OF BREW CHINERY, &c. BY COPART NERS. requiring payment thereof shall by or on behalf of the said ERY, MA E. F., his executors, administrators or assigns, have been given to the said A. B. and C. D., or either of them, or the executors or administrators of them, or either of them, or left at their or his usual or then last known abode in England, then and in such case it shall be lawful for the said E. F., his executors, administrators or assigns at any time or times thereafter, without any further consent or concurrence by or on the part of the said A. B. and C. D. or either of them, or the heirs, executors, administrators and assigns of them or either of them, absolutely to sell and dispose of the messuages or tenements, dwelling houses, lands, hereditaments, plants, engines, machinery, utensils, implements, effects and premises hereby assured, or expressed and intended so to be, or any part or parts thereof respectively, either together or in lots, and either by public auction or private contract, and either with or without special conditions of sale, at his or their discretion, with full power to buy in the same, or any of them, at any such public auction or auctions, or to rescind the contract or contracts for the sale thereof, and to resell the same from time to time, without being answerable for any loss or diminution in price. And for the purpose of effectuating such sale or sales, disposition or dispositions, to do, enter into and execute all such acts, contracts and assurances as he or they the said E. F., his Receipts of executors, administrators or assigns, shall think proper. AND IT IS HEREBY AGREED and declared, that the receipt or receipts in writing of the said E. F., his executors, administrators or assigns, for any money to arise from any such sale or disposition, or otherwise payable to him or them by virtue of these presents, shall effectually discharge and relieve the person or persons to whom the same shall be given, and all persons claiming under him, her or them, from being answerable or accountable for the misapplication or nonapplication, or from being in anywise bound to see to the application of the money therein respectively mentioned to be received, or to inquire whether such default has been made, or whether any such notice has been given as aforesaid, or otherwise as to the necessity or propriety of any sale or disposition which may be made by virtue of these presents, and from being prejudiced in title or mortgagee. otherwise by express or implied notice that no such default has OF BREWbeen made or notice given as aforesaid, or that such sale or disposition was unnecessary and improper. AND IT IS HEREBY FURTHER AGREED and declared that the said E. F., his exe FRY, MACHINERY, & C. BY COPART NERS. arising from. cutors, administrators and assigns, shall hold all and singular Declaration the monies which shall arise from any sale which shall be made as to monies in pursuance of the aforesaid power in that behalf upon the trusts following (that is to say): UPON TRUST in the first place by, with or out of the same monies to reimburse himself or themselves, or pay or discharge all the costs and expenses attending such sale or sales or otherwise to be incurred in or about the exercise of the said power of sale, or in anywise relating thereto; AND IN THE NEXT PLACE upon trust to apply such monies in or towards satisfaction of all and singular the monies which for the time being shall be due on the security of these presents: AND THEN upon trust to pay the surplus (if any) of the said monies, so far as the same shall have proceeded from the sale of the freehold hereditaments and premises hereby assured, or intended so to be, unto the said A. B. and C. D., their heirs and assigns, in equal shares as tenants in common ; and so far as the same shall have proceeded from the sale of the personal estate and premises hereby assigned, or intended so to be, unto the said A. B. and C. D., their executors, administrators and assigns, in equal shares, as tenants in common. [Power of sale may be exercised by any person entitled to receive mortgage debt. Power of sale not to deprive mortgagee of right to foreclose, supra, p. 203]. SCHEDULE REFERRED TO IN THE ABOVE WRITTEN INDENTURE. CONVEY- WHERE PAYMENT OF PUR CHASE MONEY IS BY MORT GAGE. Parties. Recite con No. XLIX. CONVEYANCE of FREEHOLDS where part of the PURCHASE MONEY is retained by the PURCHASER, and secured by a MORTGAGE. day of THIS INDENTURE, made the BETWEEN A. B. of &c. [vendor], of the one part, and C. D., of &c. [purchaser], of the other part: WHEREAS the said A. B. hath contracted and agreed with the said C. D. for the absolute sale to him of the hereditaments hereinafter particularly tract for sale described, and intended to be hereby assured, with the appurtenances, and the freehold and inheritance thereof, in fee simple in possession, free from all incumbrances, at or for the Part of pur-; price or sum of £500: AND WHEREAS upon the treaty for the to remain due said purchase it was agreed that the sum of £200, part of the frency of said purchase money, should remain in the hands of the said chase money freeholds. C. D. upon the security of the said hereditaments by a mortgage thereof to the said A. B. in manner hereinafter mentioned: NOW THIS INDENTURE WITNESSETH, that in pursuance of the aforesaid agreement, and in consideration of the sum of £300, part of the said purchase money or sum of £500, to the said A. B. paid by the said C. D., on or immediately before the execution of these presents [the receipt, &c.], and also in consiConveyance deration of the sum of £200, being the remainder of the said by vendor of parcels. purchase money or sum of £500 so secured to be paid to the said A. B. as hereinafter mentioned, he the said A. B. by these presents, doth grant, convey and confirm unto the said C. D., his heirs and assigns, ALL, &c. [parcels, general words, and all the estate, &c.], TO HAVE AND TO HOLD the said hereditaments and premises hereby assured, or expressed and intended so to be, with their and every of their appurtenances, unto the said to use of ven- C. D., his heirs and assigns, To THE USE of the said A. B., his dor, to secure unpaid purheirs and assigns, subject nevertheless to the proviso for rechase money, and then to demption hereinafter contained: PROVIDED ALWAYS, and it is chaser in fee. hereby agreed and declared between and by the said A. B. and the said C. D., and the true intent and meaning of them and these presents nevertheless is, that if the said C. D., his heirs, To hold to purchaser, use of pur executors, administrators or assigns, shall on the day of CONVEY ANCE WHERE OF PUR CHASE SECURED BY MORTGAGE. - now next ensuing, well and truly pay or cause to be paid to the said A. B., his executors, administrators or assigns, the PAYMENT sum of £200, with interest for the same after the rate of £5 for £100 by the year, to be computed from the date of these MONEY IS presents, without any deduction or abatement whatsoever, out of the said sum of £ or the interest thereof, for or in respect of any present or future taxes, charges, assessments or impositions whatsoever (except the property or income tax). Then and in such case the said A. B., his heirs or assigns, shall and will at any time after such payment shall be so made as aforesaid, upon the request and at the costs and charges of the said C. D., his heirs, executors, administrators or assigns, reconvey the said hereditaments and premises hereby granted or otherwise assured, or expressed and intended so to be, with their appurtenances [to the usual uses to bar dower in favour of C. D., supra, p. 86], free from all incumbrances whatsoever, made, done, or committed by the said A. B., his heirs, executors, administrators or assigns, so that for the doing thereof, he, they, or any of them, be not compellable to go from the place or places where he or they shall then dwell or be [Covenants by A. B. for right to convey to the uses and in manner aforesaid, and that the said hereditaments and premises shall go, and be to the uses and in manner aforesaid, and shall and may at all times hereafter be peaceably and quietly enjoyed accordingly free from incumbrances, and for further assurance to the uses and in manner aforesaid, supra, pp. 86, 87]. And the said C. D. doth hereby for himself, his heirs, executors and administrators, covenant with the said A. B., his executors, administrators and assigns, that he the said C. D., his heirs, executors, administrators or assigns, shall and will [Covenant for payment of principal money and interest, supra, p. 199: also covenants by C. D. for quiet enjoyment after default, freedom from incumbrances and for further assurance: Proviso for quiet enjoyment by C. D. until default, supra, p. 200]. IN WITNESS, &c. (a). (a) This deed must be stamped with an ad valorem duty on the whole purchase money, and also with an ad valorem on the 2007. retained by the purchaser as on a mortgage for that amount. S OF REVER- IN PER- Partics. Recite will under which entitled to personal estate. Funds of which part of personal estate consists. No. L. MORTGAGE of REVERSIONARY INTEREST in a Share of Personal Estate under a WILL, with Trusts for Sale in case of Default; PROVISO for REDUCTION of INTEREST; COVENANTS by the FATHER of MORTGAGOR, and by his MOTHER with a View to bind her separate Estate, to pay the Interest, by way of additional Security. THIS INDENTURE, made the day of BETWEEN A. B., of &c. [mortgagor], of the first part, C. D., of &c., and E. F., his wife [the father and mother of the said A. B.], of the second part, and G. H., of &c. [mortgagee], of the third part: WHEREAS under the last will and testament in writing of mortgagor is L. M., late of, deceased, dated the day of —, and one-third of proved in the Prerogative Court of Canterbury, the said A. B. is beneficially entitled to one equal third part or share of the residuary personal estate and effects, late of the said L. M., deceased, in reversion or remainder, expectant on the decease or marriage again, whichever shall first happen, of N. O.: AND WHEREAS part of the residuary personal estate and effects, late of the said L. M., or of the investments of the produce thereof, consists of the sum of £, £3 per cent. Consolidated Bank Annuities, now standing in the names of X. Y. and Y. Z., as the present trustees of the said recited will: AND WHEREAS of personal neither the amount nor the particulars of the remainder (if any) of the residuary personal estate and effects, late of the said L. M., deceased, can at present be ascertained: AND WHEREAS the said A. B. hath requested the said G. H. to advance him the sum of £, which he the said G. H. hath agreed to do, on having the repayment thereof, together with interest thereon secured by an assignment to him the said G. H. of the reversionary interest of the said A. B. under the said recited will of the said L. M., deceased, in the said third part or share in the said sum of £, £3 per cent. Consolidated Annuities, and other the residuary personal estate and premises aforesaid, Remainder estate not ascertained. Agreement for mortgage. |