DEEDS BY MORT GAGEE. by mortgagor covenants. at the request of the said E. F. consented to join in these pre- FOR prosents in manner thereinafter mentioned), certain hereditaments DUCTION OF situate in the parish of in the county of and in the said indenture now in recital particularly described, (being a portion of the hereditaments comprised in the hereinbefore recited indenture of mortgage), have been granted by the said E. F., and have been released by the said A. B. at the request of the said E. F., unto and to the use of the said C. D., his heirs and assigns for ever, absolutely freed and discharged from the said principal sum of £1000 and the interest thereof, and all claims and demands in respect thereof respectively: AND Agreement WHEREAS, notwithstanding the deeds, evidences and writings to enter into contained in the schedule hereto relate to the said hereditaments which still remain subject to the security of the said recited indenture of mortgage, as well as to the hereditaments comprised in the said recited indenture bearing even date herewith, he the said A. B. at the particular request of the said E. F., and for the satisfaction of the said C. D., hath agreed to enter into such covenants in respect of the same deeds, evidences and writings as are hereinafter mentioned. NOW THIS INDENTURE WITNESSETH, that in pursuance of the aforesaid agreement and in consideration of the premises, he the said A. B., as to the deeds, evidences and writings in the Covenants by schedule hereunder written mentioned and set forth, and produce so far as relates to the acts of himself, his heirs, executors chaser. and administrators, in regard to the same deeds, evidences and writings, while the same shall be in his or their custody or power as such mortgagee or mortgagees as aforesaid, and also for the purpose of binding his or their assigns, so far as it is competent for him so to do, without creating any personal liability on his part for the acts of such assigns, but not further or otherwise, doth hereby for himself, his heirs, executors and administrators [Covenant, for production of the title deeds, supra, p. 379]. IN WITNESS, &c. THE SCHEDULE REFERRED TO IN THE ABOVE-WRITTEN INDENTURE. mortgagee to deeds to pur APPOINTMENTS OF NEW TRUSTEES. UNDER A POWER IN A SETTLE MENT. Parties. No. LXXIV. APPOINTMENT of a NEW TRUSTEE in the place of one desiring to be discharged pursuant to a power in a MARRIAGE SETTLEMENT. DECLARATION by CONTINUING and NEW TRUSTEES as to STOCK to be transferred into their JOINT NAMES. CONVEYANCE of FREEHOLDS to use of CONTINUING and NEW TRUSTEES, and ASSIGNMENT of LEASEHOLDS to a TRUSTEE in trust to Reassign to CONTINUING and NEW TRUSTEES (a). THIS INDENTURE, made the day of BETWEEN A. B., of &c., and C. D. his wife [appointors], of the one part, E. F., of &c., and G. H., of &c. [present trustees], of (a) Such of the trust property as is freehold vests in the old and new trustees jointly at once, by a conveyance thereof to a releasee to their use; but in the case of leaseholds for years it is necessary first to assign them to a trustee, and, by another deed, for such trustee to assign them to the old and new trustees, in order that they may vest in the old and new trustees as joint tenants. Where the property consists of money, &c., the deed should contain a recital of such changes as may have taken place in the investments since the date of the settlement, and the assignment should be made with a due regard to what the property may then actually consist of. POWER IN MENT. settlement to trustees. of freeholds and purchase of other hereditaments. the second part, L. M., of &c. [new trustee], of the third part, UNDER A and O. P., of &c. [trustee to reassign], of the fourth part, [recite settlement whereby £2000, £3 per cent. Reduced Annuities, and certain freehold and leasehold estates therein Recite settlementioned, were conveyed and assigned unto the said E. F. and ment. G. H. and their representatives], to such uses, upon and for such trusts, intents and purposes, and with, under, and subject to such powers, provisoes, agreements and declarations as are therein declared, expressed and contained of and concerning the same and the said indenture now in recital contains a Power in power, &c. [here recite fully the power of appointiny new trustees, appoint new and any other clauses which may follow relating to their authorities and the vesting of the property in them, &c.]: AND Sale of part WHEREAS under and by virtue of a power of sale and exchange under power, reserved by the said recited indenture of settlement, certain portions of the freehold hereditaments thereby assured have been sold, and the monies which have arisen from such sale have been laid out in the purchase of the hereditaments comprised in and conveyed by the indenture next hereinafter recited: AND WHEREAS by an indenture dated the --- day of Conveyance -, and made, or expressed to be made, between [parties], hereditacertain messuages, tenements, lands and hereditaments, situate of settlement. and therein particularly mentioned, were conveyed by unto the said E. F. and G. H., and their heirs, to the uses, and upon and for the trusts, intents and purposes, and with, under and subject to the powers, provisoes and agreements as were, in and by the said hereinbefore recited indenture of settlement, expressed and declared concerning the freehold hereditaments therein comprised, or as near thereto as circumstances would then admit: AND WHEREAS the said sum of £2000, £3 per That annuicent. Reduced Annuities is now standing in the names of the said E. F. and G. H.: AND WHEREAS the said E. F. is desirous of being discharged from the trusts reposed and vested in him of trustees by the said recited indenture of settlement, and the said A. B. charged. and C. D., in pursuance of the said power in this behalf given to and vested in them by the same indenture, have determined to appoint the said L. M. a trustee of the same indenture in the place or stead of the said E. F., for all the purposes and with all the powers and authorities for and with which the said of purchased ments to uses ties are standing in old trustees. Desire of one to be dis A SEITLE MENT. Agreement to vest pro perty in new and remain ing trustees. UNDER A E. F. was thereby appointed trustee thereof: AND WHEREAS POWER IN it hath been agreed that the said freehold and leasehold hereditaments and premises respectively conveyed and assigned by the said recited indenture of settlement as aforesaid shall be conveyed and assigned by the said E. F. and G. H. unto the said G. H. and L. M., to the uses and upon and for the trusts, intents and purposes hereinafter expressed and declared or referred to of and concerning the same, and that the said sum of £2000, £3 per cent. Reduced Annuities shall be transferred into the names of the said G. H. and L. M., their executors, administrators and assigns, upon and for the trusts, intents and purposes hereinafter expressed and declared or referred to Appointment of and concerning the same: NOW THIS INDENTURE of new trus tee under power. WITNESSETH, that in pursuance of and for effectuating the said recited determination, they the said A. B. and C. D., pursuant to and by force and virtue and in exercise and execution of the powers and authorities given to or vested in them by the said hereinbefore recited indenture of settlement, and of every other power and authority in anywise enabling them in this behalf, have nominated and appointed, and by this writing under their hands and seals do nominate and appoint the said L. M. to be a trustee in the place and stead of the said E. F., for the purposes of the said recited indenture of settlement, or such of the same purposes as are now subsisting or capable of taking effect: AND THIS INDENTURE FURTHER WITNESSETH, that for further effectuating the said recited Declaration determination, it is hereby directed, declared and agreed by and between the said parties to these presents that the said sum of hold annui- £2000, £3 per cent. Reduced Annuities and dividends so transferred or authorized to be transferred as aforesaid, shall be held by them the said G. H. and L. M., and the survivor of them, and their or his executors, administrators or assigns (as the case may be), upon such of the trusts and for such of the ends, intents and purposes, and with, under and subject to such of the powers, provisoes, agreements and declarations in and by the said hereinbefore recited indenture of settlement expressed, declared and contained of and concerning the same as are now subsisting, undetermined and capable of taking Conveyance effect or being performed: AND THIS INDENTURE that old and new trustees shall ties upon trusts of settlement. of freeholds UNDER A POWER IN A SITTLE MENT. subject to uses of settle releasee to FURTHER WITNESSETH, that for further effectuating the aforesaid recited determination, and in consideration of the premises, they the said E. F. and G. H. (at the request and by the direction of the said A. B. and C. D., testified by their respectively being parties to and executing these subsisting presents) do and each of them doth by these presents grant and ment. convey unto the said L. M. and his heirs, ALL such and so many and such part and parts of the freehold messuages or tenements, lands, hereditaments and premises, by the said hereinbefore recited indenture of settlement conveyed, or expressed and intended so to be, as remain unsold, and their and every of their appurtenances: AND ALSO all and singular the messuages, farms, lands, tenements and hereditaments comprised in and assured by the said recited indenture of the day of : AND ALL THE ESTATE, right, title, interest, possibility, property, claim and demand whatsoever, both at law and in equity, of them the said E. F. and G. H., and each of them, of, in, to or out of the said premises, or any of them: TO HAVE AND TO HOLD the said messuages or tenements, lands, To hold to hereditaments, and all and singular other the premises hereby use of old granted and conveyed or otherwise assured, or expressed and trustees, intended so to be, unto the said L. M. and his heirs, To THE USE of the said G. H. and L. M., their heirs and assigns: To SUCH OF THE USES, and upon and for such of the trusts, intents and purposes, and with, under and subject to such of the powers, provisoes, agreements and declarations in and by the said hereinbefore recited indenture of settlement expressed, declared and contained of and concerning the same, as are now subsisting, undetermined, and capable of taking effect, or being performed: AND THIS INDENTURE LASTLY WITNESSETH, that Assignment for further effectuating the said recited determination, and in consideration of the premises, they the said E. F. and G. H., at the request and by the direction of the said A. B. and C. D. (so testified as aforesaid) do and each of them doth by these presents assign unto the said O. P., his executors, administrators and assigns, ALL AND SINGULAR the leasehold messuages or tenements, lands, hereditaments and premises, in and by the said hereinbefore recited indenture of settlement comprised and assigned, or expressed and intended so to be, with their and new upon trusts of settlement. of leaseholds, |