Sidebilder
PDF
ePub

and by the same or any other deed or deeds, instrument or instruments in writing, to be sealed, delivered, and attested as aforesaid, or by his last will and testament in writing, or any codicil or codicils thereto, to limit, appoint, direct, or declare any new or other use or uses, estate or estates, trust or trusts, power or powers, of and concerning the hereditaments of, and regarding which all or any, or every of the uses, trusts, limitations, powers, and provisions, shall be so revoked, determined, or made void, as aforesaid, which he shall think proper to limit, appoint, direct, or declare.

Provided also, &c., that it shall and may be law- Sale, exful for the trustees or trustee for the time being, change, [and

. acting under these presents, at any time or times after the solemnization of the said intended marriage, [at the request, and by the direction of the said A. B. during his life, to be testified by some deed or writing, deeds or writings, under his hand and seal, and after his death then of the proper authority, and at the discretion of such trustees or trustee for the time being, if they or he shall think fit,] (or) [at the request and by the direction of the said (tenants for life,] when, and as by virtue of the limitations hereinbefore contained, they shall respectively be in possession, or beneficially entitled to the receipt of the rents and profits of the said hereditaments hereinbefore granted and released, or intended so to be, during their respective lives, (such request or direction to be testified by some deed or writing under their respective hands and seals, if such person respectively shall be of full age, but if not, then of the proper authority, and at the discretion of such trustees or trustee for the time being during their respective minorities,) and also of the proper authority and at the discretion of such trustees or trustee for the time being, during the minority of any child or children of any of them, the said (tenants for life,] who, by virtue of the limitations aforesaid, shall, for the time being, be entitled to the possession, or to the receipt

of the rents and profits of the same hereditaments, or any share or shares thereof,] to make sale, alien, and dispose of, or to convey in exchange for, or in lieu of other messuages, lands, or hereditaments to be situated in England or Wales, all, or any part of the hereditaments

hereinbefore granted and released, or intended so to be, with the appurtenances, and also any messuages, lands, tenements, or hereditaments to be purchased or received in exchange (or upon partition] under this present power, and the inheritance thereof in fee-simple, [and the undivided moiety or half part of, and in all, or any part or parts of the said hereditaments situate in the parish of S. aforesaid, and of, and in the appurtenances and the inheritance thereof in fee-simple,] to any person or persons whomsoever, either together or in parcels, and for such price or prices in money, or for such equivalent or recompence in messuages, lands, or hereditaments, and under and subject to such conditions, stipulations, and agreements as to the trustees or trustee for the time being shall seem reasonable, [or to join with any person or persons in making partition of all, or any part or parts of the hereditament situate at S. aforesaid,] and for the intents and purposes aforesaid, or any of them, it shall and may be lawful for the said trustees or trustee for the time being, at such request, and by such direction, and so testified as aforesaid, or of such proper authority, and at such discretion as the case may be by any deed or deeds, instrument or instruments in writing, to be by him or them duly sealed and delivered in the presence of, and attested by, two or more credible witnesses, to revoke, deter. mine, and make void, all and every the uses, estates, trusts, limitations, powers, and provisos, in and by these presents limited, expressed, declared, and contained, of and concerning the hereditaments which shall be so sold or exchanged, [or of which partition shall be made as aforesaid,] or any part thereof, but without prejudice to any lease or leases which shall

[merged small][ocr errors]

have been previously made thereof in pursuance of
the power of leasing hereinbefore contained, and by
the same or some other deed or deeds, instrument
or instruments in writing, to be by such trustees
or trustee sealed and delivered, and attested as
aforesaid, to limit

, appoint, direct, and declare such
use or uses, estate or estates, trust or trusts, of or
concerning the hereditaments, the uses whereof shall
be so revoked, which it shall be thought necessary
or expedient to limit, declare, direct, or appoint, in
order to effect every such sale [or] exchange (or
partition] as aforesaid, and that upon any such ex-
change or exchanges, (partition or partitions,] as
aforesaid, it shall and may be lawful for the trustees

or trustee for the time being of these presents, to ec! receive or give any sum or sums of money by way

of equality of exchange (or partition,] and to mort-
gage or charge all or any part of the estates hereby
settled as aforesaid, or to be purchased or taken in
exchange, [or on partition,] under this present power,
for or with the money so to be given, with lawful
interest for the same, or otherwise to pay the same
out of any monies to arise under the exercise of this
present power:

Provided also, and it is hereby further agreed and To invest mo-
declared between and by the said parties hereto, ney received
that when, and as any monies shall be received from exchange or
any sale, exchange, (or partition,] to be made under partition.
the power hereinbefore for that purpose contained,
the trustees or trustee for the time being of these
presents shall, with all convenient speed, (with the
consent of the said , if living, to be testified
by writing under his hand, or after his death, then
of the proper authority, and at the discretion of the
said trustees or trustee for the time being,] or [at
such request, or by such direction, and so testified
as aforesaid, or of such proper authority, and at such
discretion as the case may be,] lay out and invest
such monies in the purchase of other freehold or
copyhold messuages, lands, or hereditaments, to be

[ocr errors]
[ocr errors]
[ocr errors]

لی

da

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

ch

situate, being, or arising somewhere in England or Wales, and as well the hereditaments so to be purchased, as all and every the hereditaments so to be received in exchange, Cor upon any such partition,] as aforesaid shall be settled, conveyed, surrendered, and assured to, for, and upon such uses, trusts, intents, and purposes, and under, and subject to such powers, provisos, declarations, and agreements as are in and by these presents limited, expressed, declared, and contained, of and concerning the said hereditaments hereby granted and released, or intended so to be, or as near thereto as the deaths of parties and other contingencies, or the circumstances of the case, will then permit : Provided, nevertheless, and it is hereby further agreed and declared between and by the said parties to these presents, that in the meantime, and until the monies to arise by such sale, or to be received for equality of exchange, [or upon any such partition,] as aforesaid, shall be laid out and invested in a purchase or purchases in the manner hereinbefore mentioned, it shall be lawful for the said trustees or trustee for the time being, [with the consent of the said during his life, and after his decease, then by and of the proper authority, and at the discretion of the said trustees or trustee for the time being,] or [at such request, or by such direction, and so testified as aforesaid, or of such proper authority, and at such discretion as the case may be,] from time to time, to place out and invest such monies in some or one of the public or parliamentary stocks or funds of Great Britain, or at interest upon government or real securities in England or Wales, and from time to time with such consent, or of such proper authority, and at such discretion as the case may be, to alter, vary, and transfer such stocks, funds, or securities for or into new or other stocks, funds, or securities of the same, or the like nature, as often as such trustees or trustee shall think proper, and that the interest, dividends, and annual produce arising from

new trustees

ment.)

such stocks, funds, or securities, shall from time to time go and be paid to such person or persons, and be applied to and for such intents and purposes, and in such manner as the rents and profits of the hereditaments to be purchased therewith would go and be payable, or applicable to, in case such purchase or purchases were actually made.

Provided always, &c., that in case the trustees in To appoint and by these presents nominated and appointed, or

(in a settleany or either of them, or any succeeding or other trustees or trustee of the said trust-estate and premises to be appointed, as hereinafter mentioned, shall happen to die, or decline, refuse, neglect, or become incapable or unfit to act in the trusts and powers herein declared and contained, before the same shall have been fully performed or satisfied, then, and so often as the same shall happen, it shall be lawful for the said A. B. and C. D. during their joint lives, and after the decease of either of them, to and for the survivor of them during his or her life, and after the decease of such survivor of them, to and for the surviving trustee or trustees of the trust-premises, the trustee or trustees of which shall so die, desire to be discharged, or refuse, neglect, or become incapable or unfit to act, or go to reside beyond the seas as aforesaid, or in case there shall be no such continuing trustee, then for the retiring trustees or trustee, by any deed or writing to be sealed and delivered, by them, him, or her, in the presence of, and attested by two or more credible witnesses, nominate and appoint

any
other

person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying, desiring to be discharged, or refusing, neglecting, or becoming incapable or unfit to act, or going to reside beyond the seas, as aforesaid, and that

upon every such appointment all the trust-estate and premises, (the trustee or trustees of which shall so die, desire to be discharged, or refuse, neglect, or become incapable or unfit to act, or go to reside beyond the seas, as aforesaid,) shall be thereupou con

« ForrigeFortsett »