of term to at

tend the uses of

XXXVIII. In trust, nevertheless, to attend, wait upon, In assignment and be subservient to the reversion, freehold, and inheritance of the same manors and hereditaments, according to the a settlement. several uses, powers, and estates, raised, limited, created, or declared of and concerning the same, in and by the said indenture of release and settlement of the

day of and in aid or support thereof, and for the benefit of the several persons interested or to be interested, under such uses, powers, and estates, and the execution thereof respectively, in order to protect the same freehold reversion and inheritance from and against all charges and incumbrances, if any such there be, mesne and subsequent to the creation of the same term.

XXXIX. And it is hereby agreed and declared, between and by the parties to these presents, that the said C. D., his executors, administrators, and assigns, shall stand and be possessed of and interested in all and singular the premises hereinbefore assigned, or expressed and intended so to be, and of and in their appurtenances, for all the residue now to come and unexpired of the said term of years; and that all and every other the person or persons, in whom the messuage, lands, and other hereditaments, hereinbefore released, or expressed and intended so to be, or any of them, or any part thereof, are, is, can, shall, or may become vested for any term or terms of years, or chattel interest or interests whatsoever, shall stand and be possessed of and interested in the same premises respectively, for all the said term or terms of years, interest or interests respectively, upon the trusts following; that is to say, as to one moiety thereof, in trust for the said A. B., his heirs, appointees, and assigns, and to assign and dispose of the same as he or they shall from time to time direct or appoint, and in the mean time, Upon trust, to permit the residue and remainder of the said term of years, and of the said other term or terms, interest or interests respectively, to wait upon and attend the reversion, freehold, and inheritance of the said moiety of the premises therein respectively comprised, according to the uses hereinbefore declared of the same, so as to protect the same from all mesne incumbrances, if any such there be;

Declaration of trusts of term

assigned to attend, where the

estate is con

veyed in moieties to uses.

Another form.

Trusts to attend upon an assignment of differ

And as to the remaining other moiety of the same premises, in trust for the said E. F., his heirs, appointees, and assigns, and to assign and dispose of the same as he or they shall from time to time direct, limit, or appoint; and in the mean time, upon trust, to permit the residue and remainder of the said term of years, and of the said other term or terms, interest or interests respectively, to wait upon and attend the reversion, freehold, and inheritance of the said last-mentioned moiety of the premises, therein respectively comprised, according to the uses herein before declared of the same, so as to protect the same from all mesne incumbrances, if any such there be.

XL. And it is hereby declared and agreed, by and between the parties to these presents, and the said A. B. and C. D. do hereby severally direct and appoint that the said E. F. and G. H. respectively, and their respective executors, administrators, and assigns, shall severally and respectively stand and be possessed of the said messuages &c. hereby assigned to them respectively for the several residues of the said several terms therein respectively, Upon trust for the person or persons who for the time being shall be entitled to the freehold, reversion, and inheritance of the said premises, under the limitations hereinbefore contained, and in the parts, shares, and proportions, and for the times and estates in and for which they respectively shall be entitled to the same, and to be assigned and disposed of from time to time as they respectively shall direct or appoint; and in the mean time to attend, wait upon, and go along with the freehold, reversion, and inheritance of the same premises, according to the uses, trusts, and estates hereby limited thereof, and be subservient to the same uses, trusts, and estates; to the end that the same freehold, reversion, and inheritance may by means of the said terms be protected and defended from and against all incumbrances, if any, mesne, and subsequent to the creation of the same terms respectively, and upon no other trust, and for no other end, interest, or purpose whatsoever.

XLI. And it is hereby directed, declared, and agreed by and between all the parties to these presents, that the said

years and

different trus

A. B. and C. D. respectively, and their respective executors, ent terms to administrators, and assigns, shall stand and be possessed of tees. the said several terms of years, in the lands and hereditaments hereby assured to them respectively, Upon trust for the said E. F. and G. H., their heirs, executors, administrators, and assigns respectively, according to the nature and quality of the estates hereby conveyed to them the said E. F. and G. H., their heirs, executors, administrators, and assigns, in the same lands and hereditaments respectively, and to be assigned and disposed of from time to time as they shall appoint, and in the mean time to attend, wait upon, and go along with the reversion or other estate in the same lands and hereditaments respectively, which is herein before released, or assigned, or otherwise assured to tho said E. F. and G. H., their heirs, executors, administrators, and assigns respectively; to the intent that the same reversion or other estate may by means of the said terms respectively be protected and defended from and against all incumbrances, if any, mesne, and subsequent to the creation of the same terms respectively.

XLII. Upon the trusts, and to and for the intents and purposes hereinafter expressed or declared of or concerning the same; that is to say, as to all such, and so many, and such part and parts of the said hereditaments as have not been sold or disposed of by the said A. B. as aforesaid, in trust for the said A. B., his heirs, appointees, and assigns, and to dispose of the same as he or they shall from time to time direct or appoint; And as to &c. [similar trust as to part conveyed to C. D.]; And as to all and singular the premises hereinbefore assigned, or intended so to be, subject to the trusts hereinbefore declared thereof respectively, Upon trust to permit the residue and remainder of the said term of years, and of the said other term or terms, or interest or interests respectively, to wait upon and attend the reversion, freehold, and inheritance of the premises therein respectively comprised, according to the uses declared thereof, and now subsisting therein respectively, as hereinbefore is mentioned and recited, so as to protect the same from all mesne charges and incumbrances, if any such there be.

of a satisfied several purchasers and sub-purchasers of the estates comprised

term for the

therein, and to

attend the re

version.

Of term assigned to attend upon mortgage, and, subject

thereto, upon the reversion.

Another form.

XLIII. And it is hereby agreed and declared between and by the parties to these presents, that he the said C. D., his executors, administrators, and assigns, shall stand and be possessed of and interested in all and singular the premises hereinbefore assigned, or expressed and intended so to be, and of and in their appurtenances, for all the residue now to come and unexpired of the said term of

years; And that all and every other person or persons in whom the messuages and other hereditaments hereinbefore appointed and released, or expressed and intended so to be, or any of them, or any part thereof, are, is, can, shall, or may become vested for any term or terms of years, or chattel interest or interests whatsoever, shall stand and be possessed of and interested in the same premises respectively, for all the said term or terms of years, interest or interests respectively, In trust for the said A. B., his executors, administrators, and assigns, and to assign and dispose of the same as he or they shall from time to time direct or appoint, for the better and more effectually securing to him the said A. B., his executors, administrators, and assigns, the repayment of the said sum of £ on or at the days or times, and in manner as in the aforesaid proviso or agreement mentioned and appointed for payment of the same; and from and after payment of the said sum of £ unto the said A. B., his executors, administrators, and assigns, and in the mean time subject thereto, Upon trust to permit the residue and remainder of the said years, and of the said other term or terms, interest or interests respectively, to wait upon and attend the reversion, freehold, and inheritance of the premises therein respectively comprised, so as to go along with and be subservient to the same, and to protect and defend the same from all mesne incumbrances, if any such there be.

term of

XLIV. In trust for the said A. B. [mortgagee], his executors, administrators, and assigns, for further and more effectually securing to him and them the payment of the said sum of £ and the interest thereof, according to the true intent and meaning of these presents, or the said indenture of release bearing even date with these presents; and, subject to the payment thereof, In trust for the said

E. F. [the mortgagor], his heirs and assigns, to the intent that the said term of years of and in the premises. hereby assigned by the said C. D., may attend &c., the reversion &c.

XLV. Upon the trusts &c., (that is to say), as to the said messuages &c. comprised in the said term of five hundred years, appointed or demised to the said A. B. [mortgagee], his executors, administrators, and assigns, by way of mortgage as aforesaid, for securing the said principal sum of £and the interest thereof; In trust for the said A. B., his executors, administrators, and assigns, for better and more effectually securing to him and them the payment of the said sum of £, and the interest thereof, and as to, for, and concerning all the residue of the said manors &c., comprised in the said several terms of five hundred years and five hundred years, and hereinbefore assigned or otherwise assured, or intended so to be, and every part or parcel of the same, with their and every of their rights, members, and appurtenances; and after payment of the said sum of £----, and the interest thereof, and in the mean time subject thereto, as to, for, and concerning the said farms, lands, &c., appointed or demised to the said A. B., his executors, administrators, and assigns, for the said term of five hundred years, by way of mortgage aforesaid, with their and every of their rights, members, and appurtenances; In trust for the said C. D., his heirs, appointees, and assigns, and to be assigned or disposed of from time to time as he or they shall direct or appoint; And in the meantime to attend &c.

XLVI. In trust nevertheless, in the first place, for securing of attendant to the said A. B., his executors, administrators, and assigns, a charge. term, subject to the payment of the said legacy or sum of £———, and the interest thereof, when and as the same respectively shall become due and payable, according to the directions, true intent and meaning, of the last will and testament of the said C. D., and the codicil thereto; and subject to the payment of the said sum of £- and interest, In trust for the said E. F., his heirs and assigns, &c.