MENT. APPOINT of any freehold or copyhold messuages, lands, or tenements 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, and ₤ 3 per cent. reduced, as the said £ 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 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 therein before 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 was laid out in the purchase of and reduced Bank annuities, in the names of the said E. P. and J. S. which, together with the said annuities amounted to like reduced 3 per cent. Bank annuities, which last mentioned sum APPOINT MENT. New Trustees. APPOINT- the said E. P. and J. S. at the request of the said J. C. and M. his wife sold, and the same pro MENT. New Trustees. duced the clear sum of mentioned sum, together with the residue of the said amounted together to cash, which last cash, being uninvested, ánd cash. AND the said E. P. and J. S. at the request of the said J. C. and M. his wife, laid out part of the said in the purchase of certain freehold and copyhold lands or hereditaments in in the county of which re spectively 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; other part of the said was and sold under a decree in the said cause, which MENT. and his wife to act as trus married. AND WHEREAS upon the decease of the APPOINTsaid M. C. intestate, (which happened in the year ) letters of administration of all and New Trustees. singular her goods, chattels, and credits were granted to the said A. D. then A. C. from the Prerogative Court of Canterbury. AND WHEREAS the said E. P. died in the life-time of the said J. S. who afterwards died intestate, leaving the said M. D. then M. B. his great niece and heiress at law, and heiress according to the custom of the said manor of AND WHEREAS the said And that A. D. A. D. and M. his wife, not having acted, and were desirous of being desirous of not acting in the execution of G. W. and B. F. the said trusts, the said A. D. hath proposed in tees in their pursuance or by virtue of her power as adminis- stead. tatrix, as aforesaid, to appoint the said G. W. and B. F. to be trustees for the subsisting purposes of the said settlement in the place of the said E. P. and J. S. both deceased, (which proposal bath met with the approbation of the said W. D., and also of the said R. C.) and the said G. W. and B. F. are consenting to take upon themselves the execution of such part of the said trusts as remain to be performed. Now THESE Appointment. PRESENTS WITNESS, that in pursuance and by force and virtue of the said recited power or powers, and of all, and every other power and powers, authority and authorities whatsoever in the said A. D. vested as administratrix as aforesaid, or in any wise enabling her in this hehalf, and in exercise and execution thereof respectively, she the said A. D. DOTH, (with the consent and approbation of the said W. D. and R. C. testified by their signing, sealing, and delivering these presents,) by this present deed or writing, under MENT. APPOINT- her hand and seal, by her executed in the presence of the two or more credible persons whose names New Trustees. are intended to be hereon indorsed as witnesses attesting her execution of these presents, nominate and appoint the said G. W. and B. F. to be trustees for such of the purposes of the said indenture of settlement, as remain to be answered or performed in the places and steads of the said E. P. and J. S. both deceased. AND in pursuance of the said nomination and appointment, it is hereby agreed and declared by and amongst the said parties to these presents, that all such acts, deeds, fines, surrenders, assurances, matters, and things shall and may forthwith be done, executed, and performed, at the expence of the said trust estate as shall be necessary or adviseable for conveying, surrendering, and assuring the said manor, and several freehold and copyhold messuages, lands, hereditaments, and premises so vested in the said A. D. and M. his wife, in right of the said M. as heiress of the said J. S. as aforesaid, unto and to the use of the said G. W. and B. F. their heirs and assigns, upon such and so many of the trusts, for such and so many of the purposes, and subject to such and so many of the powers, provisoes, declarations, and agreements in and by the said indenture of settlement of the day of expressed and declared concerning the messuages, lands, or tenements which should or might be purchased with the trust monies and bank annuities therein mentioned, as are now subsisting undetermined, or capable of taking effect, or being performed. IN WITNESS, &c. |