F.'s trustees

CREDITORS Overlooking, adjusting, liquidating, and fettling the before mentioned several accounts, the feveral charges and cofts in the faid, indenture of release of the day of, mentioned and expreffed, or for fetting afide, or annulling, or procuring an affignment of all or any of the trufts by the fame indenture of release, created, and generally out of the faid refidue of the faid rents, iffues, and profits, pay and discharge all cofts, charges, and expences which they the said B. C. and W. C. or the furvivor of them, or the heirs of fuch furvivor, or any or either of them, fhall or may be put unto, incur or fuftain in the management of the faid feveral matters aforefaid, and otherwise in the exeAnd that faid cution of the trufts hereby in them reposed. AND fhall ftand pof- upon this further truft, that after payment of the felled thereof. monies, cofts, charges, and expences hereinbefore dircted, to be paid, and after the trufts of these prefents fhall be fully completed and performed, the faid B. C. and W. C. and the furvivor of them, and the heirs of fuch furvivor, fhall ftand feifed of, and interested in the faid feveral freehold premifes, or fo much thereof as shall not be actually fold, for the purposes aforesaid, and that the perfon or perfons who is, or are, or fhall be admitted tenant or tenants of the said copyhold or customary premises, or shall be entitled to the fame, fhall To the ufe of ftand seised thereof to the use of the faid F. G. and and after his his affigns, for and during his natural life, and deceafe for the from and after his decease, in truft for the faid

the faid F. G.

faid C. his

daughter.

F. G. the daughter of the said F. G. and formerly the wife of the faid W. C. for and during her natural life, and from and after her decease, in truft for the heirs of the faid W. C. and F. late his wife, for ever.

Declaration of Trust, to raise Money by Sale or Mort- DEBTS. gage and apply the fame in paying Cofts of Trufts, Debts, &c. and refidue to the Owner.

UPON truft, that they the faid E. K. A. B. F. G. and F. K. or the furvivors of them, or the heirs or affigns of fuch furvivors, fhould as foon as conveniently might be, after the execution of the faid indenture of their or his own proper authority, and without the consent of the faid A.F. and his heirs, unless repaid by the faid trustees or trustee for the time being, or any purchaser or purchasers, mortgagee or mortgagees, surrender and convey absolutely, or by way of mortgage in the fee fimple, or for any term or terms of years, all and every the faid freehold and copyhold manors, meffuages, hereditaments and premises, with their and every of their appurtenances, or a competent part thereof, for the purpose aforefaid, fuch fale or fales to be made either together or in parcels, and either by public auction or private contract, for the best price to be had for the fame, and fuch mortgage or mortgages to be made of the whole or any part of the faid premises, and to fuch perfon or perfons who fhould be willing to purchase the fame, or to take a mortgage or mortgages thereof, who having paid his, her, or their purchase or mortgage to and obtained a receipt or receipts for the fame, That receipts of from the faid E. K. A. B. F. G. and F. K. or the fufficient dif. furvivors and furvivor of them, or the heirs or charges. afsigns of such survivor, fhould be by such receipt or receipts, fully acquitted and discharged from fuch purchase money or the money to be borrowed on a mortgage or mortgages of the faid premises, or so much thereof as in fuch receipt or receipts fhould be expreffed to be received, and VOL. III. Cc

&c. fhall be

Upon further

rruft,

AND

DEBTS. fhould not afterwards be liable to fee to the appli cation of the fame, or anfwerable for the lofs, mifapplication or non-application thereof. upon further truft, that they the faid trustees, or the furvivor, or the heirs, executors, or administrators of such survivor, fhould by the money to arise by fuch fale or mortgage, and by and out of the rents, iffues, and profits of the faid manors, herereditaments, and premises in the mean time, in the To pay cofts of first place, pay the cofts and expences of the truft, the trufts, &c. and in the next place to pay to the said A. F. fuch

an annuity, and in fuch manner as is therein mentioned, for his fupport, and after payment thereof, fhould discharge all the principal money and interest then due, and thereafter to become due, on the feveral mortgages mentioned in faid schedule, in manner therein particularly mentioned, and by and out of the money to arise by fuch fale or fales, to redeem all the annuities granted by the faid A. F. (except the faid annuity to the faid D. N. or fuch of them as the faid truftee fhould think fit to redeem, in manner therein, alfo particularly mentioned, and then pay off, and difcharge the feveral fums of money feifed by the judgment in the said schedule mentioned, in fuch order and priority as faid trustees or the furvivors of them, or the heirs, executors, or administrators of fuch furvivor fhould think proper, and after payment thereof fhould pay off and discharge all fums of money fecured by the feveral bonds in the faid schedule, fpecified in fuch order and priority as the faid trustees fhould think proper. AND after payment thereof, then upon truft to pay off and discharge the several fimple contracts, and debts, charge fimple particularly fpecified in the faid schedule, in fuch contract debts, order, courfe, and priority as the faid truftees ment thereof fhould think most proper, and after full payment thereof, then upon truft to pay all the refidue of the money arising from fuch fale (if any should re

and after pay

ment thereof then to dif

and after pay

then to pay

refidue to A.F.

main in their hands unapplied) unto the faid A. F. his executors and adminiftrators, and affigns, for his and their own benefit.

DEBTŠ.

Limitations of Trufts in a Deed with respect to Sale of a given Part of an Estate to discharge Incumbrances, Payment of an Annuity, and laying out furplus Money, &c.

AND THIS INDENTURE FURTHER WITNESSETH, Covenant to for further effectuating the purposes aforefaid, and furrender for the confideration aforefaid, the faid G. N. for copyholds. himself, his heirs, executors, and administrators, and the faid M. D. for himself, his heirs, executore, and administrators, and for the faid A. his wife, and her heirs, and the faid K. E. for himfelf, his heirs, executors, and administrators, and for the faid 0. his wife, and her heirs, and the faid T. W. for himself, his heirs, executors, adminiftrators, and for the faid C. his wife, and her heirs, and the faid N. I. for himself, his heirs, executors, adminiftrators, and the faid W. I. for himself, his heirs, executors, and administrators, do hereby feverally, but not jointly, or one for the other, or the heirs, executors, or administrators of another, except the hufbands aforefaid, for their respective wives, and the refpective heirs of their respective wives, covenant, promife, grant, and agree, to and with the said N. C. G.A. G. F. and B. R. their heirs and affigns, that they the faid G. N. P. H. parties hereto, M. D. and A. his wife, K. E. and O. his wife, 1. W. and C. his wife, or their respective heirs, and the refpective heirs of the faid O. A. and C. fhall, at the next or fome other court-baron, to be holden for the said

DEBTS. manor of, at the requeft of the faid N. E. G. A. G. I. and B. R. or the furvivors or furvivor of them, or the heirs of such survivor, but at the expence of the faid P. H. party hereto, and I. W. and C. his wife, or their refpective heirs, executors, or adminiftrators, or fome or one of them do, and fhall join in all fuch acts, matters, and things, as fhall be deemed neceffary or expedient, for docking and barring all entails, or limitations, or estates, in the nature thereof, of and in all and fingular the feveral customary or copyhold meffuages or tenements, buildings, lands, hereditaments, and premises, hereinbefore mentioned to have been furrendered, to the use of the faid G. R. of S. as aforefaid, and all other the cuftomary or copyhold meffuages, lands, tenements, and hereditaments, in the faid manor of

the eftate of the faid P. H. deceased, at the time of his decease, and for furrendering and affuring the fame feveral premises, with their and every of their appurtenances, to the use of the faid N. E. G. A. G. F. and B. R. their heirs and affigns, for ever, or as they fhall direct, according to the cuftom of the faid manor, upon the trufts, and to and for the intents and purposes, and under and fubject to the powers, provifos, declarations, and agreements, hereinafter declared or expreffed, of or concerning the fame. And it is hereby agreed and declared, amongst and by the parties hereto, that the faid N. E. G.A. G. F. and B. R. their heirs and affigns, shall and will stand and be feised of, and interested in all and fingular the faid feveral freehold meffuages, lands, tenements, moiety, hereditaments, and premifes, hereinbefore mentioned to be hereby releafed, and that the faid G. N. and his heirs, fhall and will stand feifed or poffeffed to him and his heirs, of and in all and fingular the faid feveral copyhold or cuftomary meffuages, lands, and premifes, with