neceffary), a

the rent, and

or affigns, or his or their counsel learned in the ASSIGNlaw fhall be reasonably advised, devised, or re- MENT. quired. AND laftly, the faid C. D. for himself, his executors, administrators, and affigns, doth And, (where covenant, promife, and grant, to and with the covenant from faid A. A. his executors and adminiftrators, that affignce to pay he the faid C. D. his executors or adminiftrators, indemniy the fome or one of them, fhall and will, from time to affignors therefrom. time, from henceforth, for and during the remainder of the faid term of years, now to come and unexpired, well and truly pay the said yearly rent of, to the faid at fuch times, and in fuch manner as the fame is referved and made payable by the within recited indenture of lease of the day of, and perform all and every the covenants contained in the faid indenture of lease, which on the tenant or leffees's part and behalf, from henceforth are or ought to be kept and performed. Aud alfo fhall and will, from time to time, and at all times hereafter, fave, defend, keep harmless and indemnified, the faid A. A. his executors and adminiftrators, of and from all cofts, charges, fuits, damages, and expences, whatsoever, which he or they fhall or may bear, pay, or fuftain, for, or by reafon or means of the non-payment of the faid yearly rent or fum of which from henceforth fhall become due and

payable, or any future non-performance of any of the covenants in the faid indenture of leafe contained. IN WITNESS, &c.

OF

DECLARATIONS OF TRUST,

.

As many deeds would have a different operation from what would accord with the defign of the parties, unless the uses to which they intended to enure, were expressly declared, it is frequently neceffary to declare, by a feparate inftrument, the purposes which the deed is defigned to effectuate. But the law relative to this fpecies of deed is fo intimately connected with the doctrines of ufes and trufts in general, that it would be difficult to to explain its nature and operation, without going further into that extenfive field of learning than the limits of a preliminary effay of the prefent nature would allow.

A particular investigation of those doctrines has, however, been attempted in another place, (fee Elements of Conveyancing, book II. part III. chap. VI. VII.) where the principles upon which deeds of this fort are founded, and also the purposes to which they are applicable, are fully confidered.

PRECEDENTS

DECLARATIONS OF TRUST.

Declaration of Trufts to lead the Ufes of a Fine levied by a Man and his wife, of felled Premifes, as to Part to the Ufe of Purchafers, and as to the Remainder to the Ufes of Settlement (a),

THIS INDENTURE of four parts, made theday of, in the year &c. and in the year of our Lord between D. L. of in the county of -, gent. and L. his wife, (late L. M.) of the first part, O. 0. of, in the faid county, gent. P. P. of, in the parish of --, in the faid county, fhipwright, and Q. Q. of the parish of, in the faid county, turn pike-gate keeper, (trustees named and appointed in and by certain indentures of fettlement, made on the marriage of the faid D. L. with the faid L.

(a) This deed was prepared in pursuance of the opinion fubjoined to the deed of appointment, inferted ante Vol. I. p. 67, n. (a).

FINE.

is now wife), of the fecond part, C. W. of aforefaid, fhipwright, of the third part, and I. L. of, in the faid county, of the fourth part. Recital of mar- WHEREAS, by indentures of leafe and release, bearing date refpectively, the day of, and the

riage fettlement

day of, which were in the year, and the release being made between the faid D. L. of the first part, the said L. L. (then M.) of the fecond part, and the faid 0. O. P. P. and Q. Q. of the third part, (being a fettlement made on the marriage of the faid D. L. with the faid L. his wife), it was amongst other things witnefled, that in confideration of the faid then intended marriage, and of the fum of—, to the faid L. M. paid by the faid O. O. P. P. and Q. Q. she the faid L. M. by and with the confent of the said D. L. her said intended husband, did grant, bargain, fell, alien, remife, release, quit claim, and confirm unto them, the faid O. O. P. P. and Q. Q. and their heirs, all thofe meffuages, &c. to hold the fame unto and to the use of the faid O. O. P.P. Q.Q.and their heirs and affigns, upon fuch trufts nevertheless, and for fuch intents and purposes as Recital of deed thereinafter expreffed. AND whereas in purfuof revocation, ance of a power in and by the faid recited indenpointment, ture of releafe or fettlement, for that purpose con

and new ap

Stained, they the faid D. L. and L. his wife, by a . certain deed-poll of revocation, and new appointment bearing date the day of -, which was in the year, did revoke, change, and make void, the feveral ufes declared in the faid fettlement, concerning the faid feveral meffuages and hereditaments thereby granted and releafed as aforefaid, and limited, appointed, fettled, and affured the fame unto and to the ufe of the faid L. L. and her affigns, for her life, with remainder to the faid 0. O. P. P. and Q. Q. and their heirs in trust, to preferve contingent remainders therein after limited, but nevertheless to permit and fuffer the

.

FINE.

faid L. and her affigns, to receive the rents, and profits thereof, during her life time, to and for her own proper and feparate ufe and difpofal, and from and after her decease, to the use of fuch perfon and perfons upon fuch trufts, and to and for fuch ends, intents, and purposes as the the faid L. notwithstanding her coverture by deed or will, duly executed and attefted, direct, limit, or appoint, give, devife, and bequeath the fame, or any part thereof, and in default of, or defect in fuch limitation, or appointment, gift, devife, or bequest of all or any of the faid premifes, and as the faid eftates and intereft thereby given or appointed, should determine to the only proper ufe and behoof of the faid L. her heirs and affigns for ever, as in and by the faid indenture of releafe or fettlement, and deed of revocation and new appointment, and reference being thereunto refpective had, will more at large appear. AND where- Recital of fale as fince the execution of the said in recited part deed-poll of revocation and new appointment, the faid D. L. and L. his wife, contracted with the faid C. W. for the fale of the meffuage, tenement, or dwelling-house, with the appurtenances, in the faid hereinbefore in part recited indenture of releafe or fettlement, defcribed to be fituated on the - fide of the ftreet or highway, at otherwife aforefaid, and the fame was by indenture of leafe and release, and appointment, bearing date refpectively the and — days of ́ which was in the year, appointed, released, and confirmed unto and to the ufe of the faid C. W. and M. I. and the heirs and affigns of the faid C. W. for ever. AND whereas in and by the faid Recital of sonlaft mentioned indenture of release and appointment, chafer, in which the faid D. L. for the more effectually conveying releafor coveand affuring the faid meffuage and premifes (and nanted to levy. particularly the estate for life of the faid L. his wife therein) unto the faid C. W. and M. I. in manner

of part of the fettied premises

veyance to pur

a fine.

A