Page images
PDF
EPUB

717

DEED OF

CONFIRMA-
TION AND

MENT.

the said children of the said G. H. have respectively attained the age of twenty-one years: AND WHEREAS, pursuant to the power of mortgaging, given or limited to them the said U. X. ARRANGE and Y. Z. by the said recited will of the said G. H., deceased, as aforesaid, and in consideration of the sum of £200 by paid to the said U. X. and Y. Z., they the said U. X. and Y. Z., on the day of surrendered out of court into the dren have

[ocr errors]
[ocr errors]

day of

[ocr errors]

tor's wife has not married again, and

all chil

attained

all and singular the twenty-one.

Surrender of copyholds

of will to

of money power in

this purpose.

AND Pursuant to

day of

same power

"; demise of

freehoids to secure a

hands of the lord of the manor of copyhold or customary hereditaments hereinafter described (being a portion of the hereditaments devised by the said by trustees recited will of the said G. H. deceased), to the use of the said secure a sum his heirs and assigns, subject nevertheless to a condition pursuant to for making void the said surrender, on payment by the said the will for U. X. and Y. Z., their heirs, executors, administrators or assigns, or other the trustees or trustee for the time being of the said will of the said G. H., deceased, unto the said his executors, administrators and assigns, of the sum of £200, together with interest thereon at the rate of £5 per cent. per annum, on the then next ensuing: WHEREAS by an indenture bearing date the and made or expressed to be made between the said U. X. and Y. Z. of the one part, and of the other part, in considera- further sum. tion of the sum of £300 to the said U. X. and Y. Z. paid by the said and in further pursuance of the power of the mortgaging for this purpose limited to them by the said recited will of the said G. H., deceased, as aforesaid, all and singular the freehold hereditaments hereinafter described and assured, or expressed so to be, were demised by the said U. X. and Y. Z. unto the said his executors, administrators and assigns, for the term of two thousand years to be computed from the date of the indenture now in recital, subject to the proviso contained in the indenture now in recital for making void the said term of two thousand years, on payment by the said U. X. and Y. Z., their heirs, executors, administrators, or other the person or persons interested in the said hereditaments and premises under or by virtue of the limitations contained in the said recited will of the said G. H., deceased, or any or either of them, unto the said his executors, admi

---

[ocr errors]

nistrators or assigns, of the sum of £300, with lawful interest
for the same, on the
day of
then next: AND WHEREAS

DEFD OF CONFIRMA

TION AND

MENT.

the said Y. Z. died on the
by an indenture bearing date the

day of

AND WHEREAS

day of

--, and made

ARRANGE or expressed to be made between the same several persons as are parties to these presents and ——, in consideration of the Death of one sum of £500 to the said U. X., paid by the said

of trustees

of will.

Surviving

all persons beneficially interested mortgage the real estate comprised in

as aforesaid)

to secure a

further sum

That principal monies are due.

said

by the

direction of the several persons parties thereto of the first six trustee and parts, all and singular the real estates devised by the said recited will of the said G. H., deceased, have been assured by the said several persons parties thereto, unto and to the use of the —, his heirs and assigns, subject to the several hereinwill (subject before recited incumbrances affecting the said real estates, or certain parts thereof as aforesaid, and also subject to the proviso in the indenture now in recital contained for redemption of the said hereditaments and premises, on payment by the said several persons parties thereto of the first seven parts, or some or one of them, or the heirs, executors, administrators or assigns of them, or some or one of them, unto the said -, his executors, administrators or assigns, of the sum of £500 and interest thereon, after the rate of £5 per cent. per annum as therein mentioned: AND WITEREAS all and singular the principal monies secured by the said recited surrender and indentures respectively, are still respectively due and owing on the security of the same surrender and indenture respectively: AND WHEREAS the said several persons parties hereto of the first six parts, are desirous of confirming the said surrender and that trustee the firstly herein before recited indenture, and of expressly declaring that the same respectively shall be good and effectual securities for the several sums and interest by the same surrender and indenture respectively secured, or expressed to be, according to the true intent and meaning thereof respectively, and that, subject thereto, the said U. X., his heirs and assigns, shall hold the said real estates so devised by the said recited will of the said G. H., deceased, as aforesaid, upon and for such trusts, intents and purposes as are hereinafter conConfirmation tained or referred to, of and concerning the same. NOW beneficially THIS INDENTURE WITNESSETH, that for effectuating the said desire, the said several persons parties hereto of the first six parts, do hereby respectively, in all respects, ratify and confirm the said recited surrender and the said recited

Desire of

parties beneficially interested to confirm the two first

securities and

shall hold

the said real

estate on the trusts after mentioned.

by parties

interested of two first securities.

indenture of the

DEED OF CONFIRMA

TION AND ARRANGE

MENT.

and arrange

trustees shall

estates in

the same at

tion.

day of, and all and singular the charges and estates thereby respectively created and granted, on and in the several hereditaments and real estate in the said surrender and indenture respectively contained, and do hereby in all respects declare that the said surrender and the said indenture of the day of shall be and continue good and effectual securities for the several principal sums and interest thereby respectively secured, or expressed so to be, according to the true intent of the said surrender and Declarationindenture respectively: AND THIS INDENTURE ALSO ment that WITNESSETII, that for further effectuating the said desire hold real they the said several persons parties hereto of the first six trust to sell parts hereby respectively declare, that the said U. X. and his their disereheirs, and all and singular other the trustee or trustees for the time being of the said recited will of the said G. H. deceased shall henceforth stand seised of and interested in the several freehold and copyhold or customary hereditaments hereinafter described or referred to, that is to say [Here set out the freehold and copyhold parcels]: AND ALSO all and singular other the real estate and hereditaments (if any) devised by the said recited will of the said G. H. deceased, upon trust that he or they the said trustee and trustees do and shall, as soon as and whensoever he or they may think fit, and either during the widowhood or at any other time during the life of the said A. B., or subsequent thereto or to any other event, at his and their own absolute discretion, and of his or their own absolute authority, and without the consent or concurrence of any other person or persons, absolutely sell and dispose of the several freehold, and copyhold or customary hereditaments, premises and real estate hereinbefore described, or referred to, and the appurtenances, 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, to any person or persons whomsoever, for the best price or prices that can be reasonably obtained for the same, 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

DIED OF

TION AND

MENT.

And shall

stand possessed of monies aris

sale (after

payment of

the costs of

debts for the

time being affecting the hereditaments).

same.

With power to vary the securities as they may think fit.

:

dispositions, to do, enter into and execute all such acts, conCONFIRMA tracts and assurances, as he or they the said trustee or ARRANGE trustees shall think proper [receipts of trustees to be sufficient discharges] AND IT IS HEREBY AGREED and declared between and by the parties to these presents that the said U. X., his executors, administrators and assigns, or other the trustee or ing from the trustees for the time being of the said recited will of the said G. H. deceased, do and shall stand possessed of and interested sale and the in all and singular the monies to arise from any and every such sale and disposition as aforesaid: UPON TRUST to pay and discharge all and singular the costs and expenses attending such sale and disposition as aforesaid, and then upon trust to pay and discharge all and singular the debts and incumbrances which may then be charged on or may affect the hereditaments To invest the and premises so to be sold and disposed of respectively: And in the next place, to invest the residue of the said monies in his or their name or names in the parliamentary stocks or public funds of Great Britain, or at interest on government or real securities in England or Wales (but not in Ireland): And from time to time, at the discretion of him or them the said trustee or trustees, to alter, vary and transpose the said monies so to be invested as aforesaid, and the stocks, funds and securities in or upon which the same shall for the time being be laid out and invested, for or into any other stocks, funds and And to apply securities of the same or a like nature; and the said U. X. nonies, &c., or other the trustee or trustees as aforesaid, do and shall hold all such residuary monies, stocks, funds and securities, and the come accord- annual income thereof, upon and for such trusts, intents and purposes as are by the said recited will of the said G. II. cerning such deceased declared and contained of and concerning the monies to arise from the sale of the said testator's real estates as Application therein mentioned: AND IT IS HEREBY DECLARED, that in the event of the said real estates, or any of them, being sold at any a sale before time previous to the time appointed by the said recited will of the said G. H., deceased for the sale thereof, the interest, by the will. dividends and annual income of the monies arising from such sale or disposition as aforesaid, shall go and be applied in such manner as the rents, issues and profits of the said hereditaments so to be sold are directed by the said will to go and be

the trust

and the

annual in

ing to the

trusts de

clared con

monies in the said will.

of annual income in

the event of

the time appointed

applied between the actual period of sale and the time appointed for the sale thereof as aforesaid: AND IT IS HEREBY FURTHER AGREED AND DECLARED, that (subject and except so far as the provisions of these presents, or any of them, are expressly inconsistent with the provisions of the said recited will in this behalf), all and singular the real estate of the said testator, and the rents, issues and profits thereof, shall be held upon and for such trusts, intents and purposes as are in the said recited will expressed and declared of and concerning the same. IN WITNESS, &c.

DEED OF CONFIRMA

TION AND

ARRANGE-
MENT.

No. CLI.

GRANT of a LICENSE to use a PATENTED INVENTION.

THIS INDENTURE, made the day of

LICENSE

TO USE A

BETWEEN

PATENT.

A. B., of &c. [patentee], of the one part, and C. D., of &c. Parties.

day of

in the "

of letters

[licensee], of the other part: WHEREAS by letters patent Recite grant under the great seal of the United Kingdom of Great Britain patent. and Ireland, bearing date the year of the reign of her Majesty Queen Victoria, and duly filed in her Majesty's Court of Chancery, her said Majesty granted unto the said A. B. the exclusive privilege of using, exercising and vending a certain invention for the manufacture of [here describe the invention]: AND WHEAEAS, in pursu- Enrolment ance of a condition in the said letters patent contained, the tion. said A. B. did, within the space of six calendar months after the date of the same letters patent, cause to be enrolled in her Majesty's Court of Chancery in England a particular description of the nature of the said invention by an instrument in writing under his hand and seal: AND WHEREAS the said A. B. Agreement hath agreed with the said C. D. to grant to him a license for license. the use of the said invention, for the considerations and upon

of specifica

for grant of

« EelmineJätka »