ment in

Assign- in or out of the same preses and any of them resply the wearing apparel of themselves and families excepted Trust for To Have hold rece and take the sd messe or tent wareCreditors. houses vessels merchandize stock in trade chattels debts, &c. and all and singr or. the preses hby assd or intended so to be upon the trusts and to and for the ends intents and purps hnaftr mentd that is to say That they the sd (T) and the survors or survor of them or the exs ads or ass of such survor shall and do with all convenient speed sell and dispose of the sd messe warehouses and preses vessels merchandize stock in trade chattels and all and singr such pts of the jt and separate este property and effects of the sd A and B as are saleable for such price or prices as can be reasonably gotten for the same And shall and do by all such lful ways and means as in their discretion they shall think proper get in and rece the sevl debts or sums of money and all or. the preses hby assd or intended so to be And upon this furr trust that they shall stand possessed of or interested in all the mos to arise from or by the sale of the sd messe warehouses and all or. the preses hby assd and hnbefe directed to be sold and also of and in all and singr the mos which shall be recd for or in respect of the prfts thof until the sale thof and which shall be collected got in and arise from the sd jt and separate este of the said A and B upon the trusts and to and for the intents and purps hnafter expssed of and concerning the same that is to say Upon Trust in the first place to retain and reimburse themselves all costs chas and exps of preparing and making such sales resply and attending the recovery and getting in the sd rents debts and or. trust mos togr with commission and allowances usual among merchants (or, among merchants trading to and from, &c.' as the case may be) And also to pay all salaries and allowances to be made to clerks agents and subordinates And in the next place each of the that they do and shall by and out of the sd trust mos pay and allow to the sd A for the term of two yrs to be computed from the day of next ensuing if he shd so long live for the support of himself and his family a yrly sum not exceeding - And in like manner do and shall allow to the sd B a yrly sum not exceeding £And in the last place do and shall pay and apply the sd charge joint trust mos in and towards satisfaction and discharge of the sevl debts due and owing to the sevl jt and separate crs of the sd A and B or either of them pties hereto of the second and third pts their respive exs, &c. or so much of the same debts or sums of money as the sd trust mos shall extend to pay (nevss the same to be in full

To allow

debtors an annual sum

for

years.

To dis

and separate debts.

Assign

accounts to be kept of the joint and sepa

rate estate.

satisfaction of their sevl debts or sums of money) And in case there shall remain or be any surplus of the jt ment in and separate este of the sd A and B after all such paymts Trust for and distributions as afd Then upon Trust to pay and Creditors. divide the same to and betn the sd A and B their exs Surplus to ads and ass resply in proportion and according to their debtors. respive rights and ints therein and thereto Provided Distinct Always and these prests are upon this express condition that distinct and separate accts shall be kept of the jt and separate estes and effects of the sd A and B as well real as psnl and that what shall be found to belong to their sd separate este or estes shall be applied in the first place in and towards satisfaction of the debts of their respive separate crs rateably and in proportion to the sums set to their respive names in the schedule here under-written or hereunto annexed And in case there shall be any surplus of their jt este after all their sd jt crs shall be pd and satisfied the amount of their whole demands then that the share and shares int and ints in such overplus of them the sd A and B whose estes shall have been is or are to be applied as afd shall be carried to the acct of his or their separate este or estes and be applied in or towards satisfaction of his or their separate debts And if there shall be any surplus of the separate este or estes after all their separate crs shall have been pd and satisfied their whole demands then that the overplus of such separate este or estes shall be carried to the acct of their jt este and be applied in or toward satisfaction of the sd jt debts (a)

(a) Instead of assigning the joint and separate estates under one witnessing part, it may, sometimes, be most convenient to assign, first, the joint estate, and afterwards the separate estate of each debtor, by distinct witnessing parts: in that case, say, Now this Indre Witnesseth That, &c. in pursuance, &c. and in conson, &c. They the sd A and B have, &c. bargained, &c. unto the sd (T), &c. All that, &c. And all and singr the vessels, &c. And all or. the jt property este and effects of them the sd A and B To Have, &c. unto the sd (T) and their, &c. the sd messe, &c. Upon the trusts, &c. That they the sd (7), &c. shall and do sell, &c. the sd messe, &c. and all such or. pts of the jt este, &c. as are saleable, &c. And shall and do by such lful means, &c. get in, &c. And upon this furr trust that they shall stand possessed of, &c. Upon the trusts, &c. In the first place to retain, &c. costs, &c. And in the next place to pay salaries, &c. And in the next place to allow annuities to A and B And lastly do and shall pay and apply the sd trust mos in and towards satisfaction, &c. of the sevl debts due to the jt crs of the sd A and B pties hereto of the second and third pts And in case there shall remain and be any surplus of the jt este of the sd A and B Then in trust to stand possessed of, &c. one moiety of such surplus in aid and augmentation of the separate este of the sd A And in the or. moiety of the same surplus in aid of the separate este of the sd B And this Indre furr Witnesseth (assignment of A's separate property) And it is

Assignment

of A's private estate.

Assignment in

And it is hby decld and agrd by and betn the pties hereto that the rects of the sd (T) and the survors, Trust for &c. shall be valid discharges to the psn to whom the Creditors. same shall be given And that it shall and may be lful to and for the sd (T) to sell and dispose of the sd jt and separate este and effects of the sd A and B hby assd or intended so to be at such times and in such manner as they shall think fit and from time to time to make or cause to be made insurances of the sd trust este hby assd as he or they shall think proper and expedient and to deduct the premium or premiums of Indemnity such insurance and insurances And furr that they the to trustees. sd (T) and the survors, &c. shall not be chargeable or accountable for any more mos goods wares or effects than what he or they shall actually rece by virtue of these prests nor liable to make good losses that shall happen in the management sale or disposal of the sd trust este and preses hby assd witht the wilful neglect or deft of them the sd (T) and the survors, &c. And the better to enable the sd (T) and the survors, &c. to recover and rece all and singr the afd jt and separate este and effects now due or belonging to the sd A and B or either of them They the sd A and B with the consent of the sd sevl crs pties hereto of the third pt Have and each of them Hath made constituted, &c. and by, &c. Do and each of them Doth make, &c. the sd (T) and the, &c. their true and Iful atty and atties

Power of attorney.

hby decld and agrd that the sd (7) and the survors, &c. shall stand possessed of and interested in the mos to arise by the sale of the sd separate este and effects of the sd A hby assd or intended so to be and of the mos to be recd for or on acct of the rents and profits thof in the mean time until such sale or sales and also of all mos to be recd and produced by and from all the preses lastly hby assd or mentd or intended so to be after paying all costs chas, &c. upon the trusts following that is to say In Trust by and out of such mos from time to time to pay and satisfy the sevl sums of money requisite for continuing or keeping on foot the sevl policies of insurance hnbefe expssd to be hby assd And in the next place to pay and satisfy the separate debts of the sd A due and owing to the sevl separate crs of the sd A of the third pt or so much of the same, &c. And in case there shall be any surplus of the sd trust mos produced by or arising from the separate este of the sd A after such payments and distribution as afd Then in trust to stand possessed of and interested in such surplus mos upon such trusts as are hnbefe decld for the bent of the jt crs of the sd A and B of and concerning their jt stock capital and property And lastly in trust to pay the ultimate surplus (if any) arising or to be produced by or from the separate este of the sd A after full paymt and satisfaction of the sevl debts due and owing to the separate and jt Assignment crs pties hereto of the second and third pts unto the sd A his exs of B's pri- and ads And this Indre furr witnesseth (assignment of B's sepavate prorate property) And it is hby decld, &c. (the same trusts as before) And it is hhy furr decld and agrd,' &c. see above.

perty.

Assign

ment in Trust for Creditors.

irrevocable in their or either of their names places or stead but to and for the uses and purps afd to demand sue for recover and rece of and from the sd sevl psns in the sd schedules mentd who are indebted to the joint and separate estes of the sd A and B or either of them on any acct whatsr All and evy the goods wares and merchandize debts or sums and or. the preses hby assd And upon receipt of the same to give acquittances reles and such or. discharges as shall be necessary and on nonpayment thof to prosecute all and evy such actions remedies and means as to them shall seem meet and also to settle and adjust or make composition or agrt of or for the same or any pt thof by arbitration or orwise howsr And also to adjust and settle all and evy or. acct or accts with any psn or psns in relation to the preses and generally to do perform and exte all acts matters and things necessy and fit to be done in and about the preses as fully and effectually to all intents and purps as they the sd A and B or either of them might have done if personally present and these prests had not been made And one or more atty or atties under them or him the sd (T) or the trustee or trustees for the time being to constitute and appt they the sd (D) and each of them ratifying allowing and confirming all and whatsr they the sd (T) or the survors, &c. shall or may lfully do in and about the same And the Covenants sd A and B for themselves sevlly and resply and for from their sevl and respive hrs exs and ads do hby covt, &c. with and to the sd (T) and (C) pties hereto of the second and third pts in manner following that is to say That for Lease valid. and notwithstanding any act matter or thing done committed or suffered by them the sd A and B or either of them the sd hnbefe recited lease is a good and valid lease and that the sd debts mentd in the sd schedules hereunder-written or orwise expressed to be due and owing to the sd A and B by or from the sevl psns

debtors.

therein named are now well and truly due and owing Debts suband subsisting And that they the sd A and B or either sisting. of them or any or. psn or psns for their use or by their order have or hath not at any time or times heretofore assd incumbered recd reld or discharged all or any pt of the hby assd goods wares merchandizes debts or effects And that they or either of them shall or will not witht the consent of the sd (T) or the survors, &c. assign incumber rece rele or discharge the same or any pt thof And also that they shall and will not revoke the Not to reauthty hby given nor disown rele or discontinue any action or suit to be brought or commenced pursuant thereto nor do or suffer any act whby or by reason

voke the

power of

attorney.

Assignment in

To assist trustees.

Further

assurance.

To assign debts omit

ted in schedules.

whof the sd (7') or the survors, &c. shall or may be hindered or prevented in or from recovering or receiving Trust for all or any of the goods wares merchandizes debts or Creditors. sums of money or or. the preses hby assd or any pt thof And furr that they the sd A and B and each of them their and each of their hrs exs and ads shall and will upon evy reasone request of the sd (T) or the trustee or trustees for the time being attend him or them at such time or times place or places as they shall require and then and there aid and assist in stating and making out all such accts as relate to or concern the sd trust este and preses hby assd And also shall and will from time to time and at all times at the request costs and charges of the sd crs pties hereto or the major pt of of them make do and perform and exte any furr or or. reasone act matter or thing whatsr for the ratifying and confirming these prests and for the better more perfectly and satisfactorily assuring and assigning the preses hnbefe assd or intended so to be unto the sd (7) or the survors, &c. or for the more perfectly enabling them the sd (T) or the survors, &c. to recover get in and rece the same and evy or any pt thof to and for the uses and purps afd And that in case any debt or debts or sum or sums of money now due and owing unto them the sd A and B or either of them is or are omitted to be mentd in the sd schedules hereunder written they the sd A and B or either of them shall and will hraftr on request made to him or them transfer and assign all and evy such debt or debts sum or sums of money unto the sd (T) or the survors, &c. or the trustee or trustees for the time being And it is hby decld and agrd, &c. (appointment of new trustees, see Trust Deed) And the sd (T) for themselves sevlly and resply and for their sevl and respive exs and ads and not the one for the or. of them or for the exs ads acts deeds and defts of the ors of them do hby covt and declare to and with the sd (C) pties hereto of the third pt that they do accept the trusts hby in them reposed and shall and will honestly and truly exte the same to the best of their power and shall and will at the request of the sd (C) pties hereto or the major pt of them acct with them touching the trust este and shall and will make a faithful distribution of all and evy such sum and sums of money as they shall rece by virtue of these prests after such deductions as are hnbefe mentd unto and amongst the sevl jt and separate crs of the sd A and B according to their respive rights and ints and the true intent and meaning of these prests such cr or crs first making affidavit or affirmation of his or their respive debts

Covenant

from trustees.