Dissolu tion. Further testatum. divided into two equal pts) of him the sd C D of and Assignment of the Stock in Trade of a deceased Partner by the Administrator, to the surviving Partner, and Dissolution of Partnership between the Widow and the surviving Partner. This Indre made, &c. Betn (widow) of, &c. widow and relict of A B late of, &c. decd of the first pt (administrator) of, &c. administrator of the este and effects of the sd A B of the second pt and (surviving Recital of partner) of, &c. of the third pt Whas the sd A B decd and the sd (SP) for many years previously to and up to the death of the sd A B carried on, &c. in coptnshp togr And whas the sd A B departed this life on or about partner ship. intestate And thereupon letters of administration Dissoluwere granted by the Prerogative Ct of unto (admini- tion. strator) she the sd (W) having duly renounced the administration thof And whas the stock in trade and Death of deceased &c. pur Surviving partner and widow in partner No distribution of profits between them. plant and fixtures used by the sd pties for the purpe of partner. carrying on the sd jt trade were wholly provided by The stock and the exclusive property of the sd A B and soon in trade, after the dece of the sd A B were duly valued and appraised And thereupon the sd (S P) became the chased by purchaser thereof at the price or sum of £· which surviving sd sum of £he the sd (S P) hath duly pd to partner. the sd (administrator) as administrator of the sd A B but no regular deed of assnmt hath yet been made unto the sd (S P) of the sd stock plant or fixtures by him purchased And whas since the death of the sd AB the sd (widow) hath carried on the sd trade or business in coptnshp with the sd (S P) upon or with the sd stock plant and fixtures so purchased by the sd ship. (SP) And during the course of the sd coptnshp they have acquired some additional stock in trade and divers sums of monies due and owing unto them on the sd coptnshp acct And whas no distribution hath yet been made betn the sd (W) and (S P) of the gains and prfts of the sd jt trade so carried on by them as afd but the sd (SP) hath at different times advanced unto the sd (W) sevl sums of money amounting in the whole to the sum of £- And whas the sd (W) and (SP) have Agreement mutually agrd to dissolve the sd coptnshp and upon the to dissolve treaty for the dissolution thof it was agrd betn them partnerthat in conson of the sd sums advanced to the sd (W) by the sd (SP) as afd and also in conson of the further sum of £ to be secured to be pd to the sd (W) by the bond of the sd (SP) she the sd (W) shd assign Widow to release and make over unto him the sd (SP) all assign her her pt and share right and int as well of and in the sd share. additional stock in trade as also of and in the sevl debts and sums of money mentd in the schedule here under-written now due and owing to them the sd (W) and (SP) for or in respect of the sd jt trade And also that the sd (W) shd enter into such covts for the purpose of restraining her from carrying on the sd trade as is hraftr expssd And whas in pursuance of the sd agrmt on the pt of the sd (SP) he the sd (SP) by his bond, &c. (recite bond) And whas the sd (4) upon the application of the sd (SP) hath con- To assign sented and agrd so far as he lfully may or can witht stock. rendering himself liable to or responsible for any of the covts and agrts hby entered into betn the sd (W) and (SP) to concur in and be a pty to these prests for the ship. Surviving partner to of secure sum Recital of bond. tion. Testatum. Further Dissolu- purpe of assigning and making over unto the sd (SP) the sd stock plant and fixtures purchased by the sd (SP) as afd Now, &c. in conson of the sum of £- hnbefe pd by the sd (SP) the rect of, &c. he the sd (4) Hath granted bargained sold assigned and set over and by, &c. And in conson of the sum of £- so pd by the sd (SP) Assignment to the sd (W) the rect, &c. and also in conson of the of stock. sum of £ so secured to her by the sd (SP) as afd She the sd (W) Hath released remised and assigned and by, &c. unto, &c. All and singr the sd stock plant and fixtures and all the things belonging to being in or used for the sd coptnship trade or concern mentd and particularized in the schedule hereunder written And all the este right title int property and demand whatsr both at law and in equity of them the sd (A) and (W) and each of them into or out of all and evy the sd stock Habendum. plant fixtures and things and every pt thereof To Have Hold use and take the sd stock, &c. hby assnd or intended so to be unto the sd (SP) and his ass to and for his and their own use and bent And as and for his and their own proper goods and chattels henceforth absolutely for ever And the sd (4) doth, &c. (covt that he hath done no act to encumber) And this Indre furr Witnesseth That in pursuance of the sd agrt they the sd Dissolution (W) and (SP) Have determined vacated and dissolved of partner and by these prests Do determine, &c. the sd coptnship ship. and jt trade and do hby declare and agree that the same shall henceforth from the day of the date of these prests cease determine and be utterly void to all intents and purps as fully and effectually as if the same had never been entered into And this Indre furr Witnesseth That in conson of the preses she the sd (W) Hath granted bargd sold assd transferred and set over and by, &c. Doth, &c. unto the sd (SP) All and singr the pt and share of her the sd (W) of and in and to all and evy the ready money goods stock and effects whatsr belonging to the jt trade and coptnshp and also of and in all debts and sums of money now or at the dissolution of the sd coptnshp due and owing to the same coptnshp or jt trade And the este, &c of her the sd (W) of in and to all and evy the sd debts and sums of money And all and singr the bonds bills notes and specialties and bks for and concerning the sd debts and the sd coptnshp betn them To Have Hold rece take and enjoy all and evy the ready money goods stock effects debts, &c. and or. the preses unto the sd (SP) his exs, &c. to and for his and their own use and bent And as and for his and their own proper goods and chattels from henceforth absolutely for ever And for the purpe of carrying the Further Testatum. Assignment of debts, &c. by widow. Habendum. tion. Power of Covenant from widow not to revoke power. sd agrt into effect she the sd (W) Hath made the sd Dissolu(SP), &c. her atty, &c. for the sole use and bent and at the sole risk cost and chas of him the sd (SP) to ask, &c. (see Gen. Precedent) And she the sd (W) for attorney. herself, &c. doth hby covt, &c. that she the sd (W) her exs or ads or any or. psn or psns whomsr shall not nor will revoke or annul the power of atty hby given or rece release compound or discharge or in any manner directly or indirectly interfere with the collecting compounding or receiving of the sd debts and sums of money hby assigned nor disavow or become nonsuit or orwise impede delay or interfere in any action suit or or. proceeding whatsr to be commenced sued or prosecuted for recovery thof or in relation thereto And moreover For further shall and will from time to time and at all times hraftr assurance. at the rease request and at the costs chas and expense of the sd (SP) join or concur in making doing and exting all and evy such furr and or. Iful and rease acts deeds and agrts as shall be requisite and proper for enabling the sd (SP) to recover rece and get in the sd coptnshp este debts and effects And the sd (SP) for Surviving himself his hrs, &c. doth hby covt, &c. with, &c. the sd partner to (W) that he shall, &c. well, &c. pay the sd sum of £— pay bond. so secured by the sd bond at the time appointed for paymt of the same as afd And also shall and will on or To disbefore the day of well and truly pay and discharge charge all and evy the debts and sums of money due and owing partnership from them the sd (SP) and (W) on the ptnshp acct since the death of the sd AB And also shall and will and to save from time to time and at all times hraftr save defend widow harmless. and keep harmless and indemnified the sd (W) her exs and evy of them and her and their lds tents goods and chattels of from and agst all and all manner of actions suits and proceedings at law or in equity which shall or may from time to time hraftr be brought commenced or prosecuted agst the sd (W) her, &c. or any or either of them and of from and agst all losses costs chas dams and exps which she or they shall or may suffer sustain expend or be put unto on acct of any debt or sums of money due or owing from them the sd (W) and (SP) or either of them in respect of the sd jt trade or any thing relating thereto And in conson of the preses she Covenant the sd (W) doth hby, &c. covt, &c. that she the sd (W) from widow her, &c. shall not nor will at any time or times hraftr not to carry on trade, alone or jtly or for any psn or psns whomsr either &c. directly or indirectly or upon any acct or pretence whatsr set up exercise or carry on the sd trade or business of within the distance of from or any pt or branch of such trade nor make or encourage any debts; Dissolu tion. Testatum. opposition to the sd trade or business hraftr to be carried on by the sd (SP) his, &c. nor do any act matter or thing to the prejudice thof and shall not nor will divulge or make known any of the secrets debts or accts of or relating to the sd coptnship trade or, &c. In Witness, &c. Assignment, Release, and Indemnity, between surviving Obs. As the estate of a deceased partner is liable to the partnership debts contracted during the partnership, the same provision of indemnity to the executors is necessary as in other cases, Devaynes v. Noble, 1 Mer. 564. This Indre made, &c. Betn executors of, &c. exs of the last will and testament of A B late of, &c. decd of the one pt and (surviving partners) of, &c. of the or. pt Whas the sd A B decd at the time of his dece and for some time previous thereto was a partner with the sd (SP) in the banking business which sd coptnshp was determined by his dece so far as regards his int in the sd coptnshp And whas the sd coptnshp accts betn the sd AB and the sd (SP) were unsettled for some yrs previous to his dece and with a view to put an end to all questions that may at any time hraftr arise the sd (E) have proposed upon payment to them of the sum of £to relinquish and give up all further claim or demand upon the sd coptnshp in respect of the int of the sd A B therein and to rele and assign to them the sd (SP) all their share and int as exs of the sd A B of and in all the outstanding debts due and owing to the sd coptnshp they the sd (SP) agreeing not only to make such payment but also to exte to the sd (E) a rele of all demands upon the este of him the sd A B decd and to indemnify the same and them the sd (E) agst all engagements and responsibility which the este of the sd A B decd might orwise be liable to on acct of the sd coptnshp to which sd proposal the sd sevl pties have consented resply Now this Indre Witnesseth That in conson of the sum of £ by the sd (SP) to the sd (E) in, &c. pd the rect, &c. and also in conson of the covts on the part of them the sd (SP) hnaftr contd They the sd (E) Have and and each of them Hath bargained, &c. and by, &c. Do, &c. and each of them Doth bargain, &c. unto the sd (SP) their exs ads and ass All the right share and int whatsr of him the sd A B at the time of his death and of them the sd (E) as his exs as afd of and in all and singr the credits and effects of the sd late coptnshp and of and in all sums of money and secties whatsr outstanding or due to the sd coptnrs either at the time of |