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Warrant of attorney.
Covenant to pay.
l'ower of attorney.
Trustees not to be answemble.
Assignor not lo receive trust estate.
(trustees) as the trustees of the sd settlt And whas the
torily assuring the sd sum or sums int divds and preses Monies. unto the sd (trustees) or the survor, &c. and for the furr and more effectually enabling them to recover rece and dispose of the same In Trust as afd in such manner and form as by the sd (trustees) their exs, &c. or their counsel learned in the law shall be reasonably devised advised or required And furr that the sd (assignor) his Indemnity exs, &c. shall and will from time to time and at all '0 tru9tcc*' times hraftr well and sufficiently save defend keep harmless and indemnified them the sd (trustees) each and evy of them and each and evy of their exs, &c. and each and evy of their goods chattels Ids tents and heredts of from and agst all costs losses dams and exps which they or either of them shall or may suffer sustain or be put unto for or by reason or means of their or either of their acts in or about the exon of the trusts of the sd in pt recited indre of settlt or of having permitted or suffered any pt of the sd trust este to be reed by the sd (assignor) contrary to the strict meaning of the sd trusts or of any sums of money being due or owing by him the sd (assignor) to the sd trust este or orwise in relation thereto or to the trusts created by the sd in pt recited indre of settlt And lastly that he the sd (assignor) his hrs exs or ads shall and will within six inths after each of the sd two sons £ and W of the sd (assignor) shall attain his age of 21 procure from him and deliver to the sd (trustees) or the survivor of them, &c. a full and complete rele and indemnity in respect of the sd trust preses and his claims under the sd settlt Provided that nothing therein contd shall extend to injure or affect the ints of the sd E and W or either of them in and to such pts of the sd trust funds as shall then actually remain vested in the sd (trees) or, &c. And furr it is hby expressly decld and agrd by and betn the sd pties that they the sd (trustees) and the survor of them, &c. shall and will stand possessed of and interested in the stocks and secties to be purchased with the sd sum of £ — hnbefe covtd to be pd by the sd (assignor) as afd or in deft of such paymt in the int divds and annual proceeds hnbefe directed to be reed upon such and the same trusts and subject to such and the same powers provos declons and apptmts as the same are or ought to be subject or liable to under or by virtue of the sd in pt recited indre of settlt In Witness, &c.
Assignment of a Sum of Money by way of Security for the Payment of another Sum.
This Indre made, &c. Betn (assignor) of, &c. of the one pt and (assignee) of, &c. of the or. pt Whas by Recitals. Monies.
Proviso to make assignment void.
Covenant to pay.
No act to incumber.
Good rigbt to assign.
indre, &c. (recite settlement giving power of appointment to husband and wife) And what (recite appointment of, &c. by the husband at his dece to the assignor his son) Now this Indre Witnesseth That in conson of £ — to the sd (assignor) well and truly pd by the sd (assignee) the rect, &c. He the sd (arsignor) Hath granted bargained, &c. and by, &c. doth grant, &c. unto the sd (assignee) his exs, &c. all that the sum of £ — so given and appted unto the sd (assignor) as hnbefe mentd unci all the este right title int property possibility claim and demand whatsr both at law and in equity or orwise howsr of him the sd (assignor) of in to out of or upon the preses hby assd or any pt thof resply with full power and authy to and for the sd (assignee) his exs ads and ass, &c. (see p. 153) Tb Have, &c. the sd sum of £ — and all and singr or. the preses hby assd unto the sd (assignee) his exs, &c. to and for his and their own use subjeit nevss to the proviso or condon hnaftr mentd Provided always That if the sd (assignor) his exs or ads do and shall pay unto the sd (assignee) his exs, &c. the sum of £ — with int for the same of £ — per cent. at or before the end of 12 cal mths from the date hereof Then these prests shall be void And the sd (assignor) for himself his exs, &c. doth hby covt, &c. with the sd (assignee) his exs, &c. in manner following that is to say That he the sd (assignor) his exs or ads shall and will pay unto the sd (assignee) his ex.*, &c. the s<l sum of £ — with int after the rate afd at or before the end of 12 cal mths from the date hereof And also that he the sd (assignor) hath not done, &c. any act to incumber (see Assignment of Bill of Sale) And that he hath in himself good right and full power to asiit;n the sd sum and the preses hby assd or intended so to be unto the sd (assignor) his exs ads and ass in manner afd And Jurr That he the sd (assignor) his exs and ads and all or. psns claiming or to claim any right title or int of and in the sd sum of £ — or any pt thof by from or under or in trust for him the sd (assignor) his exs and ads shall and will at all times hraftr upon evy request of the sd (assignee) his, &c. but at the costs and thus of the sd (assignor) his exs, &c. do make and exte all such furr assnmts and assure for more perfectly and absolutely assigning and assuring the sd sum of £ — unto the sd (assignee) his exs, &c. as by him and them or his or their counsel in the law shall be advised and required Provided always and it is hby decld and agrd that if deft be made in payment of the sd sum of £ — and int. hby secured or any pt thof resply contrary to the true intent and meaning of these prests it shall be Mortal for the sd (assignee) his exs ads or ass absolutely gage. to sell and dispose of the sd sum of £ — and preses hby assd freed from the provo for redemption hnbefe contd and all or. equity of redemption whatsr by public auction or private contract altogr or in pcU and generally in such manner as he the sd (assignee) his exs, &c. shall think proper And to assign and assure the sd sum and preses or any pt or pts thof when sold unto the purchaser or purehnsers thof as he or they shall appt And to rece the purchase money for the same and thereout in the first place to pay the costs of such sale or sales and all or. costs incident thereto and in the next place to satisfy the sd sum of £ — and int hby secured or such pt thof as shall then remain due And lastly after the payments afd to pay over the ultimate residue to the sd (assignor) his exs ads or ass Provided also and it is hby furr decld that any rect or rects which shall be given by the sd (assignee) his exs, &c. for any mos reed under the power afd shall be a legal and sufficient discharge or legal and sufficient discharges to the psn or psns paying the same and fully release the sd psn or psns resply from all obligation of seeing to the application of the sd money and from all liability by reason of the misapplication or nonapplication thof or any pt thof And that the purchaser or purchasers shall not be obliged to inquire whether deft shall have been made in paymt of the sd sum of £— and int or any pt thof contrary to the provo or covt hnbefe contd but that the production of these prests to such purchaser or purchasers after the time hnbefe limited for the paymt of the sd principal sum and int hby secured witht any memorandum of paymt of the same endorsed thereon and signed by the sd (assignee) his exs ads or ass shall be conclusive evidence of the nonpaymt thof and of the right of the sd (assignee) his exs or ass to exte the power hnbefe given In Witness, &c.
Assignment of a Mortgage from the Executors of a Mortgagee to a Person advancing the Money where the Mortgagor is not a Party.
Obs. 1. An assignment of a mortgage is in reality the assignment Concnrof a debt, that debt being collaterally secured by a charge upon a rence of real estate, Matthew v. Wahoyn, 4 Ves. 118. A mortgagee may mortgagor assign without the mortgagor being a party, Newport*$ Case, Skinn. why neces483; but the safer course is, that the mortgagor should join in the aary. transfer. If an assignee pay arrears of interest it will not be considered principal, and bear interest, unless the mortgagor concur in the assignment, E. of Macclesfield v. Fit ton, 1 Vcrn. 169; Smith v. Pemtstrton, 1 Ch. Cas. 68; Ackenhurst v. James, 3 Atk. 271.
Mortgage 2- By the 3 G. IV. c. 117, amending the 55 G. III. c. 184, any transfer, assignment, or reconveyance of any mortgage or other security, provided no further sum of money be added to the principal money or stock already secured, is chargeable only with the usual deed stamp of 1/. 15*. and the further progressive duty of 1/. 5*. As to the assignment of mortgages, see further Mortgages.
This Indre made, &c. Betn (assignors) executors of A B late of, &c. deceased of the one pt and (assignee) of, &c. of the or. pt Whas by an indre of assignment bearing date the day of and made betn (mortgagor) therein described of the one pt and the sd A B deed of the or. pt It is witnessed that in conson of the sum of £ — to him the sd (mortgagor) pd by the sd A B he the sd (mortgagor) did grant and demise unto the sd A B his exs, &c. inter alia All those the messes, &c. (parcels) To Hold the same unto the sd A B his exs, &c. from the day of then last past for the term of yrs under the yrly rent of a peppercorn subject nevss to a provo therein contd for redemption upon paymt by the sd (mortgagor) to the sd A B of the sum of £ — and int on the days and times and in manner therein mentd Mortgage -dnd whas (recite bond given by mortgagor) And whas money still the sd principal sum of £ — is still due and owing unpaid. unt0 them the sd (assignors) as exs afd upon or by virtue of the sd recited secties with an arrear of int amounting to the sum of £ — And whas the sd exs having occasion for the sd principal money and int due to them as afd the sd (assignee) hath at their request agrd to pay them the sum of £ — upon having an assignment of the sd principal sum of £ — and int due and to grow due thereon and of the sd mtgd heredts in manner Testatum. hnaftr mentd Now this Indre Witnesseth That in pursuance of the sd in pt recited agrmt and in conson of the sum of £ — of, &c. by the sd (assignee) to the sd (assignors) as exs as afd in hand well and truly pd at or before the sealing and delivery of these prests in full of all principal money and int now due and owing to them as exs as afd upon or by virtue of the sd secties the rect whof they the sd (assignors) and each of them do and doth hby acknge and of and from the same and evy pt thof do and doth acquit rele and discharge the sd (assignor) his hrs exs ads and ass for ever They the sd (assignors) Have bargained and assigned All that the sd principal sum of * — so due and owing to them as exs as afd and secured by the hnbefe in pt recited indre of demise and bond And all future and or. sums of money which from henceforth shall or may grow due by way of int for or on account of the sd principal sum of £ — And also the sd messes and tents lds heredts and or. the preses comprised in the sd in