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and his wife
to act as trustees in their
married. AND WHEREAS upon the decease of the APPOINTsaid M. C. intestate, (which happened in the year ) letters of administration of all and New Trustees. singular her goods, chattels, and credits were granted to the said A, D. then A. C. from the Prerogative Court of Canterbury. And whereas the said E. P. died in the life-time of the said J. S. who afterwards died intestate, leaving the said M. D. then M. B. his great niece and heiress at law, and heiress according to the custom of the said manor of
AND WHEREAS the said And that A. D. A. D. and M. bis wife, not having acted, and were desirous of being desirous of not acting in the execution of . W. and B. F. the said trusts, the said A. D. hath proposed in pursuance or by virtue of her power as adminis- stead. tatrix, as aforesaid, to appoint the said G, W. and B. F. to be trustees for the subsisting purposes of the said settlement in the place of the said E. P. and J. S. both deceased, (which proposal bath met with the approbation of the said W. D., and also of the said R. C.) and the said G. W. and B. F. are consenting to take upon themselves the execution of such part of the said trusts as remain to be performed. Now THESE Appointment. PRESENTS WITNESS, that in pursuance and by force and virtue of the said recited power or powers, and of all and every other power and powers, authority and authorities whatsoever in the said A. D. vested as administratrix as afore said, or in any wise enabling her in this behalf, and in exercise and execution thereof respectively, she the said Å, D. Doth, (with the consent and approbation of the said W. D. and R, C. testified by their signing, sealing, and delivering these presents,) by this present deed or writing, under
APPOINT- her hand and seal, by her executed in the presence
of the two or more credible persons whose names New Trustees. are intended to be hereon indorsed as witnesses
attesting her execution of these presents, nominate and appoint the said G. W. and B. F. to be trustees for such of the purposes of the said indenture of settlement, as remain to be answered or performed in the places and steads of the said E. P. and J. S. both deceased. And in pursuance of the said nomination and appointment, it is hereby agreed and declared by and amongst the said parties to these presents, that all such acts, deeds, fines, surrenders, assurances, matters, and things shall and may forth with be done, executed, and performed, at the expence of the said trust estate as shall be necessary or adviseable for conveying, surrendering, and assuring the said manor, and several freehold and copyhold messuages, lands, hereditaments, and premises so vested in the said A. D. and M. his wife, in right of the said M. as heiress of the said J. S. as aforesaid, unto and to the use of the said G. W. and B. F. their beirs and assigns, upon such and so many of the trusts, for such and so many of the purposes, and subject to such and so many of the powers, provisoes, declarations, and agreements in and by the said indenture of settlement of the
expressed and declared concerning the messuages, lands, or tenements which should or might be purchased with the trust monies and bank annuities therein mentioned, as are now subsisting undetermined, or capable of taking effect, or being performed. IN WITNESS, &c.
Of Annuity and
Powers for securing it.
Deed of Confirmation of an Annuity charged on
Leasehold Premises, and fresh Powers of Distress and Entry, the Grantor having become possessed of the legal Estate since the original Grant.
TO ALL WHOM THESE PRESENTS shall come unto and concern, the within named (grantor of the annuity) sends greeting. Whereas at the Recites that
legal estate was time of the grant of the within mentioned an- outstanding at nuity or rent charge of
made by the the time of the
grant of ansaid (grantor) to the within mentioned (grantee), nuity. the said (grantor) was not possessed of the legal estate of and in the within mentioned premises charged and made liable to the payment of the same annuity or rent charge, but the legal estate therein was vested in the within named (trustee of the legal estate) who held the same premises (inter alia) under a lease granted to him by an indenture dated the
day of by me (the lessor). AND WHEREAS a commission A commission of bankruptcy under the great seal of Great Bri. against the
of bankruptcy tain, was shortly afterwards issued against him
appvistment of the said (trustee), and he was thereupon declared assignces. a bankrupt; and all the estate and effects of the said bankrupt were assigned to (assignees and trustees of the estate) who were duly elected and chosen assignees of his estate and effects. AND A decree in WHEREAS by a decree or decretal order of the assignees should High Court of Chancery made on the
sir ender a lease.
in a cause then depending between the said (grantee) and the said (assignees), it was os Annuity and (amongst other things) ordered and decreed that for securing it. the said ( assignees) should execute a surrender of
the term granted to the said (trustces) by the said indenture of the
as to go much thereof as related to the said messuages or and that lessors tenements within mentioned ; and it was further a fresh lease to ordered that the said (lessor) should execute a
fresh lease of the said messuages or tenements
within mentioned to the said (grantee), the plainRecites the sur-tiff in the said suit. AND WHEREAS the said
(assignees) in pursuance and obedience to the said in part recited demise, did by indenture bearing date the day of
surrender and yield up to the said (lessor) his executors, administrators, and assigns, the said messuages
or tenements and premises witbin mentioned, with And new lease, the appurtenances. And whereas in perform
ance of and obedience to the said in part recited decree, the said (lessor) did by indenture dated the day of the sanie
demise, lease, and to farm let to the said (grantee) his executors, administrators, and assigns, the said messuages or tenements and premises within mentioned for the term of
years from the And that gran- AXD WHEREAS the said (grantee) in pursuance signed to
of his covenant contained in the within mentioned indenture of the
; did by indenture bearing date the instant, assign and transfer the said messuages or
tenements, dwelling houses and premises within That the powers mentioned unto the said (grantor).
AND entry given by whereas the power of distress and entry, and the grantor were
remedies within given and provided for enforcing ineffectual by
tee had as
day of thereof, he
has agreed to
the due and punctual payment of the within mentioned annuity or rent charge are incomplete and ineffectual, by reason that the said (grantor) was by reason of his not then in possession of the legal estate of the the legal estate
when hegranted within mentioned premises. AND WHEREAS the them. said (grantor) is now by virtue of the said But being now recited indenture of assignment of the possessed of the legal estate of and in ratify the an
nuity and effece the said premises ; and the said (grantee) hath tuate the applied to and requested the said (grantor) to tress and entry.
powers of disassure, ratify, and confirm the same annuity or rent charge, and to corroborate and effectuate the powers and remedies so within given and provided for securing the punctual payment thereof, in
pursuance of his the said (grantor's) covenant within contained for further and better assurance. Now thESE PRESENTS WITNESS that for the fur- Therefore it is ther and better assuring unto him the said (gran.
witnessed, that tee) his executors, administrators, and assigns, the samne annuity or rent charge of
within mentioned, and corroborating and confirming the powers and remedies to him and then given in and by the within written indenture ; and in virtue of his the said (grantor's) covenant within contained for further assurances, He the said (gran- he doth tor) Hatu granted and confirmed, and by these ratify the anpreseots Doth grant and confirm unto the said (grantee) his executors, administrators, and assigns, the same annuity of hold, receive, and take the same annuity to him and them, in the manner and form within mentioned. And the said (grantor) doth, for the and charge the
premises thereconsiderations aforesaid, hereby charge and make with ; liable the within mentioned messuages or tenements, dwelling-houses and premises, with the