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ATTORNEY.

to keep down

Interest.

or cause to be appraised and sold, such distress POWERS OF or distresses, or otherwise to act therein according to law, to the intent that the said rents, issues, To receive Rents and profits, and the arrears thereof, and all costs, charges, and expences, to be occasioned by the taking, keeping, selling, and disposing of such distress or distresses, may be fully paid and satisfied, and likewise to bring, commence, carry on, prosecute, and take all such other remedies by action, suit, or otherwise, that shall or may be necessary or proper for the recovery and compelling the payment of such rents, issues, and profits, and to pay, apply, and dispose of the rents, issues, and profits, to be so received by the said R. W. in manner following (that is to say) UPON TRUST that he the said (receiver) shall, and do from time to time, in the first place, pay and apply the rents and profits of the said manors, messuages, lands, closes, tenements, hereditaments, and premises, to be by him received as aforesaid, for and towards payment and satisfaction unto the said (mortgagee), his executors, administrators, and assigns, of and for all interest, from time to time to grow due and payable for or in respect of the said principal sum of after the rate, and in such manner. as in the said before in part recited indenture of mortgage is mentioned, for payment thereof, according to the purport of the proviso or condition therein for that purpose contained, and the true intent and meaning thereof; and shall and do, in the next place (after retaining the sum of

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for his trouble in collecting and receiving the rents, issues, and profits of the said premises), do and shall render and pay over unto the said (mortgagors), their heirs, executors, administrators, and

ATTORNEY.

to keep down

Interest.

POWERS OF assigns, the overplus (if any) of the rents and profits of the said manors, messuages, lands, closes, To re eive Rents tenements, hereditaments, and premises. AND the said (receiver), for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree, to and with the said (mortgagee), his executors, administrators, and assigns, that he the said (receiver) shall and will, from time to time, so long as he shall be continued collector and receiver of the rents and profits of the said manors, messuages, lands, closes, tenements, bereditaments, and premises, or any part thereof, in manner aforesaid, use his utmost endeavours faithfully to collect and receive the same, and pay, apply, and dispose of the same, when received, in such manner as is hereinbefore in that behalf mentioned and directed, and according to the true intent and meaning of these presents and the trusts hereby in him reposed. AND the said (mortgagors) for themselves, their heirs, executors, and administrators, do covenant, promise, grant, and agree to and with the said (mortgagee), his executors, administrators, and assigns, in manner following (that is to say), that they the said (mortgagors), their heirs, executors, administrators, and assigns, shall not, nor will at any time hereafter, without the privity and consent of the said (mortgagee), his executors, administrators, or assigns, first had and obtained in writing under his or their hand and seal, or respective hands and seals, revoke, alter, or frustrate the powers or authorities hereby given unto the said (receiver), or hinder or obstruct him the said (receiver), or any future receiver (to be appointed as hereinafter mentioned), in collecting and receiving the rents

ATTORNEY.

To receive Rents

Interest.

and profits of the said manors, messuages, lands, POWERS OF closes, tenements, hereditaments, and premises, or any part thereof, upon the trusts and for the pur- keep down poses aforesaid. AND FURTHER, that in case the said (receiver) shall die, or cease to be the receiver of the rents, issues, and profits, or shall be removed or discharged from the said employment, or shall desire to be discharged from the same, during such time as the said sum of

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or

any part thereof shall be owing and unpaid, or shall otherwise misbehave himself in relation to the trusts hereby in him reposed; then, and in any of the said cases, they the said (mortgagors), their heirs, executors, administrators, and assigns, shall and will join with the said (mortgagee), his executors, administrators, or assigns, in removing the said (receiver) from his said employment, and in constituting and appointing some other fit and proper person or persons, with their mutual consent and approbation, to receive, collect, and manage the rents and profits of the said manors, messuages, lands, closes, tenements, hereditaments, and premises, upon the trusts aforesaid, and so from time to time, and as often as any of the like cases shall happen, until the said principal sum of

and the interest thereof, and every part thereof, shall be fully paid and satisfied. AND IT IS HEREBY DECLARED AND AGREED, by and between the said (mortgagors and mortgagee), that the said (mortgagee), his executors, administrators, or assigns, shall not bear or sustain, or be charged or chargeable with or accountable for any loss which shall happen of the rents and profits of the said manors, messuages, lands, closes, tenements, hereditaments, and premises, or any

APPOINT-
MENT.

part thereof, by reason or means of any neglect, default, or breach of trust in the said (receiver), or any future collector or receiver of the same, or any other matter, cause, or thing whatsoever, but that such loss shall be wholly borne and sustained by the said (mortgagors) their heirs, executors, or administrators. IN WITNESS, &c.

No. XVI.

New Trustees. Appointment of new Trustees by virtue of a

Power vested in an Administratrix.

TO ALL WHOM these presents shall come unto and concern, W. D. of and A. his wife administratrix of all and singular the goods, chattels, and credits of M. C. widow and relict of J. C. late of, &c. Esq. both deceased, (the late father and mother of the said A. D.) R. C. of, &c. linen draper, (eldest son and heir at law of the said J.C. and M. his wife) A.D. of, &c. Doctor in physic, and M. his wife, late M. B. widow, heretofore M.S. spinster, (great niece and heiress at law of J. S. late of, &c. gent. deceased, who survived E. P. late of, &c. widow, deceased, his co-trustee in the indenture of settlement hereinafter recited) G. W. of, &c. gentleman, (guardian duly appointed by the high Court of Chancery, of the persons and estates of J. C., E. C., and M. C., infants under the age of twenty-one years, the only other surviving children of the said J.C. and Recites a mar. M. his wife) and B. F. of, &c. gentleman, do ment and inter- severally send greeting. WHEREAS, by indenture vening circum- tripartite, bearing date the

riage settle

stances and

Occurrences.

day of

made

MENT.

between the said J. C. of the first part, the said APPOINTM. C. by the name and addition of M. P. of, &c. aforesaid, spinster, an infant under the age of New Trustees. twenty-one years, daughter of P. P. late of, &c. clerk, deceased, of the second part, and the said E. P. (widow of the said P. P. and mother of the said M. P.) and the said J. S. of the third part, (being the settlement made previous to the marriage of the said J. C. with the said M. P.) it was agreed and declared that two sums of £ and ₤ (to which the said M. P. would be entitled as therein mentioned) should, when received, be laid out by the said E. P. and J. S. in the purchase of 3 per cent. consols, bank annuities reduced, and that a certain sum of £ in bank annuities, 3 per cent. reduced, therein mentioned to have been purchased by the said E.P. and then already transferred into the names of the said E. P. and J. S. should stand in their names, and that they should be possessed thereof, upon trust, to pay the dividend, interest, or annual proceed of the same respectively to the said J.C. during his life, and after his decease to the said M. P. his then intended wife, during her life, and after the decease of the survivor of them, upon trust to dispose of the same, and the dividends, interest, or annual proceeds thereof respectively, for the benefit of the child or children of the said intended marriage, in manner therein mentioned. AND by the said indenture the said E. P. and J. S. were empowered in manner therein mentioned, to sell the said Bank annuities, and the Bank annuities to be purchased with the said sums of L as aforesaid; and the monies arising thereby to lay out in the purchase

and

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