Gambar halaman



fications to trustees.

CONVEY. be answerable or accountable for such purchase

money or any misapplication or non-application By a Purchasır thereof, or be in anywise liable or concerned to Execution upun see to the application thereof. PROVIDED also, special Trusis.

IS HEREBY FURTHER DECLARED AND Usual indemni- AGREED between and by the parties to these pre

sents, 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 bere. inbefore 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 conformity, 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 bands 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 cousigned in execution of the trusts or powers hereinbefure 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 mostgage as aforesaid, nor for any


under an

[ocr errors]

other misfortune, loss, or damage which may 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

special Trusts. 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, bands 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 or 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

be in trust for of the parties thereto, that immediately after the

purchaser. trusts hereinbefore declared and expressed of and respecting the said several judgment creditors of the said (grandsoni ) shall bave 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


under ar

CONVEY- tors, but also all other trusts, powers, and provi.

soes hereby created, granted, and declared, shall By a Purchaser

cease and determine, to all intents and purposes Erecution upun whatsoever, that the said (relessee or co-trustees) special Trusts.

or the survivor of them, and the heirs of such survivor shall be seised of and interested in the said hereby released premises and every part thereof, IN TRUST for the said (then co-trustee and purchaser) his heirs and assigns, to and for his own absolute use and benefit, freed and discharge ed of and from the said trusts, and shall and will convey and assure the same to such person or per. sons, for such estate and estates, and subject to and upon such uses and trusts as he the said (then co-trustee and purchaser) shall or may disect or appoint, subject nevertheless and without prejudice to the said several hereinbefore mentioned specific liens and incumbrances with which the same stand affected, and are charged and chargeable. PrOVIDED AEVERTHELESS, and it is hereby further declared and agreed by and between the parties to these presents, and the true intent and meaning of these presents and of the parties hereto is, that in case the trusts hereinbefore declared of and concerning the said judgment debts and the money directed to be raised by sale or mortgage of the said hereby released premises for satisfaction thereof shall not be fully satisfied, accomplished, and raised within

years from the day of the date of these presents, it shall and may be lawful for the said several judgment creditors whose names are set forth in the said schedule hereto annexed, their executors, administrators or assigns, to sue out such execution or executions upon or by virtue of the said judg.



ments hereinafter mentioned as they shall respectively think fit or be advised for the recovery of the said several sums of money, and all costs, By e Purchaser charges, and expences which they may sustain or Exccution upon

special Trusts. be put into, in or about the recovery and receipt thereof; and that it shall not be necessary for the said several judgment creditors, their heirs, executors, adıninistrators or assigns to receive and cause their said judgments to be revived, or to do any act, matter or thing, or keep the same on foot, potwithstanding the said judgments shall have been entered on record for the space of one year. or upwards; and notwithstanding any rule or practice of the court in which the judgments are entered of record to the contrary; and that the said (purchaser) his heirs, executors or administrators shall not nor will take, have, or receive any advantage for want of receiving or keeping the said judgment on foot, or by reason or means of any informality in the issuing of the said several writs of execution, or in the levying or executing the same. And the said (purchaser) doth Parchaser cofor himself, his heirs, executors and administra- usual that he is tors, covenant, promise, and agree to and with the said (relessees) their heirs and assigns by these presents in manner following, that is to say, (purchaser) now at the time of the sealing and delivery of the presents is, and stands lawfully, rightfully, and absolutely seised (subject to the said several specific charges and incumbrances charged and chargeable thereon and affecting the same by virtue of the said several hereinbefore recited indentures, wills and judgments of and ina the said plantations and estate, negroes, and premises hereby released or intended so to be with their appurtenances,) of a good, sure, perfect,




That he will

CONVEY- absolute, indefeasible estate of inheritance in fee

simple (subject as aforesaid) without any manner By a Purchaser of condition, trust, power of revocation, or limiExecution upon tation of any use or uses, other than as aforesaid, special Trusts.

or any other restraint, act, matter, cause, or

thing whatsoever, to alter, change, charge, deMath right to termine, or incumber the same; And that the

said (purchaser) now at the time of the sealing and delivery of these presents hath in himself good right, full power, and lawful and absolute authority, (subject as aforesaid) to grant, release, and assure all and singular the plantations and premises, with their appurtenances unto the said (relessees) their heirs and assigns in manner, and

to the uses, and upon the trusts aforesaid. AND not interrupt the trust, FURTHER, that he the said (purchaser) his heirs,

executors, or administrators, or any other person or persons lawfully claiming or to claim by, from, or under him, them, or any of them shall not nor will at any time hereafter make, do, execute, commit, wittingly or willingly suffer any act, deed, matter, or thing whatsoever whereby the execution and performance of the trust hereby created and

declared shall or may be defeated, hindered, prebut on the con- vented, or in anywise retarded or delayed, but on assure the pre- the contrary shall and will from time to time and

at all times hereafter at the request of the said
(relessees) or the survivor or survivors of them,
or of any purchaser or purchasers, mortgagee or
mortgagees, make, execute, do and perform, or
cause or procure to be made, done, executed and
performed, or join with the trustee or trustees for
the time being, in making and executing all and
every such further and other lawful and reason-
able act and acts, deed and deeds, conveyances,
surrenders, and assurances in the law whatsoever,


« SebelumnyaLanjutkan »