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be reasonably advised or required. And the said John Doe, his heirs, the above described and hereby granted and released premises, and every part and parcel thereof, with the appurtenances, unto the said party of the second part, his heirs and assigns, against the said parties of the first part and their heirs, and against all and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warrant and by these presents for ever defend.

In witness whereof, &c. (as in No. 56).

No. 58.-Deed by Executors. This Indenture, made the twentieth day of March, one thousand eight hundred and fifty, between John Doe, of the city of Memphis, in the county of Shelby, and state of Tennessee, and Richard Roe, of the town of Raleigh, of the county and state aforesaid, executors of the last will and testament of John Smith, late of Raleigh, in the county of Shelby, and state of Tennessee, deceased, parties of the first part, and John Jones, of Raleigh, in the county of Shelby, and state of Tennessee, farmer, party of the second part

Witnesseth, that the said parties of the first part, by virtue of the power and authority to them given in and by the said last will and testament, and for and in consideration of the sum of eight hundred dollars and twenty-five cents, lawful money of the

United States, to them in hand paid at or before the ensealing and delivery of these presents, by the said party of the second part, the receipt whereof is hereby acknowledged, and the said party of the second part, his heirs, executors, and administrators, for ever released and discharged from the same by these presents, have granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents do grant, bargain, sell, alien, release, convey, and confirm, unto the said party of the second part, his heirs and assigns for ever, all that certain piece or parcel of land, situate, lying, and being in the town of Raleigh, in the county of Shelby, and state of Tennessee, and which is known and described as follows [here insert description of land]; together with all and singular the edifices, buildings, rights, members, privileges, advantages, hereditaments, and appurtenances, to the same belonging, or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: and also all the estate, right, title, interest, claim, and demand whatsoever, both in law and equity, which the said testator had in his lifetime, and at the time of his decease, and which the said parties of the first part, or either of them, have or hath, by virtue of the said sast will and testament, or otherwise, of, in, and to the same, and every part and parcel thereof, with the appurtenances. To have and to hold the said premises above mentioned and described, and hereby granted and conveyed, or intended so to be, with the appurtenances unto the said party of the second

part,

his heirs and assigns, to his and their only proper use, benefit, and behoof, for ever.

And the said parties of the first part, for themselves severally and respectively, and for their several and respective heirs, executors, and administrators, do severally, and not jointly, nor the one for the other or others of them, nor for the heirs, executors, administrators, or acts or deeds of the other or others of them, but each and every of them, for himself only and for his and their heirs, executors, and administrators, and their several and separate acts and deeds only, covenant, grant, promise, and agree to and with the said party of the second part, his heirs and assigns, that the said party of the second part, his heirs and assigns, shall and lawfully may

from time to time, and at all times for ever hereafter, peaceably and quietly have, hold, use, occupy, possess, and enjoy, all and singular the said hereditaments and premises hereby granted and conveyed, or intended so to be, with their and

every of their appurtenances, and receive and take the rents, issues, and profits thereof, to and for his and their own use and benefit, without any lawful let, suit, hinderance, molestation, interruption, or denial whatsoever, of, from, or by them the said parties of the first part, their heirs or assigns; or of, from, or by any other person or persons whomsoever lawfully claiming, or who shall or may lawfully claim hereafter, by, from, or under them, or either of them, or by, from, or under their or either of their right, title, interest, or estate: and that free and clear, and freely and clearly discharged, acquitted, and exonerated, or otherwise well and sufficiently saved, defended, kept harmless and indemnified by them, the said parties of the first part, their heirs and assigns, of, from, and against all and all manner of former and other gifts, grants, bargains, sales, mortgages, judgments, and all other charges and encumbrances whatsoever, had, mads, commit

ted, executed, or done, by them the said parties of the first part, or by, through, or with, their or either of their acts, deeds, means, consent, procurement, or privity.

In witness whereof, the said parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written. Signed, sealed, and deliv

JOHN DOE (seal). ered, in presence of HENRY HIGGINS,

RICHARD ROE (seal).

JOHN SMITH (seal).
JAMES SHORT.

No. 59. Trust-Deed. This Indentare, &c. (as in No. 54 to * ]

Whereas, the said John Doe is desirous to make provision for his daughter Jane Doe, now of the age of twenty-two years, against future contingencies, and for her maintenance and support; and whereas, the said John Doe is desirous that his said daughter should enjoy the proceeds, rents, issues, and income, of the real estate hereinafter more particularly described, during the term of her natural life, free from the control, liabilities, or interference, of any husband that she now has or may hereafter have :

Now, therefore, this Indenture witnesseth, that the said John Doe, in consideration of the premises, and of the sum of one dollar, lawful money of the United States, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath bargained, sold, aliened, remised, released, conveyed, and confirmed, and by these presents doth bargain, sell, alien, remise, release, convey, and confirm, unto the said party of the second part, all that certain lot, piece, or parcel of land situate, lying, and being in the town of, &c. here describe the premises); together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well at law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. To have and to hold all and singular the above mentioned and described premises, together with the appurtenances, unto the said RICHARD Roe, his successors and assigns,

In Trust,* and to and for the several uses, intents, and purposes, hereinafter mentioned, namely:

First. In trust to lease the same, and to take, collect, and receive the rents, issues, and profits thereof; and out of the same to keep the said premises in good order and repair, and properly insured, and pay all taxes, assessments, and charges, that may be imposed thereon.

Secondly. In trust to pay the residue of such rents, issues, and income, to my daughter Jane Doe, upon her sole and separate receipt, to the intent and purpose that she may enjoy, possess, and have the same, free from the control, interference, or liabilities, of any husband she now has or may hereafter have, during the term of her natural life.

Thirdly. In trust to convey the said land and premises to such person or persons as she, the said Jane Doe, by her last will and testament, or by an instrument in the nature of a last will and testament, subscribed by her in the presence of two credible witnesses, notwithstanding her coverture, may direct and appoint. And the said John Doe hereby declares, that upon

the decease of his said daughter Jane Doe, the said trusts shall cease and determine, and the land and premises above described, shall belong, in fee simple absolute, to such person or persons as the said Jane Doe shall, as aforesaid, direct and appoint; and in default of such appointment, shall revert to the said John Doe, the grantor herein named, and to his heirs, to his and their sole use, benefit, and behoof, for ever.

And the said party of the second part doth hereby signify his acceptance of this trust, and doth hereby covenant and agree, to and with the said party of the first part, faithfully to discharge and execute the same according to the true intent and meaning of these presents.

In witness whereof, &c. [as in No. 54]. * It will be understood that only the general idea of the manner in which a trust should be drawn can be given : the condition for which the trust is granted must depend on the nature of the property and intention of the grantor.

4

No. 60.-Short Form of Mortgage, with Power of

Sale. This Indenture, made the thirtieth day of November, in the year one thousand eight hundred and fifty, between Joun Doe, of the town of Wheatlanıl, in the county of Monroe, and state of New York, of the first part, and Richard Roe, of the village of Scottville, in the county of Monroe, and state of New York, of the second part

Witnesseth, that the said party of the first part, in consideration of the sum of one thousand dollars, lawful money of the United States, to him duly paid, has sold, and by these presents

does
grant
and

convey, to the said party of the second part, all that certain piece or parcel of land, &c. (here describe the land], with the appurtenances, and all the estate, title, and interest, of the said party of the first part

therein. This Grant is intended as a security for the payment of one thousand dollars, on the first day of January, one thousand eight hundred and fifty-five, with interest thereon, payable semi-annually, at the rate of seven per cent. per annum, which payments, if duly made, will render this conveyance void. And if default shall be made in the payment of the principal or interest above mentioned, then the said party of the second part, and his assigns, are hereby authorized to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount then due, with the costs and expenses allowed by law.

In witness whereof, &c. [as in No. 54).

No. 61.-Mortgage by Husband and Wife, with

Interest and Insurance Clause. This Indenture, made the sixth day of July, in the yerir one thousand eight hundred and fifty, between John Doe, of the city of Charleston, in the district of Charleston, and state of South Carolina, and Jane his wife, parties of the first part, and RICHARD Roe, of the same place, party of the second part :

Whereas, the said John Doe is justly indebted to the said party of the second part in the sum of one thousand four hunred dollars, lawful money of the United States, secured to

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