that may hereafter become and also the due and payable by virtue of the said recited in- mortgage, denture of mortgage, of the days of and the annual sum of interest of the to grandson's sterling, due and payable to the said (wife of the and the annuity said grandson) by virtue of the said recited in- wife, denture of settlement, of the 'day of such judg do not carry and also all interest of such of the said judgment and interest of debts hereinafter mentioned, as do not already ment debts as carry interest at and after the rate of per cent. interest, per annum from the day of the date of these presents, until paid, and subject to the said trusts, UPON FURTHER TRUST to pay and allow out of such rents, issues, and profits, crops and produce of the said plantation and premises unto the said also an allow (grandson) for his maintenance and support, grandson, yearly and every year during the continuance of the trusts of these presents, the annual sum of pounds sterling money of the united ance to the reduce the prin passu. kingdom of Great Britain and Irelaud, of English value and currency, and as to the residue of the rents, issues, and profits, crops and pro- and then to duce of the said hereby released premises, after cipal due on the several payments and deductions hereinbe-judgment, pari fore directed be thereout made, IN TRUST to apply the same in payment and reduction of the principal money due for or in respect of the said several judgment debts hereafter mentioned respectively, (pari passu) and without any preference or priority of payment. ANCE. under an special Trusts. if judgments the means aforesaid in a certain time mortgage or seil. years CONVEY. AND IT IS HEREBY DECLARED AND AGREED by and between the said parties to these presents, that in By a Purchaser case the said several hereinbefore mentioned judg Execution upon ment debts, and the interest thereof and every part thereof, shall not within the space of Agreement that after the execution of these presents, be raised and not satisfied by paid by and out of the rents, issues, crops, and produce of the said hereby released plantation and pretrustees may mises, or by any other ways and means, then and in such case the said (trustees) and the survivor of them, and his heirs and assigns shall stand seised and be possessed of and interested in the said several premises hereby released, subject and without prejudice to the several trusts herein before declared and expressed of and concerning the same, UPON FURTHER TRUST, that they the said (trustees) and survivor of them, and the heirs of such survivor, shall and do as soon as conveniently may be after the expiration of the said term of two years, of their own proper authority convey and dispose of absolutely or by way of mortgagesimple or for any term or terms of years, all and every the said freehold premises, slaves, hereditaments and appurtenances hereby conveyed and released and intended to be, or such a competent part thereof as shall raise a sufficient sum of money to pay off and discharge the said several judgments mentioned in the schedule thereto annexed, subject nevertheless and without prejudice to the said several specific liens and incumbrances hereinbefore mentioned to be charged and chargeable thereon by virtue of the several hereinbefore recited indentures; and shall and do execute all such deeds, conveyances and assurances of the said hereditaments and premises to the purchaser or .purchasers, mortgagee or mortgagees thereof as ANCE. under an special Trusts. money so to be to expences of shall be requisite or necessary for the completion CONVEY of such sale or sales, mortgage or mortgages, and to stand and be possessed of and interested in all By a Purchaser and every the sum or sums of money to arise and Frecation upon be produced from the sale or sales, mortgage of mortgages hereinbefore directed to be made and granted, UPON TRUST thereout in the first place and apply the to retain to and reimburse themselves and the sur- raised subject vivor all such costs, charges, and expences as the trust, they or either of them or the survivor of them and his heirs shall or may sustain, expend, or be put into, in or about the completing of such sale or sales, mortgage or mortgages or otherwise in the execution of the trusts therein and thereby reposed, and after payment thereof as to the surplus of the money arising by such sale or sales, mortgage or mortgages of the said hereditaments and premises hereinbefore released, UPON TRUST to discharge by and out of the same to pay off and discharge the said several judgments mentioned in the said schedule hereunto annexed (pari passu) and without any preference or priority of payment, and not otherwise. PROVIDED ALWAYS, and it is hereby Trustees reagreed and declared, that upon sale or mortgage of good discharge the hereby granted premises for the purposes aforesaid, the receipt or receipts in writing of the said (trustees) or the survivor of them, his heirs, executors, administrators or assigns, under their or either of their hand and hands to any purchaser or purchasers, mortgagee or mortgagees of any of the said hereby released premises shall be a full and effectual discharge for the purchase money thereby acknowledged to be received, and that such purchaser or purchasers, mortgagee or to mortgagees mortgagees, her or their heirs shall not afterwards who shall not G G the judgments pari passu. ceipts to be or purchasers be answerable or accountable ANCE. CONVEY. be answerable or accountable for such purchase money or any misapplication or non-application By a Purchaser thereof, or be in anywise liable or concerned to PROVIDED ALSO, under an Execution upon see to the application thereof. special Trusts. fications to trustees. AND IT IS HEREBY FURTHER DECLARED AND Usual indemni- AGREED between and by the parties to these presents, that the trustees hereby nominated and appointed to each and every of them, and the heirs, executors, administrators and assigns of each of them shall be respectively charged and chargeable only for such part of the rents, issues, profits, crops, and produce of the said hereby released premises, or for such part of the money so hereinbefore directed to be raised, by virtue of the trusts hereby in them reposed, notwithstanding their or any of their giving or signing or joining in any receipt or receipts for the sake of confor mity, and that they shall not be answerable or accountable for the other of them, but each of them for his own acts, receipts, neglects, or defaults, only that they or either of them shall not be answerable for any bankers, brokers, consignee, manager, overseer, agent, or other person or persons, with whom or to whom, in whose hands or custody any part of the rents, issues, and profits, crops, and produce, or the proceeds thereof, or of any part of the money so to be raised by sale or mortgage as aforesaid shall or may be lodged or deposited for safe custody, or shipped or consigned in execution of the trusts or powers hereinbefore given, and that they shall not nor shall either of them at any time be answerable for the defect of title of the lands and hereditaments so by them to be sold or conveyed absolutely or by way of mortgage as aforesaid, nor for any may CONVEY. ANCE. under an special Trusts. other misfortune, loss, or damage which happen in the execution of the aforesaid trusts or powers in or relative thereto, except the same By a Purchaser shall happen by or through their own wilful de- Execution upon fault respectively; and that it shall and might be lawful to and for the said (trustees) in these presents named, their and every of their heirs, execu tors, administrators, and assigns, by and out of the rents, issues, and profits, crops, and produce of all or any of the said hereditaments and premises mentioned to be hereby respectively granted and released, or by and out of any monies which shall come to their respective hands by virtue of any of the trusts or powers aforesaid, to retain to and reimburse himself and themselves respectively, and also to allow his and their co-trustee and co-trustees all costs, charges, damages, and expences which they of any of them shall or may sustain, expend, disburse, be at, or be put unto, in or about the execution of the aforesaid trust or powers vested in them respectively. PROVIDED ALSO, and it is The residue, the true intent and meaning of these presents and remainder to of the parties thereto, that immediately after the trusts hereinbefore declared and expressed of and respecting the said several judgment creditors of the said (grandson) shall have been in all respects fully performed and satisfied, the said (trustees) and each of them, and each of their executors, administrators and assigns shall be fully reimbursed and satisfied all costs, charges, and expences, if any, to be occasioned by relating to the trusts hereby in them reposed as aforesaid, then and in such case, not only the trusts hereinbefore declared respecting such judgment credi reversion and be in trust for purchaser. |