part thereof, in trust for him the said E. F., his executors,
administrators, and assigns; and also that he the said
A. B., his heirs, executors, or administrators, shall not nor
will at any time hereafter, without the consent in writing
of the said E. F., assign or otherwise vacate the said mort-
gage, nor release the monies thereby secured, until the said
E. F. shall be fully paid and satisfied the said sum of £
and interest, in the manner in the said in part recited inden-
ture expressed, nor do nor cause to be done, nor knowingly
suffer any deed, matter, or thing whatsoever, whereby or
by reason or means whereof the said premises, or any part
thereof, shall or may be impeached, charged, incumbered,
or prejudicially affected in any manner howsoever; and fur-
ther, that he the said A. B., his heirs, executors, and admi-
nistrators, shall and will, at any time hereafter, at the reason-
able request, and at the costs and charges in the law of the
said E. F., convey and assure all and singular the said mes-
suages, lands, tenements, and hereditaments and premises,
with their and every of their appurtenances, unto and for
the use of the said E. F., his executors, administrators, or
assigns, or unto such other person or persons as he or they
shall, in writing under his or their hand and seal, or respec-
tive hands and seals, direct in that behalf, in such manner
and form as he the said E. F., his executors, administrators,
or assigns, or his or their counsel in the law, shall advise and
require; And free and clear &c. (Vide Art. I.)

III. It is hereby declared (a) and agreed by and between Declaration of trust of pur

(a) The following recitals will best explain the object of this declaration of trust:

"Whereas, by indentures of lease and release, the lease bearing date the day next before the release, and the release bearing or intended to bear even date with these presents, and made or expressed to be made between the said A. B. [vendor] of the one part, and the said C. D. [purchaser] of the other part, certain lands and hereditaments therein particularly described were conveyed and assured unto and to the use of the said C. D. and his heirs, by the said A. B., in

chase-money

invested in the funds, to in

demnify purchaser against incumbrances.

the several parties to these presents, that they the said L. M. &c. [trustees], and the survivors and survivor of them, and the executors and administrators of such survivor, and their and his assigns, shall stand possessed of and interested in the said sum of £3 per cent. Consolidated Bank Annuities, upon the several trusts, and to and for the intents and purposes, and under and subject to the provisoes, declarations, and agreements hereinafter declared and expressed concernTo permit ven- ing the same; that is to say, Upon trust to permit and authorise the said A. B., his executors, administrators, and

dor to receive

the dividends so long as he shall indemnify purchaser.

therein expressed to have

consideration of the sum of £
been agreed to be paid by the said C. D. to the said A. B.,
for the absolute purchase of the said hereditaments, free
from incumbrances. And whereas, under or by virtue of the
last will and testament in writing of E. F. [testator], late of
&c., deceased, bearing date &c., the said hereditaments, to-
gether with others, are chargeable with the payment of an
annuity or clear yearly sum of £ during the natural life
of G. H. [annuitant], of &c., and also with the payment of a
legacy or sum of £—— unto I. K. [legatee], of &c., upon
his attaining the age of twenty-one years. And whereas,
upon the contract for the purchase of the said hereditaments,
it was agreed that the sum of £, part of the said
purchase-money or sum of £, should be invested in
the purchase of £3 per cent. Consolidated Bank An-
nuities, in the joint names of three or more persons, to be
named and approved of by the said A. B. and C. D., upon
trust to indemnify the said C. D. and the said hereditaments
from the payment of the said annuity and legacy so respec-
tively charged thereon as aforesaid, and that a proper deed
of declaration of trust thereof should for that purpose be
executed by the several parties hereto. And whereas the
sum of £ hath accordingly been this day invested by the
said C. D., with the consent and approbation of the said
A. B., testified as hereinafter is mentioned, in the pur-
chase of £3 per cent. Consolidated Bank Annuities, in
the joint names of the said L. M. &c., as trustees named
and approved of by the said A. B. and C. D. respectively."

assigns, to receive and take the dividends, interests, and annual proceeds of the said trust monies, to and for his and their own use and benefit, so long as he or they, or any or either of them, do and shall well and truly pay or cause to be paid the said annuity or yearly sum of £ unto the said G. H., during the term of his natural life, and also the said legacy or sum of £ unto the said I. K. upon his attaining his said age of twenty-one years, according to the true intent and meaning of the said in part recited will; or do and shall from time to time and at all times hereafter save, protect, defend, keep harmless, and indemnify the said C. D., his heirs and assigns, and also the several hereditaments so sold and conveyed unto the said C. D. as aforesaid, and all and every the appurtenances thereunto belonging, of, from, and against the same, and also of, from, and against all and all manner of actions, suits, executions, and other proceedings whatsoever at law or in equity, upon, under, or by virtue or on account of the said annuity and legacy, or either of them as aforesaid, and of, from, and against all costs, damages, and expenses whatsoever, which shall or may at any time be sustained or occasioned by reason or on account thereof, or otherwise in relation thereto; And upon In default further trust, that in case the said A. B., his executors or thereof, trustees to keep down administrators, shall at any time fail or neglect to pay or incumbrances. cause to be paid the said annuity or yearly sum of £and the said legacy or sum of £, or either of them, or any part of the same respectively, then and in such case they the said L. M. &c., and the survivors and survivor of them, and the executors and administrators of the survivor, and their or his assigns, do and shall, by and out of the dividends, interest, and annual and other proceeds of the said sum of £3 per cent. Consolidated Bank Annuities, and in case the same shall not be sufficient for the purpose, then by sale, transfer, or other disposition of the said sum, or a competent part thereof, to raise and obtain all and every such sum and sums of money as shall be then due, owing, or recoverable upon, under, or by virtue of the said annuity or yearly sum of £, and the said legacy or sum of £ or either of them, and all such costs, damages, and expenses as he the said C. D., his executors, administrators, or as

£

to vendor.

signs, shall or may have sustained, or be liable to pay, in consequence of any such default or neglect as aforesaid, and do and shall pay, apply, and dispose of the monies arising by any of the means aforesaid, in payment and satisfaction thereof accordingly; and from and after full payment and satisfaction of all such sum and sums of money, and costs, And pay surplus charges, damages, and expenses as aforesaid, Then upon trust that they the said L. M. &c., and the survivors and survivor of them, and the executors and administrators of the survivor, and their or his assigns, do and shall pay the residue of the said dividends, interest, and proceeds of the said sum of £, or of such part thereof as shall remain after satisfying the trusts aforesaid, unto the said A. B., his executors, administrators, and assigns, from time to time, as and when the same shall be received, to and for his and their own use Upon decease of and benefit; And from and after the decease of the said G. H., and payment of all arrears of the said annuity or gacy, principal yearly sum of £, and also payment of the said legacy or sum of £, then upon trust, that they the said L. M. &c., and the survivors and survivor of them, and the executors and administrators of the survivor, and their and his assigns, or other the trustee or trustees for the time being, do and shall, at the request, costs, and charges of the said A. B., his executors, administrators, or assigns, transfer, assign, and make over the said sum of £

annuitant and

payment of le

to be transferred to vendor.

Declaration of trusts of stock

purchased with money with

held by a purchaser on the

sale of an estate, by way of indemnity to himself against the

non-execution of the conveyance by a re

mainder-man in

3 per cent. Con

solidated Bank Annuities, or so much thereof as shall remain undisposed of under the trusts aforesaid, together with all interests, dividends, and proceeds then due in respect thereof, unto the said A. B., his executors, administrators, and assigns, to and for his and their own use and benefit.

IV. It is hereby agreed and declared, between and by the parties to these presents, that the said A. B. and C. D., their executors, administrators, and assigns, shall stand and be possessed of and interested in the said sum of £— 3 per cent. Consolidated Bank Annuities, so by the said E. F. purchased in their names, as hereinbefore is mentioned, and of and in the dividends and annual produce thereof, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, declarations, and

chase was a

agreements hereinafter contained of and concerning the fee, who at the same; (that is to say), Upon trust, that they the said time of the purA. B. and C. D., and the survivor of them, his executors, minor. administrators, and assigns, do and shall, in the first place, by and out of the dividends and annual produce of the said sum of £3 per cent. Consolidated Bank Annuities, levy and raise the sum of £ of lawful money of Great Britain, and pay the same to the said G. H., or his assigns, for his life, in satisfaction and discharge of the annual sum of £, bequeathed by the said J. K. to the said G. H., and his assigns, for his life, as hereinbefore is mentioned; And subject thereto, upon trust, that they the said [trustees] do and shall in the meantime, and until the said L. M. the son, his heirs or assigns, shall in pursuance of the covenant for that purpose hereinbefore entered into by the said L. M. the father, convey and assure the messuages &c., by the said E. F. so contracted to be purchased as aforesaid, with the appurtenances, unto and to the use of the said E. F., his heirs and assigns, or, as he or they shall direct or appoint, pay the dividends and annual produce of the said sum of £—— 3 per cent. Consolidated Bank Annuities, to the said L. M. the father, or permit the same to be received by the said 'L. M. the father, and his assigns, for his and their own proper use and benefit; And upon this further trust, that if the said L. M. the son, his heirs or assigns, shall, in pursuance of the covenant for that purpose hereinbefore entered into by the said L. M. the father, convey and assure the messuages &c., by the said E. F. contracted to be purchased as aforesaid, with their appurtenances, unto and to the use of the said E. F., his heirs and assigns, or as he or they shall direct or appoint, then and in that case, if the said L. M. the son shall then be living, the said L. M. the father shall transfer the said sum of £3 per cent. Consolidated Bank Annuities to trustees, to be for that purpose named by the said L. M. the son, or his heirs; In trust to pay the dividends and annual produce thereof to the said L. M. the father, and his assigns, for his life, and after his decease to transfer the principal sum of £- 3 per cent. Consolidated Bank Annuities to the said L. M. the son, his heirs or assigns, or other the person or