ASSIGNMENTS. attend (purchaser). assigned, transferred and set over, and by these presents] DoтH bargain, sell, assign, transfer and set over; AND the said (ven- Several terms to dor) for the considerations mentioned in the said hereinafter in part recited indenture of release HATH granted, bargained, sold, assigned, ratified and confirmed, and by these presents DoтH grant, bargain, sell, assign, ratify and confirm unto the said (first trustee), his executors, administrators and assigns, ALL those the said several messuages, lands, tenements and hereditaments, and all and singular other the premises comprised in and expressed to be demised by the first hereinbefore in part recited indenture of the , the premises comprised in the t term. day of and afterwards assigned unto and vested in the said (first termor) by the hereinbefore in part recited indenture of assignment of the day of as hereinbefore is mentioned (1); and all the estate, right, title, interest, term or number of years now to come and unexpired, trust, property, possession, claim and demand whatsoever, both at law and in equity, or otherwise howsoever, of him the said (first termor), of, in, to or respecting the same messuages, lands, tenements, hereditaments and premises, and every or any part thereof; together with the said several hereinbefore in part recited indentures of demise and assignment, and all benefit and advantage incident or belonging to the same, or either of them, or to the covenants and assignments therein respectively contained. To HAVE To hold to the AND TO HOLD (2) the said messuages, lands, tenements, hereditaments and [all and singular other the] premises [hereby assigned, or the term, otherwise assured, or mentioned or intended so to be, and every part and parcel thereof, with their respective appurtenances], unto the said (first trustee), his executors, administrators and assigns, from henceforth, for and during all the residue or remainder (3) which is first trustee for the residue of (1) If part only of the premises comprised in the term be sold to the Part of premises present purchaser, see ante, p. 546. n. (2). sold. (2) If the assignment be wished to be as concise as possible, all the Brevity. terms may assign to the trustee To HOLD the said premises for the residue of the said term, except one day, and for the whole of the residue of the second term. (3) It has been before observed that the merger of the terms may be Assignmen♦ to prevented by leaving a small portion of each term in the original one trustee. termor, in which case, say, "For and during all the residue and remainder which is or may be yet to come and unexpired of or in the said term of years, in and by the said herein before in part recited indenture of the or may be yet to come and unexpired of or in the said term of day of described, or mentioned or intended so to be, with their and every of their appurtenances; and all the estate, right, title, interest, term or number of years now to come and unexpired, trust, property, pos session, claim and demand whatsoever, both at law and in equity, of him the said (second termor), of, in, to or respecting the same messuages, lands, tenements, hereditaments and premises, and every or any part thereof; together also with the said several hereinbefore in part recited indentures of demise and assignment, and all benefit and advantage incident or belonging to the same, or any part thereof. TO HAVE AND TO HOLD the said messuages, lands, tenements, hereditaments and [all and singular other the] premises [hereby assigned, or mentioned or intended so to be, and every part and parcel thereof, with their respective appurtenances], unto the said (second trustee), his executors, administrators and assigns, for and during all the residue and remainder which is or may be yet to come and unexpired of and in the said term of years [in and by the said hereinbefore in part recited indenture of the day of (1) If part only of the premises comprised in the term be sold, see ante, p. 546. n. (2). years are ASSIGNMENTS. Several terms to upon trusts after declared. Declaration that the several trus tees shall stand expressed to be demised as aforesaid], BUT UPON THE TRUSTS nevertheless, and for the ends, intents and purposes hereinafter declared or expressed concerning the same (1). AND WHEREAS the messuages, lands, tenements and hereditaments comprised in the said hereinbefore in part recited terms of years and the same messuages, lands, tenements and hereditaments as are comprised in the hereinbefore in part recited indenture of release of even date herewith. NOW IT IS HEREBY DECLARED and agreed by and between the said parties hereto, and the true intent and meaning of them and of these presents is, that the said (trustees) respectively, possessed of the premises. and their respective executors, administrators and assigns, shall stand possessed of and interested in the several messuages, lands, tenements and hereditaments so assigned to them respectively, as hereinbefore is mentioned, for the residue of the several terms of years which is or may be yet to come and unexpired in the said premises, UPON TRUST (2) nevertheless for the said (purchaser), his heirs and assigns, and to be respectively assigned and disposed of, from time to time, as he or they shall direct or appoint concerning the same, or any part thereof; and in the mean time, and until such assignment, disposition, direction or appointment which shall be made, and when made, then subject thereto, IN TRUST, and to the intent that the residue, for the time being, of the said several terms And to attend and estates hereby expressed or intended so to be assigned, shall and and inheritance. In trust for the purchaser. (1) If there be more than two terms assigned by the same instrument, Three or more the third term must be assigned to the first trustee, and the fourth term terms assigned. to the second trustee, and so on until the whole number of terms outstanding shall have been assigned; in order that, as has been before observed, there may be a term intervening between the estate of each trustee, and the terms by that means prevented from merging: the form of these assignments will be precisely similar to that above given. (2) If the terms be assigned to attend the inheritance of a mort- Inheritance of gagee, say, mortgagee. and interest, "UPON TRUST nevertheless for the said (mortgagee), his heirs, executors, administrators and assigns, for the better securing to him or them the repayment of the said sum of £ according to the purport, and the true intent and meaning of the said in part recited indenture of mortgage of even date herewith, and from time to time to be used and disposed of for that purpose as occasion may require; and from and after the payment and satisfaction thereof, and in the mean time subject thereto, IN TRUST for the said (mortgagor), his heirs and assigns, and to be respectively assigned, &c." as above. ASSIGNMENTS. Several terms to attend may attend and wait upon the reversion and inheritance of the lands (1), tenements, hereditaments and premises therein comprised, (purchaser). for the sole use and benefit of the said (purchaser), his heirs and assigns, in order to protect and defend the said messuages, lands, tenements and hereditaments from and against all subsequent and intermediate encumbrances, if any such there be, [and in trust that they the said (trustees) respectively, and their respective executors, administrators and assigns, shall and do permit, and cause the said several terms and estates to be respectively used and disposed of accordingly]. [Add a separate covenant on the part of each termor, that he has not encumbered (2)]. IN WITNESS, &c. Covenants to be inserted. Part of premises sold. (1) If part only of the premises comprised in the terms be sold to the present purchaser, see ante, p. 547. n. (1). (2) The form of each of these covenants will be similar to that given ante, p. 548. No. CLIV. An Assignment of an outstanding satisfied Mortgage Term, by the Termor, to a Trustee for several Purchasers of different parts of the Estate. ASSIGNMENTS. Term to attend chasers). day of by auction. the first part, (the vendor) of, &c. of the second part, A. B. (one of to purchasers of assignment of *If brevity be particularly desired, the parts of the precedent within Brevity. brackets may be omitted. (1) Recite here the deed creating the term, and its assignment to the Recitals. present termor, as ante, p. 542. SUP.-VOL. I. PP |