Page images
PDF
EPUB

entitled to the sum directed to be raised for portions as aforesaid.

form.

(522.) And whereas no part of the said Id. Another sum of £-, directed to be raised for the portions of the younger children of the said A. B., hath been raised or paid.

for loan to

(523.) And whereas the said A. B. hath Application not yet received her share of the sum of £-, pay portion. by the said recited indenture of &c., directed to be raised for the portions of the children of the said C. D., by the said E. his wife, (other than their eldest son,) which share amounts to the sum of £-: and the said A. B. having required payment thereof, he, the said E. F., hath applied to and requested the said G. H. to advance the sum of £to be applied in and towards payment of the said portion or share which he, the said G. H., hath agreed to do, upon having the repayment of the said sum of £-, with interest, secured to him in manner hereinafter mentioned.

POWERS. See Appointment, Trustees.

by lease and

(524.) Whereas by indentures of lease Conveyance and release, bearing date respectively the release and

fine to such

chaser shall

uses as pur- &c., the release being made, or expressed in 1 to be made, between A. B. and C. his wife or

appoint.

of the first part, the said E. F. of the second tim
part, and the said G. H. of the third part, of
and by a fine sur cognizance de droit come
ceo, &c., duly acknowledged and levied by
the said A. B. and C. his wife, in or as of- tat
term, in the year of the reign of &c., in he
pursuance of a covenant for that purpose
entered into by the said A. B., in and by
the said indenture of release, and by force
of a declaration of the uses of the said fine
in the same indenture contained, in con-
sideration of the sum of £ to the said
A. B. paid by the said E. F., the messuages,
lands, and other hereditaments hereinafter
particularly mentioned, and intended to be
hereby appointed and released, with their
appurtenances, were conveyed, limited, and
assured, to such uses, upon such trusts, for
such intents and purposes, and with, under,
and subject to such powers, provisoes,
agreements, and declarations, as the said
E. F. should by any deed or deeds, writing
or writings, with or without power of revo-
cation, to be by him sealed and delivered,

n the presence of and to be attested by two ›r more credible witnesses, from time to ime, direct, limit, or appoint; and for default of, and until such direction, limitation, or appointment, to the use of the said E. F. and his assigns during his life, with a limitation to the use of the said G. H. and his heirs, during the life of the said E. F., in trust for him the said E. F. and his assigns during his life, with remainder to the use of the said E. F., his heirs and assigns for

ever.

sale and ex

of revocation

and new ap

pointment.

(525.) And it was by the said indenture Power of now in recital declared and agreed that the change, and said A. B. and C. D., and the survivor of them, and the heirs, executors, and administrators of such survivor, at any time during the lives of the said E. F. and G. H., and the life of the survivor of them, and they and he were thereby authorized and required, notwithstanding the uses, estates, limitations, and trusts, thereinafter limited or declared and contained, at the request and by the direction of the said E. F. and G. H., or of the survivor of them, testified by some writing or writings under their hands and seals, or under the hand and seal of the sur

A

vivor of them, and to be attested by two of b more credible witnesses, to make sale and dispose of, or to convey in exchange, all or any part of the said hereditaments and t premises thereby granted and released, to any person or person, for such price and t prices in money as to them the said A. B. and C. D., or the survivor of them, his heirs, s executors, or administrators should seem reasonable; and for the purpose of making such sale and disposition, it was thereby declared that it should be lawful for the said A. B. and C. D., and the survivor of them, his heirs, executors, or administrators, by any deed or deeds, writing or writings, to be by them, or the survivor of them, signed, sealed, and delivered, in the presence of and to be attested by two or more credible witnesses, with the consent and approbation of the said E. F. and G. H., or the survivor of them, to be testified as aforesaid, to revoke, determine, and make void, all and every the uses, trusts, estates, limitations, powers, provisoes, and agreements thereby limited, declared, created, and conveyed of and concerning the said hereditaments and premises so to be sold and disposed of, and

by the same, or any other deed or deeds, writing or writings, to be sealed and delivered, and with such consent and approbation as aforesaid, to limit and appoint the same hereditaments and premises whereof the uses should be so revoked, unto such purchaser or purchasers to whom the same should be sold, or to his, her, or their heirs, executors, or administrators, or otherwise, to limit, create, declare, and appoint such new or other use or uses, trust or trusts, estate or estates, of and concerning the same hereditaments and premises, as should be requisite and necessary for the executing and effecting such sale or disposition, and upon payment of the money arising by sale of the said hereditaments and premises, or any part or parts thereof, to give and sign receipts for the money for which the same hereditaments should be so sold, which receipts should be sufficient discharges to any purchaser or purchasers for the purchasemoney for which the same hereditaments should be sold, or for so much thereof as in such receipt or receipts should be acknowledged or expressed to be received; and such purchaser or purchasers should not

1

« PreviousContinue »