DISCHARGE. day of -, which was in the year of our Lordthereof being fextipartite, and made or mentioned to be made between fir 7. U. bart. deceased, (the fon and heir of fir W. U. bart. deceased) of the 1ft part, W. U. efq. (eldeft fon and heir apparent of the faid fir F. U.) of the 2d part, B. A. F. fpinfter, and B. M. fpinster, (therein severally defcribed) of the 3d part, the right hon. E. H. G. of ——

Of death of trustees.

Of order in shancery.

bart. J. U. gent. B. A. and W. I. gent. of the 4th
part, T. U. gent. of the 5th part, and T. T. gent.
of the 6th part, and a common recovery duly
fuffered pursuant thereto, in or as of Trinity term
in the year of the reign of his late majefty
King George the 3d, one full equal undivided
moiety or half part, the whole into two equal
parts to be divided of and in, &c. was together
with divers manors, &c. therein mentioned and
described, conveyed, fettled, and affured to the
ufe of the faid, &c. their executors, adminiftrators,
and affigns, for the term of years, to be com-
puted from the-day of March, then last past. UPON
truft by the ways and means therein mentioned to
raife and borrow the feveral principal fums of £-
and making together the sum of £, for
£-
the payment and fatisfaction of the then debts of
the faid W. U. (party thereto) the father of the
faid fir W. U. (party hereto) in fuch manner as is
therein mentioned and directed, as in and by the
faid last recited indenture of releafe, relation being
thereunto had may more fully and at large appear,
AND whereas the faid B. A. furvived his co-trustees
the faid 7. U. and I. W. and is fince dead; AND
whereas by an order of the High Court of Chan-

:

cery, made in or about the year of our Lord,
in a certain caufe then depending in the faid
Court, to acknowledge the trufts of the faid last
mentioned term of 1000 years, wherein the faid
B. A. the furviving truftee of the faid term was
plaintiff, and fir W. U. (party hereto) was the de-
fendant IT was ordered (among other things)
that the Accomptant-General of the faid Court
fhould transfer a component part of a certain
ftock in the Old South-Sea annuities, ftanding in
the name of the faid Accomptant-General. IN
truft in another cause in the faid Court, when the
faid fir W. U. (party hereto) was plaintiff, and fir
E. D. bart. and J. U. efq. (administrators with
the will annexed of the faid fir 7. U. deceased
during the minority of the faid fir W. U. (party
hereto) were the defendants, and which stock was
purchased with the refidue of the personal estate
of the faid fir 7. U. deceased) to the credit of the
firft mentioned cause in discharge of the fum of
reported to be then due to the
plaintiff, B. A. for principal and interest upon the
faid term of 1000 years. AND whereas fuch stock
was afterwards accordingly tranferred, whereby the
truft of the faid term became fatisfied: but the faid
term of 1000 years has never been furrendered or
affigned, and is yet out ftanding in the perfonal
representative of the faid B. A: AND whereas by
reason that it is not certainly known who are the
perfons in whom the faid laft mentioned term of
1000 years is vefted, the fame cannot now be af-
figned, in trust for the faid W. L. T. E. S. K T.
H. H. O. T. K. and D. W. and their heirs. And

DISCHARGE.

Recital that per found in whom the faid term of

fons cannot be

1000 years is vented.

And therefore it

hath been a

greed to make

after mentioned.

DISCHARGE. therefore it hath been agreed to make fuch declaration and appointment touching the faid term as hereinafter is mentioned. Now this indenture fuch declaration further witneffeth, that for the coufiderations and appointment as herein- aforefaid, and for the further and better affuring of the faid, &c. hereinbefore described, and fold and conveyed, or intended to be conveyed unto and to the ufe of the faid W. L. T. K. E. S. G. U. H.0. K. T. and D. W. their heirs and affigns, in trust for the faid intended hospital as aforesaid, the said Declaration that fir W. U. and W. U. (parties hereto) and L. his wife and also the said X. U. B. M. and P. T. do, and each and every of them doth hereby declare, direct, and appoint, that the perfon or perfons, to or in whom the faid laft mentioned term of

the perfons in whom the term

is now vefted

fhall ftand pof.

feffed of the fame, in truft for the trustees of the hospital.

years is now legally come or vested, his, her, or their executors, adminiftrators, and affigns, fhall from henceforth, and will as to the faid undivided moiety of, &c. hereby conveyed, or intended fo to be, ftand poffeffed of the faid term of

years, in truft for the faid W. L. T. fir W. U. J. U. J. N. and D. W. their heirs and affigns to the intent, that the said term of 1000 years shall and may attend, wait upon, and go along with the freehold and inheritance of the faid undivided moiety, or half part of, and in the faid, &c. herein before described, and guard and protect the same from all mefne charges and incumbrances whatsoever, if any Covenant from fuch there be. [Covenant for the production of title truftees that they deeds.] AND laftly the said W. L. T. fir W. U. J. U. R. H. J. N. and D. W. do hereby for the fubfcribers themselves, and their heirs feverally acknowledge the faid county and declare, that they and the furvivors and furvi

will ftand poffeffed of pre

mifes in truft for

for establishing

hospital.

vor of them and his heirs, fhall and will at all
times for ever hereafter ftand and be feifed of the
faid piece or parcel of pasture land, hereby con-
veyed or intended so to be, with the appurtenances.
In truft for the fubfcribers for the time being for
establishing and supporting the said county hospi-
tal, and to let, fet, enjoy, and dispose of the fame,
from time to time for ever hereafter, to fuch per-
fon or perfons, and for fuch uses, intents, and
purposes, and in fuch manner and form as the faid
subscribers for the time being, or any committee
or governors to be elected, nominated, or appoint-
ed by them, or the major part of such subscribers,
committee, or governors, affembled at a public or
general meeting to be holden for that purpose after
10 days notice at least, given in one or more of the
public newspapers published or circulated in the
county of and city of
time to time order, direct, or appoint, and tc, for,
and upon, or other use, truft, intent, or purpose
whatsoever.

fhall from

END. SUIT.

Operative part of an Indenture of Appointment of Trust monies to carry into Execution an Agreement, in order to put an end to proceedings in Chancery. (a)

Now this indenture witneffeth, that for and in confideration of the premises, and in particular of the faid fum off, fo due from the faid B. A. to the faid D. C. for principal and interest,

(a) See ante Vol. 1. p. 40, 41.

END SUIT. under or by virtue of his faid above in

truft, monies, in

pursuance of

part rea

cited fecurity, and alfo, in confideration of the faid recited propofal and agreement, and for carAppointment of rying the purposes thereof into execution, and likewise in confideration of 5s. She the faid power. B. A. by virtue and in pursuance, and execution of the power and authority given or referved to her by faid recited indenture of fettlement of the faid day of ——, and by virtue and in purfuance and exercife of all and every other power and authorities to her referved or given, or in her vefted, or her thereunto any wife enabling, hath directed, limited, and appointed, and by this, &c. doth direct, limit, and appoint unto the said D. C. his executor, adminiftrator and affigns, immediately upon and from and after the death of her the faid B. A. all that the faid fum of, 3-per cent conf. bank annuities, fo ftanding in the name of the Said accountant general as aforefaid, and purchased with part of faid principal fum of --, mentioned in and fettled by the faid indenture of fettlement of faid day of March and alfo, faid fums of other parts of the said principal sum of, which by the faid recited decree or decretal order of the of, were ordered and directed to be paid into the bank, with the privity of the accountant general, to the credit of the faid cause, by the faid E. D. and H. T. and alfo all and every other fum and fums of money, which should, or might be recovered from said, or his estatė, and effects, for or in refpect of the remainder of faid principal fum of, so originally fettled by faid indenture of, of, as aforefaid, or

and