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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 £
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 re-
posed 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 administra-
tors of such survivor, by any writing under his,
her, or their hands and seals, attested 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 secu-
rities for the same, or on which the same should

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
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 Chan-
cery to the account of a certain cause [title
thereof] for the purchase of the 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-

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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.

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