WITH USUAL hereby declared, that the said several trustees hereby REAL ESTATE nominated and appointed, or to be appointed, by virtue of CLAUSES. the proviso last hereinbefore contained, and each and every indemnity of of them, and the heirs, executors, administrators, and assigns the trustees. of them, each and every of them, shall be charged and chargeable respectively only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them reposed, notwithstanding his or their or any of their giving or signing, or joining in giving or signing, any receipt or receipts for the sake of conformity, and any one or more of them shall not be answerable or accountable for the other or others of them, or for the acts, receipts, neglects, or defaults of the other or others of them, but each and every of them only for his and their own acts, receipts, neglects, or defaults respectively, and that any one or more of them shall not be answerable or accountable for any banker, broker, or other persons with whom or in whose hands any part of the said trust monies shall or may be deposited or lodged for safe custody or otherwise, in the execution of the trusts hereinbefore mentioned, and that they or any of them shall not be answerable or accountable for the insufficiency or deficiency of any security or securities, stocks, or funds in or upon which the said trust monies, or any part thereof, shall be placed out or invested, nor for any other misfortune, loss, or damage which may happen in the execution of the aforesaid trusts, or in relation thereto, except the same shall happen by or through their own wilful default respectively: AND ALSO, that it shall Power to the It may be proper to take this opportunity of observing, that, as the trustees of the pin-money and jointure terms are hardly ever called on to act, it is of little moment who are named for these trusts, or whether they execute the settlement. But, as the donees of the powers (who are always the trustees to preserve contingent remainders) are most important persons, and are usually called into action, great care should be taken in the selection of them, and they should, if possible, execute the settlement, or otherwise signify their acceptance of the trusts. The trustees of the portions term are not unfrequently called on to act; and therefore it is desirable that they also should be carefully selected, and should formally accept the trusts. As to the appointment of proper persons to be trustees for the different purposes of a settlement of real estate. REAL ESTATE be lawful for them the said trustees in these presents named, and such future trustee or trustees to be appointed as aforesaid, and every or any of them, their and every of their tain and reim- heirs, executors, administrators, and assigns, by and out of trustees to re burse them selves their expenses. Covenants by the husband and his father as to the premises, subject to the powers of appointment; -and by the father alone as to the lands of which he is seised in fee; -that the pow ers were well created, and are in force. the monies which shall come to their respective hands by virtue of the trusts aforesaid, to retain to and reimburse himself and themselves respectively, and also to allow to his and their co-trustee and co-trustees all costs, charges, damages, and expenses which they or any of them shall or may suffer, sustain, expend, disburse, be at, or be put unto in or about the execution of the aforesaid trusts, or in relation thereunto (y): AND THE SAID C. B. and A. B., so far as relates to the said hereditaments and premises hereinbefore directed, limited, and appointed, or expressed and intended so to be, and the power and right to direct, limit, and appoint the same, and the quiet enjoyment, freedom from incumbrance, and further assurance thereof, do, for themselves, their heirs, executors, and administrators, and cach of them doth, for himself, his heirs, executors, and administrators; AND THE SAID C. B., so far as relates to the hereditaments hereinbefore granted and released, or expressed and intended so to be, and the said copyhold hereditaments hereinbefore covenanted to be surrendered, and the title to and right to convey and surrender the same respectively, and the quiet enjoyment, freedom from incumbrances, and further assurance thereof respectively, doth for himself, his heirs, executors, and administrators, covenant with the said I. K. and L. M., their heirs and assigns, in manner following, (that is to say), THAT, for and notwithstanding any act, deed, matter, or thing by them the said C. B. and A. B., or either of them, or any of their or of either of their ancestors, made, done, committed, or executed, or knowingly or willingly suffered to the contrary, (except as hereinafter is mentioned), the powers or authorities hereinbefore exercised by them the said C. B. and A. B., or expressed and intended so to be, were well and effectually (y) As to the indemnity of trustees, and the payment of their expenses, see supra, p. 327, n. (v), p. 328, n. (x). WITH USUAL CLAUSES. and for right to appoint the premises ap that the husseised in feesimple of the freeholds granted and released; band's father is created, and the same respectively at the time of the seal- REAL ESTATE ing and delivery of these presents are in full force and in no wise suspended, extinguished, weakened, or become void; AND THAT for and notwithstanding any such act, deed, matter, or thing whatsoever as aforesaid, (except as aforesaid), they the said C. B. and A. B. now have in themselves pointed; good right, full power, and lawful and absolute authority to direct, limit, and appoint the said hereditaments and premises hereinbefore directed, limited, and appointed, or expressed and intended so to be, to the uses and in manner aforesaid, according to the true intent and meaning of these presents; AND THAT for and notwithstanding any act, deed, matter, or thing whatsoever, by him the said C. B., or any of his ancestors made, done, committed, or executed, or knowingly or willingly suffered to the contrary, he the said C. B., at the time of the sealing and delivery of these presents is lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to, the said hereditaments and premises herein before granted and released, or expressed and intended so to be, and every part thereof, for a good, sure, absolute, and indefeasible estate of inheritance in fee-simple in possession; AND of, in, or to the said hereditaments and premises hereinbefore covenanted to be surrendered, and every part thereof, for a good, sure, absolute, and indefeasible estate of inheritance to him and his heirs, according to the custom of the said manor of ——, and by and under the rents, fines, heriots, suits, and services, therefore due and of right accustomed, without any manner of condition, use, trust, property, power of revocation, equity of redemption, remainder, or limitation of any use or uses, or other restraint, cause, matter, or thing whatsoever, to alter, change, defeat, incumber, revoke, or make void the same estates, or either of them; AND THAT for and notwithstand ing any act, deed, matter, or thing, as aforesaid, (except as aforesaid), he the said C. B. now hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, release, and confirm the said hereditaments and premises herein before granted and released, or expressed and intended so to be, unto the said I. K. and L. M., and their heirs, to the uses and in manner aforesaid, according to the and in custhe copyholds covenanted to be surrendered; for right to grant and refreeholds; lease the same REAL ESTATE WITH USUAL CLAUSES. -and sur render the copyholds; --for quiet enjoyment; true intent and meaning of these presents; AND to surrender the said copyhold or customary hereditaments and premises to the use of the said I. K. and L. M., their heirs and assigns, upon the trusts and in manner aforesaid, according to the true intent and meaning of these presents; AND THAT the said hereditaments and premises hereinbefore directed, limited, and appointed, and granted, and released respectively, or expressed and intended so to be, and also the said hereditaments and premises herein before covenanted to be surrendered, shall and may from time to time, and at all times hereafter, go and remain to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations, hereinbefore limited, expressed, and declared of and concerning the same respectively, and be peaceably and quietly entered into and upon, and be held, occupied, possessed, and enjoyed, and the rents, issues, and profits thereof, and of every part thereof, had received and taken accordingly, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever of or by them the said C. B. and A. B., or either of them, or their or either of their heirs or of or by any person or persons lawfully or equitably claiming or to claim by, from, or under, or in trust for them or any of them, or by, from, or -free from in- under any of their or of either of their ancestors; AND THAT free and clear and freely and clearly and absolutely acquitted, exonerated, released, and for ever discharged, or otherwise by the said C. B. and A. B., or one of them, or their or one of their heirs, executors, or administrators, well and sufficiently saved, kept harmless, and indemnified of, from, and against all and all manner of former and other estates, titles, troubles, charges, debts, and incumbrances whatsoever, either already had, made, executed, occasioned, or suffered, or hereafter to be had, made, executed, occasioned, or suffered by the said C. B. and A. B., or either of them, or their or either of their heirs, or by any person or persons lawfully or equitably claiming or to claim by, from, or under, or in trust for them or any of them, or by, from, or under any of the ancestors of them the said C. B. and A. B., or of either of them: AND FURTHER, that they the said C. B. cumbrances; -and for further assurance. and A. B., and each of them, and their respective heirs, and all and every other person or persons having or claiming, or who shall or may have or claim any estate, right, title, interest, inheritance, use, trust, property, claim, or demand whatsoever, either at law or in equity, of, in, to, or out of the said hereditaments and premises herein before directed, limited, and appointed, and granted and released, and covenanted to be surrendered respectively, or expressed and intended so to be, or any of them, or any part thereof, by, from, or under, or in trust for them the said C. B. and A. B., or either of them, or their or either of their heirs, or by, from, or under any of the ancestors of them the said C. B. and A. B., or either of them, shall and will, from time to time, and at all times hereafter, upon every reasonable request to be made for that purpose by the said I. K. and L. M., or the survivor of them, or the heirs, executors, or administrators of such survivor, or of any person or persons for the time being interested in the premises under or by virtue of these presents make, do, acknowledge, and execute, or cause and procure to be made, done, acknowledged, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devices, appointments, conveyances, surrenders, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely appointing and granting, conveying and assuring of the said hereditaments and premises hereinbefore directed, limited, and appointed, and granted and released respectively, or expressed and intended so to be and every part thereof to the uses and in manner aforesaid, and for surrendering the said copyhold hereditaments and premises, hereinbefore covenanted to be surrendered, upon the trusts and in manner aforesaid, as by the said I. K. and L. M., or the survivor of them, or the heirs of such survivor, or any of the parties interested in the premises under these presents, or their or any of their counsel in the law, shall be reasonably devised or advised and required. IN WITNESS &c. SCHEDULE to which the above-written indenture refers. REAL ESTATE WITH USUAL CLAUSES. |