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By a Purchaser

under an

tors, but also all other trusts, powers, and provisoes hereby created, granted, and declared, shall cease and determine, to all intents and purposes Execution upon 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 discharged of and from the said trusts, and shall and will convey and assure the same to such person or persons, 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 direct or appoint, subject nevertheless and without prejudice to the said several herein before mentioned specific liens and incumbrances with which the same stand affected, and are charged and chargeable. PROVIDED NEVERTHELESS, and it is hereby further declared and agreed by and be tween 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



under an

special Trusts.

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 a Purchaser charges, and expences which they may sustain or Execution upon 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, administrators 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, notwithstanding 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 Purchaser co for 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 in the said plantations and estate, negroes, and premises hereby released or intended so to be with their appurtenances,) of a good, sure, perfect,

venants as.



under an


That he will not interrupt the trust,

CONVEY- absolute, indefeasible estate of inheritance in feesimple (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, deHath 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 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 reasonable act and acts, deed and deeds, conveyances, surrenders, and assurances in the law whatsoever,

trary further


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under an

special Trusts.

for the further and more perfect and absolute CONVEY. granting and releasing, assigning, and assuring all and singular the premises above mentioned to By a Purchaser be hereby respectively released and assigned, with Execution upon their and every of their rights, members and appurtenances, unto and to the use of the said (relessees) their heirs, executors, administrators and assigns, upon the trusts, to the uses, and for the intents and purposes hereinbefore mentioned and declared of and concerning the same; and for the further and better enabling them the said (relessees) or the survivors of them, their heirs, executors or administrators to execute and perform the said trusts so hereby reposed in them according to the true intent and meaning of these presents, and for the granting, conveying, and assuring of such parts of the said freehold hereditaments as shall be so sold or mortgaged unto the purchaser or purchasers, mortgagee or mortgagees, his or their heirs, executors or administra tors as by the said (relessees) or the survivor or survivors of them, their heirs, executors or administrators, or any mortgagee or mortgagees of the said premises or of any parts thereof, or of any of them or either of them, or of any of their counsel learned in the law shall be reasonably advised, devised, and required. AND WHEREAS Recites that the said (purchaser) is about to sell and dispose about to sel of the said herein before mentioned plantations other parts to and estate situate in the parish of

purchaser is

pay the charge in thereon by

the said island, at or for the best price that can be obtained for the same, with intent to pay and apply the money to arise from such sale, in discharge or reduction of the said sum of

(or so much thereof as may be due) made payable

virtue of the

decree whereby the security of creditors under


this trust will be improved,

CONVEY in manner as directed by the said hereinbefore re


under an

special Trusts.

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cited decree of the Court of Chancery of the said By a Purchaser island of by reason whereof the seEretion upon curity of the judgment creditors of the said (grandson) in respect of the said hereby released premises will be improved, and the raising the sum of money hereinbefore directed to be raised by the said (trustees) may be facilitated. AND WHEREAS the said annual sum of

and that the charge of the wife is on both

estates, and


prehensive that


been agreed

that purchaser

should be al

the trust pre

mises so as to

indemnify the

purchasers against the payment of the charge to the wife.

sterling, ap- payable to the said (wife of the grandson) as It might impede bereinbefore is mentioned, is charged on the said the sale, it had plantations jointly; and the said (purchaser) being apprehensive that the same charge of lowed to charge per annum may either impede the sale of the said plantation or prevent the obtaining so much money for the same as he otherwise might, it was mutually agreed between the said parties to these presents, in consideration of the intended appropriation of the money to arise from the sale of the said estate, to allow him the said (purchaser) to charge the said hereby released premises with such sum and sums of money, and in such manner and form as shall be sufficient to indemnify the purchaser or purchasers of the said estate against the payment of the said annual sum of per annum. NOW THIS duce of the es- INDENTURE FURTHER WITNESSETH, that in pur sold to the pursuance of the said agreement, and in consideration poses aforesaid, that the said (purchaser) shall and will apply the money to arise from the sale of the said

Covenant to

apply the pro

tate about to be

deration there


And in consi- estate to the purpose aforesaid, IT IS COVENANT of the premises ED AND AGREED by and between the parties to with the charge these presents, that it shall and may be lawful to to the said wife. and for the said (purchaser) by any deed or

may be charged

deeds, writing or writings to be sealed and deli

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