To To hold for

and during the

eftate and intereft of the

faid W. H. truftee fo affigning.

and hereditaments, and every or any of them, and TRUSTEES. every or any part or parcel thereof, all which faid premises are now in the actual poffeffion of the faid duke of, and P. I. I. by virtue of a bargain and fale to them thereof made, &c. HAVE AND TO HOLD all the faid manors, or lordships, borough, meffuages or tenements, cottages, farms, lands, tolls, rents, advowfons, and hereditaments, and parts or fhares of meffuages and hereditaments, with their refpective appurtenances, unto the faid C. W. H. duke of, and P. I. I. and their heirs, for and during all fuch estate and intereft, as he the faid W. H. hath, or is entitled to therein, by virtue of, or under the faid indenture of fix parts; but nevertheless, to, for, and upon fuch and the fame uses, trufts, intents, and purposes, and fubject to, with, and under the. fame powers of fale and exchange, and other powers and provifos, as are in and by the fame indenture limited, declared, and expreffed, of and concerning the said hereitaments and premises, thereby limited, unto or to the ufe of the faid T.I. and W. H. and their heirs, either for the purpose to preserve the contingent uses and estates, as hereinbefore is mentioned, or for any other intent or purpose whatsoever, and to the end and intent that the faid C. W. H. duke of and P. I. I. and the furvivor of them, and the heirs of such survivor, may be enabled to perform and execute all fuch trufts, and exercise all such powers of fale and exchange, and other powers, provifos, declarations, and agreements, as were in and by the faid indenture of fix parts,

Upon the trufts

of the fet le

ment.

the refigning

truftee hath

done no act te incumber.

TRUSTEES. vefted in the faid T. I. and W. H. and are now folely vested in him, or capable of being exercised by the said W. H. by survivorship, by and with fuch confent and approbation as aforefaid, fo far as the nature and circumftances of the cafe will Covenant that permit. And the faid W. H. doth hereby for himself, his heirs, executors, and administrators, covenant, promife, and agree, to and with the faid C. W. H. duke of and P. I. I. and their heirs, that he the said W. H. hath not at any time heretofore, either alone or jointly with the said T. I. deceased, or any other person or persons, made, done, committed, or executed, any act, deed, matter, or thing whatsoever, whereby, or by reafon or means whereof the faid manors or lordships, borough, meffuages, or tenements, cottages, farms, lands, tolls, rents, advowfon, and hereditaments, and parts or fhares of meffuages and hereditaments, hereby granted and released, or mentioned, or intended fo to be, or any of the contingent ufes and eftates, in and by the faid indenture of fix parts, limited and created, of the fame manors or lordships, borough, meffuages or tenements, cottages, farms, lands, tolls, rents, advowfor, and hereditaments, and parts or fhares of meffuages and hereditaments, or any of them, are or is de-, feated or destroyed. In witnefs, &c.

1

Appointment by Widow and Children, of a new Trustee, (under the Will of their Father deceased,) in the Room of a prefent Trustee, partially refigning bis Trufts.

of

To all whom thefe prefents fhall come, T. E. in the county of widow and relict, and also an executrix and a legatee named in the laft will and teftament, and codicils of the rev. T. I. late rector of the parish of

deceased, T. I. of

in the faid

TRUSTEES.

Parties.

county of

in the

County of

county of

county of

of

efq. and I. his wife, the rev. R. T,

in the county of, clerk, and D. his wife, fir B. I. of

in the faid county of

bart. and dame F. his wife, T. I. of, in the

faid county of

clerk, and W. T. of

aforefaid, efq. which faid

T. I. is the eldeft fon

and heir of the faid T. I. deceased, and the faid
T. D. the wife of the faid D. B. the wife of the
faid R. T. dame F. the wife of the faid fir B. I.
T. I. party hereto, and W. T. are the only daugh-
ters and younger fons of the faid T. I. deceased,
living at the time of his death, alfo T. 1. of the
parish of - aforefaid, gent, and B. P. of the
parish of
in the faid county of - efq.

Recital of will

devisees in truft, and executors named in the last will and teftament and codicils of the faid T. I. of S. T. de. fend greeting. WHEREAS the faid T. I. deceafed, duly made and published his last will and tefta

ceased.

(a) See antes

P. 10.

TRUSTEES. ment in writing, bearing &c. and the said testator did by his faid will declare, that in case they the faid T. I. and B. P. or either of them fhould, die, or defire to be discharged from the trufts thereby in them repofed, at any time before the faid trufts fhould be fully executed and performed, then and in either of the faid cafes, when and fo often as the fame fhould happen, it should and might be lawful to and for his faid wife and children, or the furvivor er survivors of them, notwithstanding the minority (a) of either of them, by writing under their respective hands, attefted by two or more credible witneffes, to nominate, fubftitute, or appoint any other person or persons, to be a trustee or trustees, for the purposes aforefaid, in the place or ftead of fuch former trustee or truftees, and fo from time to time, when and fo often as there fhould be occafion to nominate any other person or perfons to be a new trustee or trustees, and that when and fo often as any new trustee or trustees fhould be nominated or appointed as aforefaid, all and fingular the freehold, copyhold, and personal estates thereby devised and bequeathed to his faid trustees as aforefaid, or fo much thereof as should be then vefted in them, or to which they should be entitled, and the stocks, funds, and fecurities, wherein any part of his faid perfonal estate not then applied fhould be then invested, fhould thereupon with all convenient speed, be conveyed, affigned, and transferred, fo and in fuch manner as that the fame fhould be effectually vested in the furviving or continuing trustee, and fuch new trustee or trustees, upon

every TRUSTÉES.

the trufts thereinbefore expreffed, and that every fuch new trustee or trustees, fhould and might in all things act in the management, carrying on, and execution of the trusts aforefaid, in conjunc→ tion with the other and others of them, who should survive or continue in all respects, and to all intents and purposes whatsoever, as if he or they had been originally thereby appointed a trustee or trustees for the purposes aforefaid, and the faid teftator thereby appointed his faid wife, and the faid T. I. and B. P. executors of his faid will.

teftator's death.

defirous of be

AND WHEREAS the faid teftator died fome- Recital of the time in the month of laft, without having in anywife altered or revoked his faid recited will, and codicils, (except as aforefaid,) and the fame will and codicils have been duly proved by the faid I. C. T.I. and B. P. the executors therein named in the prerogative court of, and And that one of whereas the faid B. P. is defirous of being dif- the trustees is charged from the trufts repofed in him, in and by the faid recited will and codicils (except as hereinafter is excepted, refpecting the copyhold eftates, directed to be fold by the faid codicils of the day of laft). AND whereas the faid widow and children of the faid T. I. deceafed, are defirous of appointing E. E. of county of

in the

, gent. to be a trustee, for the purposes in the faid recited will and codicils mentioned in the place and ftead of the faid B. P. (except as aforefaid). Now THESE PRESENTS WITNESS that the said I. C. T. I. D. W. J. the wife of the faid B. I. D. the wife of the faid R. I. dame T. the wife of the faid fir B. I. T.I. par

ing difcharged in part from the truft.

And that the

widow and

devifees are

defirous of appointing E. E in his room.