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MENT.

APPOINT. 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 Trustecs 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 tripartite, bearing date the

made

vening circumstances and occurrences.

day of

1

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, spioster, an infant under the age of Nero 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

Bank annuities, and the Bank annuities to be purchased with the said sums of and £

as aforesaid ; and the mopies arising thereby to lay out in the purchase

the said

APPOINT-
MENT.

of
any

freehold or copyhold messuages, lands,

or tenenients of inheritance in England. AND New Trustees. they the said E. P. and J. S. and the survivor of

them, and the heirs, executors, and administrators of such survivors were to stand possessed of or interested in such messuages, lands, or tenements, upon the trusts therein before expressed, concerning as well the said £

Bank annuities, 3 per cent, reduced, as the said £ and £ and the 3 per cent. Bank annuities reduced, to be purchased therewith. And it was by the said indenture (among other things) provided, that if both or either of them the said E. P. and J. S. should at any time thereafter, during the life of the said J. C. and M. P. his intended wife, or of the survivor of them, happen to die, or desire to be discharged from the trusts thereby in them reposed or intended to be reposed, then and in such case, and when and so soon as the same should happen, it should and might be lawful to and for the said J. C. and M. P. his intended wife, or the survivor of them, or the executors or administrators of such survivor, by any writing under bis, her, or their hands and seals, at tested by two or more credible witnesses, to nominate and appoint any other fit and proper person or persons to be a trustee or trustees for the purposes aforesaid, in the places or steads, or place or stead of them the said E. P. and J. S. or such of them as should so die or desire to be discharged from the said trusts, and so from time to time, when, and so often as the like case should happen. And it was thereby further agreed and declared, that all and every the said Bank annuities, trust monies, and securities for the same, or on which the same should

APPOINT
MENT.

be then lent or placed out, should with all convenient speed be assigned and transferred, so and in such manner as that all and singular the same

New Truslees. Bank annuities, sum and sums of money, securities, and premises, might be effectually vested in the joint names of the surviving trustee (if any such there should be ) and of such person as should be nominated and appointed to be a trustee as aforesaid ; or in case there should be no such surviving trustee then in the joint names of such persons as should be nominated as aforesaid; but nevertheless, upon the trusts and subject to the powers, provisions, declarations, and agreements thereinbefore contained, concerning all and every the same Bank annuities, sum and sums of money, and premises, or such of them as should be then existing undetermined and capable of taking effect or being performed, which person or persons so to be nominated and appointed to be a trustee or trustees as aforesaid, should and might act in the management and execution of the aforesaid trusts, or such of them as should be then subsisting, as fully and effectually, in all respects, and to all intents and purposes, and with the like indemnifications, as he or they might have done in case he or they had been originally appointed a trustee or trustees for the purposes aforesaid. And whereas the said marriage was solemnized soon after the date and execution of the said indenture. And WHEREAS cash, part of the said

and was laid out in the purchase of

reduced Bank annuities, in the names of the said E. P. and J. S. which, together with the said

like annuities amounted to

reduced 3 per cent, Bank appuities, which last mentioned sum

MENT.

part of

APPOINT. the said E. P. and J. S. at the request of the said

J. C. and M. his wife sold, and the same proNew Trustees. duced the clear sum of

cash, which last mentioned sum, together with cash, being the residue of the said and uninvested, amounted together to

cash. And the said E. P. and J. S. at the request of the said J. C. and M. his wife, laid out the said

in the purchase of certain freehold and copyhold lands or hereditaments in in the county of

which respectively were conveyed and surrendered to the use of the said J. C. for his life, remainder to the use of the said M. his wife for her life, remainder to the use of the said E. P. and J. S. and their heirs, upon the trusts in the said indenture tripartite expressed concerning the said and reduced Bank annuities, trust monies ; and

other part of the said paid by the said E. P. and J. S, to the said J. C. who paid the same into the Bank with the privity of the Accountant General of the Court of Chancery

to the account of a certain cause [title thereof] for the purchase of the mano

manor of

certain freehold messuages, lands, or hereditaments thereto belonging or therewith enjoyed in the county of sold under a decree in the said cause, which were conveyed and assured to and to the use of the said E. P. and J. S. their heirs and assigns. AND WHEREAS the said J. C. afterwards departed this life in the life-time of the said M. his wife intestate, leaving issue by her the said A., now the wife of the said W. D., R. P. his eldest son and heir at law, the said J. C., E. C., and M. C. the infants, and E. C. who died an infant and un

was

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