of any copyhold lands, tenements or heredi taments, by the execution of thefe prefents.

*Deed of Covenant to produce title deeds.

TH

HIS Indenture, made, &c. between W. H. of, &c. Efq; of the one part, and W. D. the elder, of, &c. gent. of the other part. Whereas by indentures of leafe and releafe, bearing date refpectively, the lease the day before, and the release bearing even date herewith, and by a bargain and fale intended to be inrolled in Chancery, feverally made or mentioned to be made between the faid W. H. and R. B. gent. his truftee, of the one part, and the faid W. D. of the other part, feveral pieces and parcels of arable land, lying and being in a certain field in, &c. were, for the confiderations herein mentioned, granted, conveyed, bargained and fold, by the faid W. H. and R, B. unto the use of the faid W. D. his heirs and affigns, for ever, as by the faid leafe, release, and bargain and fale, reference being thereunto refpectively had, will appear. And whereas the feveral deeds, evidences and writings, in the first schedule hereunto annexed, or hereunder written, mentioned and fpecified, do concern or relate not only to the title of the arable lands, meadow grounds and hereditaments, conveyed and affured to the faid W. D. and his heirs, as aforefaid, but alfo to the title of divers other hereditaments in aforefaid, the eftate of the said W. H. of greater value than the faid hereditaments and premifes conveyed to the faid W. D. And whereas the feveral

1

deeds, evidences and writings, mentioned and fpecified in the fecond fchedule hereunder written, do relate to or concern the title of divers meffuages, lands, tenements and hereditaments, fituate and being at - which were lately granted and conveyed by the faid W. H. unto E. H. Efq; and I. B. gent. his trustees and their heirs, in exchange for the arable land, meadow ground and premises, fo conveyed to the faid W. D. as aforefaid, and certain other hereditaments; which deeds, evidences and writings, mentioned and fpecified in the said two schedules, are now in the cuftody or power of the faid W. H. and it is agreed between him and the faid W. D. that the fame shall be produced in manner hereinafter expreffed. Now this Indenture witnesseth, that in pursuance of the faid recited agreement, and in confideration of the premises, the faid W. H. Doth hereby, for himself, his heirs, executors and administrators, covenant, promife and agree, to and with the faid W.D. his heirs and affigns, that he the faid W. H. his heirs, executors, adminiftrators or affigns, fhall and will, from time to time, and at all times hereafter, upon every reasonable requeft, and at the proper cofts and charges in the law of the faid W. D. his heirs or affigns, unless hindered or prevented by fire or other inevitable accidents, produce and fhew forth, or caufe to be produced and fhewn forth, unto the faid W. D. his heirs and affigns, or to his, their, or any part of their counfel, attornies, agents, folicitors, or at any trial or hearing in any Court of law or equity, or otherwife, as occafion fhall be and require; (and alfo fhall and will, at all times hereafter, at the like request, costs and charges, permit and fuffer copies to be made and taken,

by any perfon or perfons whomfoever, of) All and every, or any of the feveral deeds, evidences and writings, mentioned and specified in the fchedules hereunder written or hereunto annexed, or either of them, for the better evidencing, maintaining, defending and proving the title of the faid W. D. his heirs and affigns, of, in and to the faid arable land, meadow ground and premifes, fo conveyed, to the faid W. D. his heirs and affigns, as aforefaid, or any part or parcel thereof. And alfo fhall and will, in the mean time, keep and preferve the fame deeds, evidences and writings, fafe, undefaced, unobliterated and uncancelled, damage by fire or other inevitable accidents only excepted. In witness, &c.

Of DECLARATIONS of TRUST.

HE law relating to Declarations of

ΤΗ

Truft will be more conveniently con fidered under the heads of SETTLEMENTS and USES. The form of this fpecies of deed is as follows:

*Declaration of trust relative to a part of a fum advanced on mortgage.

W

HEREAS by indentures of leafe and release, by way of mortgage, bearing equal date with thefe prefents, and made between A. B. of, &c. of the first part, C. D. of, &c. of the fecond part, and D. E. of, &c. of the third part, All thofe meffuages, lands, &c. &c. together with all ways, waters, watercourfes, easements, profits, pri vileges, liberties, commodities, advantages, emoluments, hereditaments and appurtenances, whatsoever, to the faid meffuages, lands, hereditaments and premises, belonging or in any wife appertaining, were in confideration of the fum of therein mentioned to

be paid by the faid A. B. to the faid C. D. granted and conveyed unto the faid A. B. his heirs and affigns, fubject nevertheless to the equity of redemption of the faid C. D. his heirs, executors, adminiftrators or affigns, on payment of the fum of as aforefaid, and intereft for the fame as therein is mentioned, as in and by the said in part recited indenture of mortgage, reference being thereunto had, may more fully and at large appear. Now know all men by thefe presents, that I the faid A. B. do hereby acknowledge and declare, that the fum of £- part of the above mentioned principal fum of fo paid by £me as aforefaid, and fecured by the faid indenture of mortgage as aforefaid, was and is the property of the faid D. E. and that my name in the above recited indenture of mortgage with refpect to the faid fum of--(part of the faid principal fum of £ -) and the

intereft to grow due thereon is used only in truft for the faid D. E. his executors, adminiftrators and affigns. In witness, &c.

*Declaration of trust by an executrix and executor on receiving the purchase money for eftates chargeable with legacies to infants.

THIS Indenture made, &c. between E. T. of, &c. executor of the laft will and teftament of W. T. late of, &c. deceased, of the one part, and R. R. of, &c. of the other part. Whereas the faid W. T. by his last will and teftament in writing, bearing date, &c. did amongst other things give to his fon W. T. at his age of twenty-one years, All his eftate, both freehold and copyhold, in Great Britain, To hold to him, his heirs and affigns, fubject (amongst other things) to the payment of the following legacies, viz. the fum of £- to his daughter E. when the fhould attain the age of twenty-one years; and to his daughter S. when the thould attain her age of twenty-one years; and to his fon E. when he fhould attain his age of twenty-one years, and £- to fuch children as his wife then was or fhould be enfient with at the time of his death; and he willed, that in cafe fuch child as his faid wife fhould be enfient with, at the time of his death, thould die before the age of twenty-one years, then that the faid laft mentioned fum fhould be divided among all his children, (except his faid fon W.) and he thereby gave all his perfonal cftate, of what kind or nature foever, after payment of his debts, funeral expences,