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Convey

ance in

Trust to sell.

Covenants

were intended to be provided for by these prests and omitted to be inserted in the sd schedule any thing hnbefe contd to the contrary notwithstanding And the sd (D) for himself his, &c. doth covt, &c. with, &c. the sd (T) in manner following that is to say That for and notwithstanding any act deed matter or thing by from him the sd (D) or any of his ancestors or any psn or debtor. psns claiming or to claim by from or under him them Seised in or any of them made done exted committed or suffered fee. to the contrary (except as hnaftr is excepted) he the sd (D) at the time of the sealing and delivery of these prests is lfully rightfully and absolutely seised of and in or well and sufficiently entitled unto the sd freehd and copyhd manors messes, &c. and heredts and all and singr or. the preses hby reld and covenanted to be surrendered or intended so to be with their and evy of their rights members and apts of a good sure perfect absolute and indefeasible este of inhance in fee-simple witht any manner of condon proviso power of limitation or revocation or any or. cause matter or thing whatsr which may can or shall alter change charge revoke determine or affect the same (other than and except the mtges and or. incumbs debts and annties hnbefe mentd or set forth in the schedule hereunderwritten or hereunto annexed and which are to be pd off and discharged in manner afd and or. than and except one annty or yrly rent-charge of £ - per. ann. granted by the sd (D) for the bent of his sister M D for her life and charged upon the sd preses at T in the sd county of S which is not intended by the sd pties to these prests to be redeemed but to remain a charge upon the este in case it shall not be found more convenient to be charged or made chargeable upon some or. pt or pts of the sd preses hby granted and reld and so to remain during her life) And that neither he the sd (D) his hrs exs or ads or any or. psn or psns lfully claiming or to claim by from or under him them or any of them shall and will at any time hraftr make do exte commit or wittingly or willingly suffer any act matter deed or thing whatsr whby the exon or performance of the trusts hby created and decld shall or may be defeated hindered prevented or in anywise retarded or delayed but on the contrary shall and will from time to time and at all times hraftr at the request of the sd trustees or the trustee for the time being or any purchaser or purchasers mtgee or mtgees make exte do and perform or cause or procure to be made done exted and performed or join with the trustee or trustees for the time being in making and exting all and evy such furr and

Not to hinder execution of trusts.

Conveyance in

Trust to

sell.

or. Iful and reasone act and acts deed and deeds conveyances surrenders and assurances in the law matters and things whatsr for the furr better and more perfectly granting conveying surrendering and assuring of all and singr the preses above-mentd to be hby reld and covtd to be surrendered as afd with their and evy of their rights members and apts unto and to the use of the sd (trustees) their hrs and ass upon the trusts and for the intents and purps hnbefe mentd and decld of and concerning the same and for the furr enabling them the sd (trustees) and the survor, &c. to exte and perform the sd trusts so hby reposed in them according to the true intent and meaning of these prests and for the granting conveying surrendering and assuring such pts of the sd freehd or copyhd heredts as shall be so sold with the apts thereto belonging unto and to the use and behoof of the purchaser or purchasers thof his her or their hrs or ass and for granting conveying surrendering and assuring such pts of the sd freehd and copyhd heredts as shall be mtgd unto the mtgee or mtgees his her or their hrs exs or ads as by the sd (trustees) or the survors or survor of them or the hrs exs or ads of such survor or of any purchaser or purchasers mtgee or mtgees of the sd preses or any pt thof or any of them or their or any of their counsel shall Indemnity be reasonably devised advised and required Provided to trustees. always and it is hby agrd and decld by and betn all the sd pties to these prests that the said (trustees) their hrs exs or ads shall each of them be charged and chargeable only for such mos as they shall resply actually rece by virtue of these prests and that the one of them shall not be answerable or accountable for the or, or ors of them or for the acts deeds rects neglects or defts of the or. or ors of them but each of them for his own acts deeds rects neglects or defts only And that they or any of them shall not be answerable or accountable for any loss or damage which may happen by the failure of any banker or goldsmith in whose custody any of the trust mos may be placed or of any psn or psns who may be employed to rece the rents issues and prfts of the sd preses And also that it shall and may be lful to and for the sd (trustees) and the survors, &c. and each and evy of them in the first place by and out of the rents issues and prfts of the sd heredts and preses and the mos to arise by the sale thof to deduct and reimburse themselves resply and also to allow to each or. all such losses costs chas and exps as they any or either of them shall or may at any time or times pay sustain expend or be put unto for or by

Convey

ance in

Trust to

sell.

trustees.

reason of the trusts hby in them reposed or the management or exon thof or any thing relative thereto and also to pay or allow to any psn or psns who shall be appted to rece the rents issues and prfts of the sd preses or any of them such salary or salaries or sum or sums of money as they the sd trustees or the survors or survor of them or the hrs or ass of such survor shall think proper Provided also and it is likewise hby Appointfurr decld and agrd by and betn the sd pties to these ment of prests and it is the true intent and meaning of them new and of these prests that if the sd (trustees) the trustees hnbefe named or any of them or any or. trustee or trustees to be elected and appted as hnaftr mentd shall happen to die or he minded or desirous to quit and be discharged from the trusts hby in them reposed as afd or shall refuse or neglect to act in the same at any time or times before such trusts shall be fully exted and performed then and in evy such case and from time to time and when and so often as the same shall happen it shall and may be lful to and for the sd (trustees) or the survivors or survivor of them or the hrs exs and ads of such survor or of any such trustee or trustees hrafter to be apptd as afd (by and with the consent and approbation of the sd (D) his hrs or ass signified by writing under his her or their hand or hands) by any writing or writings under the hands and seals or hand and seal of them the sd (trustees) or the survors, &c. attested by two or more credible witnesses to elect nominate and appt some or. fit and proper psn or psns to be a trustee or trustees for the purps afd in the place and stead of him or them who shall so happen to die or be desirous to quit and be discharged from the sd trusts or who shall refuse or neglect to act in the same and so from time to time as often as there shall be occasion to nominate substitute or appt any or. psn or psns to be trustee or trustees in the room and stead of the then or any succeeding or or. trustee or trustees who shall happen to die or be desirous to quit and be discharged from the trusts afd or shall refuse ór neglect to act in the same And that when and so often as any such new or or. trustee or trustees shall be nominated and appted all and evy the freehd and copyhd manors messes, &c. and heredts hnbefe mentd and hby granted and reld and covted to be surrendered or intended so to be or so much thof as shall not have been sold or disposed of for the purps afd or any of them and the equity of redemption of such pt or pts thof as shall be mtged and also all the trust money recd by the sale or sales mtge or mtges of any pt of the sd heredts and

Assignpreses which shall not have been expended or applied ment in in the exon of the sd trusts afd (if any such there be) Trust for shall be thereupon with all convenient speed resply Creditors. conveyed surrendered and assigned and pd in such manner as that the same shall be fully and effectually vested in the jt names of the surviving or continuing trustee or trustees and of such psn or psns as shall be elected and apptd to be a trustee or trustees and their hrs upon the trusts afd And evy such conveyance surrender and assnmt shall be decld to be upon the same trusts and to and for the same uses ends intents and purps as are in and by these prests expssd and deeld of and concerning the sd preses and the money to arise by such sale or sales mtge or mtges thof or of any pt thof or such of the sd trusts as shall be then subsisting and undetermined and capable of taking effect And all and evy such new trustee or trustees so to be appted by virtue of this power shall and may from thenceforth act in the management and exon of the sevl trusts afd as fully and effectually in all respects as if he and they had been originally appted a trustee or trustees by these prests any thing herein contd to the contrary thof in anywise notwithstanding

In Witness, &c.

Assignment of Stock in Trade, Debts, and Effects of
Copartners for the Benefit of Creditors.
(General Precedent.)

Obs. As to the validity of such an assignment, see Pref. § 9; and as to the stamp, see § 11.

This Indre made, &c. Betn A and B of, &c. carrying on trade in coptshp under the firm of A and B of, &c. of the first pt (trustees) crs of the sd (D) named and apptd for the bent of the jt and separate crs of the sd A and B of the second pt and the sevl or. psns jt and separate crs of the sd A and B whose names and seals are hereunto set and affixed of the third pt Whas the sd A and B have for sevl yrs past carried on the trade or business of merchants under the firm of A and B and in the course of their dealings have become and now stand indebted on their jt acct to the sevl psns and in the sevl sums set opposite to their respive names in the first schedule hereunder written And whas the sd A is indebted on his own separate account to the sevl psns pties to these presents of the third pt in the sevl sums set opposite to their respive names in the second schedule hereunder written And whas the sd B is indebted to the sevl psns pties hereto of the third pt in the sevl sums set opposite to their respive names in

the third schedule hereunder written And whas the capital stock or property of the sd A and B belonging to them on their jt acct consists of a certain messe warehouses and preses situate at and demised to them the sd A and B by a certain indre of lease bearing date the, &c. for a term of yrs And also of divers goods merchandize vessels bonds bills and or. secties debts and effects And whas the separate property of the sd A consists of sundry household goods furniture china plate linen and also sevl policies of insurance And whas the separate property of the sd B consists of, &c. (here state it) And whas the sd A and B are unable to pay and satisfy to evy their jt and separate crs the whole of their respive demands but in order to render to them the utmost satisfaction in their power have agrd and proposed to convey and assign all and singr the este property debts and effects belonging to them as well on their jt as on their separate acct in trust for themselves and the rest of their crs rateably in such manner as the same jt and separate este would be distributable under a fiat of bankruptcy And whas the sd (creditors) considering the present situation of the affairs of the sd A and B have consented to accept the offer of the sd A and B subject to the provos and agrts hnaftr mentd and decld Now this Indre witnesseth That in pursuance of the sd agrt and in conson of 5s. to the sd A and B in hand pd by the sd (T) the rect of which is hby acknged They the sd. A and B by and with the consent (a) of the sd (C) pties hereto testified by their signing and sealing these prests Have and each of them Hath granted bargained sold and assd and by these prests do and each of them doth grant, &c. unto the sd (T) All that messe or tent warehouses and preses comprised in the sd in pt recited indre of, &c. togr with the sd indre of lease and all the rents issues profits bent and advantage to arise therefrom And all and singr the vessels merchandize stock in trade chattels debts and effects of them the sd (D) whatsr and wheresoever And also all and evy the bills notes bonds policies of insurance and or. secties And all or. the property and effects of them the sd A and B or either of them of what nature or kind soever and wheresoever situate and being and in whosesoever hands custody or power the same or any of them or any pt or pts thof now are or at any time hraftr may be with their and evy of their apts And all the este title int claim and demand whatsr of them the sd A and B or either of them as well jtly as separately of to

(a) As to the necessity of this consent, see Pref. § 9.

Assign

ment in

Trust for
Creditors.

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