DISCLAIMER

Of Executor. ship and Trusts.

No. XXXI.

Disclaimer of Executorship and Trusts.

TO ALL WHOM THESE PRESENTS shall come unto and concern, (one of the trustees and executors) sends greeting. WHEREAS late of the county of

in

deceased, duly made and published his last will and testament, in writing, bearing date on or about the day of last past; and thereby gave and devised all and singular his real, personal, and other estate and effects whatsoever and wheresoever, unto (three trustees) their heirs and assigns, upon trust that they the said (trustees) and the survivors and survivor of them, and the heirs, executors, administrators and assigns of such survivor, did and should with all convenient speed, after his the said (testator's) decease, sell and dispose of all such part or parts of his estate and effects as should not consist of monies or securities for money; and should convey, assign, or otherwise assure the same unto the respective purchasers thereof; and upon trust to call in all such monies as should or might be due to him upon securities or otherwise; and should stand possessed of the monies so to be called in and raised by sale as aforesaid, and of the rents and profits of the property thereby made saleable, in the mean time, until such sale, upon the several trusts thereinafter contained. And the said (testator) appointed the said (trustees) executors of that his will; and the said (testator) did thereby direct his said trustees and executors to stand possessed of and interested in the residue of his property, in trust for his next of kin, according

day of

last.

to the statute of distribution. And the said (testa- DISCLAIMER, tor) afterwards duly made and published a codicil of Executor to his said will. AND WHEREAS the said (testator) ship and Trusts. died on or about the AND WHEREAS the said (trustee) hath not accepted the said devises and bequests made to him by the said will of the said (testator), nor the executorship thereof, and hath not in any manner acted in the trusts or duties of the said will, but hath wholly declined and waived the same. Now THESE PRESENTS WITNESS, that he the said (trustee) doth by this present deed or writing under his hand and seal, waive, disclaim, relinquish, and wholly give up ALL and every the gifts, devises, bequests, trusts, powers, and authorities whatsoever, in and by the said recited will of the said (testator) given, devised, and bequeathed to and reposed in him the said (trustee) or expressed and intended so to be and every of them, and doth hereby absolutely and irrevocably testify and declare his refusal to accept the same or any of them. IN WITNESS, &c,

Parties.

gage by demise.

ASSIGNMENT AND CONFIRMATION.

No. XXXII.

Assignment and Confirmation by Mortgagee and Mortgagor to a new Mortgagee who pays off the former.

THIS INDENTURE, tripartite, made, &c. BE TWEEN (mortgagee) of the first part; (mortgagor) of the second part; and (new mortgagee) of the Recites mort third part. WHEREAS by indenture of mortgage and demise, bearing date, &c. and made, &c. between the said (mortgagor) party to these presents, of the one part, and the said (mortgagee) likewise party to these presents, of the other part, for the securing the re-payment with interest, of the principal sum of advanced unto the said (mortgagor) by the said (mortgagee). He the said (mortgagor) for and in consideration of the said sum of paid him in hand by the said (mortgagee) DID grant and demise unto the said (mortgagee) his executors, administrators, and assigns, ALL, &c. TO HOLD unto the said (mortgagee) his executors, administrators, and assigns, from the

term of

day of

for the years, under the rent of one pepper-corn, but subject, nevertheless, to a proviso or condition therein contained for making void the same, and the term thereby granted, on payment by the said (mortgagor) his heirs and assigns, unto the said (mortgagee) of the principal with the interest thereof, at the days and times, and by such payments as in the said indenture are limited and appointed for that

sum of

purpose. AND WHEREAS default was made in payment of the said principal sum of

and

ASSIGNMENT, &c.

and Mortgagor.

ment.

interest, at the time so limited in the said inden- By Mortgagee ture for payment thereof, whereby the estate and interest of the said (mortgagee) of and in the Default in paypremises so granted and demised by the said recited indenture, became absolute in law for and during all the residue of the said term of still Principal neyears; and the said principal sum of vertheless only remains wholly due unto the said (mortgagee); due. but all interest for the same hath been duly paid and discharged to the day of the date of these presents. AND WHEREAS the said (new mortga- New mortgagee gee) hath agreed to advance at interest unto the discharge the said (mortgagor) the said sum of

to pay

off and discharge the said mortgage debt so due

has agreed to

mortgage.

to the said (mortgagee). Now THIS INDENTURE Consideration. WITNESSETH, that for and in consideration of the sum of

of lawful money of the united kingdom of Great Britain and Ireland, of English value and currency to the said (mortgagee) by the direction of the said (mortgagor) at or before sealing and delivering these presents, paid by the said (new mortgagee) in full discharge of all principal and interest due on the said recited security; the receipt whereof he the said (mortgagee) doth hereby acknowledge, and thereof and of every part thereof doth acquit, release, and discharge, as well the said (mortgagor) his heirs, executors, and administrators, as the said (mortgagor) his executors and administrators; by these presents HE the said (mortgagee) at the request and by the direction of the said (mortgagor) testified by his being a party to, and sealing and delivering these presents, HATH bargained, sold, ratification.

Assignment and

and Mortgagor.

ASSIGN assigned, transferred, and set over, AND the said MENT, &c. (mortgagor) HATH ratified and confirmed, AND by By Mortgagee these presents the said (mortgagee) DOTH bargain, sell, assign, transfer, and set over, AND the said (mortgagor) DOTH ratify and confirm unto the said (new mortgagee) his executors, administrators, and assigns, ALL, &c. AND all and singular other the premises, with their and every of their appurtenances, so by the said recited indenture granted and demised by the said (mortga gor) to the said (mortgagee) the said term of

Habendum for residue of term sans waste.

same;

years as aforesaid or intended so to be. AND all the estate right, title, interest, term of years, property, claim, and demand whatsoever of him the said (mortgagee) together with the said in part recited indenture of mortgage and demise, and all other deeds, writings, and evidences now in the custody or power of him the said (mortgagee) touching or concerning the TO HAVE AND TO HOLD the said messuage, lands, tenements, hereditaments, and all and singular other the premises hereby assigned, or intended so to be, with their and every of their appurtenances unto the said (new mortgagee) his executors, administrators and assigns from hence forth, for and during all the residue and remainder of the said term yet to come and unexpired, without impeachment of or for any manner of waste, and in as full, ample, and beneficial a manner, to all intents and purposes, as the said (mortgagee) might or could have held or enjoyed Discharge of the same if these presents had not been made, freed, acquitted, and discharged, of and from the said fresh proviso. proviso for the redemption thereof in the said indenture of mortgage and demise contained, but

redemption,

but subject to a