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Provision for ance and Ma
nagement of Children.
trustees) during the life of the said (husband); or BARON AND in case either of them the said (grantees or trustees) shall be desirous to be released and discharged from, and shall neglect or refuse to act in the execution of the trusts hereby in them respectively reposed, that then and in either of the said cases it shall and may be lawful to and for the said (husband and wife) with the consent of the said children, by writing under their hands respectively to nominate, substitute and appoint a new or other trustee, or new or other trustees, for the purposes aforesaid, in the place and stead of a trustee or trustees dying, or being desirous to be discharged, or neglecting or refusing to act as aforesaid, so as that on every such change the said (husband) shall have the liberty, power and authority of substituting a trustee in the place of the said (one of the grantees) or his successor, and the said (wife) the like power of substituting a trustee in the room or stead of the said (other trustee) toties quoties as the same may happen; and upon such nomination or appointment the trustee or trustees for the time being, so to be appointed, shall from thenceforth be interested in the premises, and shall and may generally act in the execution of the trusts hereby declared in the same manner as if he or they had been originally appointed a trustee or trustees for the purposes hereinbefore expressed, and so toties quoties as often as any trustee shall happen to depart this life, or be desirous to be discharged, or neglect or refuse to act as aforesaid; and all such assignments, acts and things requisite and necessary for the effectually vesting the said premises in such new or other trustee shall be thereupon forthwith
BARON AND made, done and executed by the said (husband) FEME. and the trustee so desiring to be discharged, or Provision for neglecting or refusing to act, or by the executors ance and Ma- or administrators of the trustee so dying at the costs and charges of the said (husband) to the end that the trusts hereinbefore declared may with facility be carried into execution; and that the said (trustees) their executors, administrators and assigns shall and may deduct and retain all costs, charges and expences out of the money coming to their hands, which they shall be put unto in the execution of the trusts hereby in them reposed. IN WITNESS, &c.
Re-Conveyance by the real Representative and the Heir at Law of a satisfied Mortgagee (1).
By the Heirs of a Mortgagee.
THIS INDENTURE, made, &c. BETWEEN (the Parties. real representative of a deceased mortgagee in fee) of the first part, (the eldest son and heir at law of a lady who was the only child and heir at law of the nephew and heir at law of the said mortgagee) of the second part, (the person entitled to the equitable estate in fee) of the third part, and (a trustee appointed for the purposes hereinafter mentioned) of the fourth part. (Recites a mortgage Recites a in fee for securing a sum of money and interest.) AND WHEREAS the said principal sum of and interest were not paid at the time mentioned and appointed for payment thereof by the said indenture, whereby the estate and interest of the said (mortgagee) of and in the said messuage or tenement, lands and hereditaments so limited in use to him as aforesaid, became absolute in law. which became AND WHEREAS the said sum of and in2 terest, were afterwards duly paid and satisfied to the said (mortgagee) and the said mortgage deed was cancelled, but no re-conveyance of the said premises hath yet been made. AND WHEREAS the Mortgagee's said (mortgagee) departed this life some time in or about the year
intestate as to the said messuage or tenement, lands and hereditaments so
(1) This deed was drawn by the editor and settled by two counsel: one of whom advised that the heir at law should also be a party, and he was made a party accordingly.
RE-CONVEY- limited in use to him as aforesaid, leaving the said (nephew) his nephew and heir at law, upon By the Heirs of whom the legal estate in the said messuage or tenement, lands and hereditaments descended in fee-simple. AND WHEREAS the said (nephew) name, and by after the death of the said (mortgagee) assumed in addition to his said former and he the said (nephew) by
His heir as
will, devised to his son-in-law
the name of
his last will and testament in writing bearing date the and duly executed and attested in the manner prescribed by law for passing real estates, by devise gave and devised unto (his son-in-law) and (a friend) their heirs, executors, administrators, and assigns, ALL the messuages, lands, tenements, and hereditaments whatsoever and wheresoever conveyed to or vested in him by way of mortgage, or as a trustee, to the end that they might be enabled to convey such as were vested in him as trustee upon the proper trusts, and to foreclose the equity of redemption of the mortgaged premises, or reconvey the same on payment of the principal money and interest due thereon, as should be thought expedient and necessary by his said trus tecs. AND WHEREAS the said testator afterwards daughter, who departed this life without having revoked or altered his said will, leaving the said (a daugh. ter) his only child and heiress at law, who had intermarried with (the father of present party of the second part). AND WHEREAS the said (lady) left a son party survived her said husband, and hath since departed this life intestate, leaving the said (party of the second part) her eldest son and heir at law. The other trus- AND WHEREAS the said (other trustee) survived the said (son of trustee) and departed this life on day of intestate, leav
leaving a bro
ther his heir.
or about the
ing (his only brother) and heir at law.
WHEREAS the said
or about the
(brother) departed this life on
at law have
intestate as to By the Heirs of a Mortgagee. the said messuage or tenement, lands and hereditaments, leaving the said (first party) party death, leaving to these presents, his eldest son and heir at law, a son his heir. AND WHEREAS under and by virtue of divers Equitable fee mesne conveyances and assurances in the law, vested in a the equity of redemption or equitable estate in party hereto. fee simple of and in the said messuage or tenement, lands and hereditaments so limited in use to the said (mortgagee) as aforesaid, is now become vested in the said (party of the third part). AND WHEREAS the said (parties of the first and That the heirs second parts) as heirs at law respectively as afore- been required said, have been called upon and required by the said (owner) to release and convey the legal estate in fee simple of and in the said messuage or tenement, lands and hereditaments so limited in use to the said (mortgagee) as aforesaid, unto the said (trustee) in the manner hereinafter contained, to which request the said (heirs) have consented and agreed. NOW THIS INDENTURE WITNESSETH, Witnesseth. that in pursuance of, the said agreement, and for and in consideration of the sum of ten shillings, of, &c. to each of them the said (heirs) in hand paid by the said (trustee) upon or immediately before the execution of these presents, the receipt whereof is hereby acknowledged, THEY the said (heirs) at the request and by the direction and appointment of the said (owner) testified by his being a party to and sealing and delivering these presents, HAVE, and each of them HATH bar- Words of congained, sold, aliened, and released, and by these presents Do, and each of them DoтH bargain,