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ASSIGN-
MENT.

of the said

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in case she shall happen to survive him, to be testified in writing under his or her hand, to sell, assign, transfer, and dispose of the said stocks, funds, or securities, or to call in the monies thereon invested, and to place out or invest the monies arising from or by such sale or disposition, or so called in upon other stocks, funds, or securities, and from time to time at such desire or with such consent and approbation testified as aforesaid, to alter and transpose such stocks, funds, or securities, so as such new stocks, funds, or securities, and the monies placed thereon be and remain vested in the same trustees upon such and the like trusts, and to and for such and the like intents and purposes, and with, under, and subject to such and the like powers, provisoes, declarations, and agreements as are in and by these presents declared and expressed of and concerning the said stocks, funds, securities, and monies thereby made saleable, alterable, and disposable, or such and so many of them as shall then be existing, undetermined, and capable of taking effect. PROVIDED ALSO, and it is hereby likewise declared and agreed, that for and notwithstanding as aforesaid, it shall and may be lawful to and for the said trustees, or the survivors or survivor of them, his executors, administrators, and assigns, and they are hereby respectively directed and required at such desire and with such consent and approbation, testified as aforesaid, to make sale and dispose of such stocks, funds, or securities, or to call in the monies thereon invested, or any of them or any part of them, and to lay out the monies arising from or by such sale and disposition, or to be so called, in the purchase

or purchases of any messuages, lands, tenements, or hereditaments to be situated somewhere in that part of the united kingdom of Great Britain and Ireland called England, which messuages, lands, tenements, or hereditaments shall be forth with conveyed, settled, and assured to the use of the said (assignor) during his life, with remainder to the said his wife, during her life, with remainder to the right heirs of the said (assignor) for ever; and that the messuages, lands, tenements, and hereditaments so to be purchased, shall and may be again sold and disposed of or exchanged, and the money arising by such sale or disposition shall and may be again, laid out and invested either in or upon such stocks, funds, or securities as aforesaid, or in the purchase of other estates, at such desire and with such consent and approbation as aforesaid, and every settlement so to be made of such messuages, lands, tenements, or hereditaments, shall contain powers for the said (assignor) during his life, and for the said his

wife after his decease, to demise or lease the same for any term not exceeding twenty-one years in possession at the most improved rent, and without fine, premium, or foregift; and in case it shall happen that the messuages, lands, tenements, or hereditaments so to be purchased shall be more than equivalent to the value of the monies hereby secured, so that the same shall not produce sufficient to complete the purchase thereof, it is hereby declared that the residue of the money necessary to complete such purchase shall and may be raised by mortgage of the whole or any part of the said purchased premises, and such mortgage shall precede and have a priority over

ASSIGN-
MENT.

Of Bond.

MENT.

the uses to which the same are hereinbefore directed to be conveyed. PROVIDED LIKEWISE, Of Bonds. and it is hereby declared and agreed, that for and Power to pay notwithstanding as aforesaid, it shall and may be part of the mo- lawful to and for the said trustees or the survivors ney to assignor. or survivor of them, his executors, administra

case of dis

tors, or assigns, and they are hereby respectively directed and required, in case they shall think proper, but not otherwise, at the desire or with the consent and approbation of the said (assignor) testified in writing under his hand and seal by sale or disposition of a competent part of the said stocks, funds, or securities, or by sale, disposition, or mortgage of a competent part of the messuages, lands, tenements, or hereditaments that may be purchased therewith as aforesaid, to raise and levy any sum or sums of money, not exceeding in the whole, and to pay the same unto and for the benefit and further advancement in Provision, in life of the said (assignor). PROVIDED fürther, and it is hereby declared and agreed that in case, and when and as often as, any variance, dispute, or question shall happen or arise, touching or concerning the execution of the trusts aforesaid, or any matter, clause, or thing in these presents contained, or the construction thereof, before any suit shall be commenced or brought by any of the parties or persons between whom such variance, dispute, or question shall arise or happen, and to prevent any such suit being brought, as far as in the power of the said parties hereto now lies or they can, and in case the parties or persons aforesaid cannot agree to settle or determine the same between or among themselves, such variance, dispute, or question shall be referred to, resolved,

putes.

per

ASSIGN

MENT.

Of Bond.

discussed, and determined by two indifferent sons, to be elected by or between the said parties or persons in dispute within twenty days after such variance, dispute, or question shall arise or happen, and in case such two persons cannot agree to determine the matter to them to be referred within thirty days next after such reference, then the same shall be referred to and resolved, discussed, and determined by one indifferent person, such as the said referees shall for that purpose nominate and appoint umpire in the premises, who shall determine the same within forty days next after he shall be appointed umpire; and whatever order, end, or determination the said two referees or umpire shall make as aforesaid touching the premises, the said parties and each and every of them shall stand to, perform and keep, on pain to the party or person refusing of forfeiting and paying all costs, damages, and expences occasioned thereby. AND LASTLY, it is hereby pro- Power of apvided, declared, and agreed by and between the trustees. said parties hereto, that in case any one or more of the trustees abovenamed, or any of the trustees who shall be appointed by virtue of this power, shall happen to die before the said trusts and powers shall be fully executed, or shall relinquish or desire to be discharged, or become incapable of acting in the execution of the same, it shall and may be lawful to and for the said (assignor) during his life, and after his decease for the said or for her the said during his life, in case he shall become incapable by the act of God or otherwise, or the continuing or surviving trustees or trustee, if both of them the said (assignor and Ann) shall become incapable as

pointing new

ASSIGN-
MENT.

Of Bond.

aforesaid, to nominate and appoint any other person or persons to be a trustee or trustees in the room of such trustee or trustees who may so die, relinquish, desire to be discharged, or become incapable of acting as aforesaid, for such and the like purposes, and to execute and perform such and the like trusts and powers as the trustee or trustees so dying, relinquishing, desiring to be discharged, or becoming incapable of acting in the said trusts and powers are hereinbefore respectively appointed to do and execute; and that every such new trustee or trustees so to be nominated and appointed as aforesaid shall have, and all necessary acts shall be done for investing such new trustee or trustees with the like interest, power, and authority to act in the premises as the trustee or trustees in or to whose place he or they shall succeed, is and are hereby invested with. AND gooddischarges. ALSO, that the receipt or receipts of the said trus tees respectively for any monies by them receivable and to be received, as well of or from the obligors in the abovementioned bond, as from any other person or persons under or by virtue of these presents shall for so much money as in such receipt or receipts shall be expressed to be received, be a sufficient discharge or sufficient discharges to the person or persons paying the same, who shall not be answerable for or obliged to see Usual indemni- to the due application thereof. AND ALSO, that the several trustees hereinbefore named or to be appointed as hereinbefore mentioned, shall not nor shall any of them, their, or any of their heirs, executors, or administrators be chargeable with, responsible or accountable for any sum or sums of money received by or on account of or under the

Trustees' receipts to be

fications to

trustees.

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