Page images
PDF
EPUB

enter into such covenant as is thereinafter contained: IT IS WITNESSED, that in consideration of 10s. of lawful money of Great Britain to each of them the said G. H. and I. K, in hand paid by the said A. B. they the said G. H. and I. K. for themselves severally, their several and respective heirs, executors, and administrators, did covenant, promise, and agree, to and with the said A. B. his heirs and assigns, that he the said G. H., and his assigns should and would, unless prevented by fire or other inevitable accident, from time to time, and at all times during his lifetime, upon every reasonable request and notice in writing in that behalf, to be made and given by and at the costs and charges of the said A. B. his heirs or assigns; AND that the said I. K. his heirs and assigns, from time to time, and at all times after he should come into possession of the same, should and would produce and shew forth or cause and procure to be produced and shewn forth to the said A. B. his heirs and assigns, or to his or their counsel, agent, or attorney, or at any hearing, trial, or examination in any court or courts of law or equity within that part of Great Britain called England, or upon any commission for the examination of witnesses, or upon any other proper occasion, all and every or any of the deeds, evidences, and writings which are mentioned in the schedule thereunder written, when and so often as there shall be occasion to inspect or produce the same for the maintenance, manifestation, making out, defending, or proving the estate, interest, right, title, property, or pos⚫ session of him the said A. B. his heirs, or assigns, or either of them, or any other person, to the hereditaments and premises belonging to the said A. B. and comprised in such deeds; AND should and would give to the said

A. B. his heirs and assigns, or his or their agents or attornies, at the costs and charges of the said A. B. his heirs and assigns, copies and extracts of all or any of the said deeds, evidences, and writings, and permit the same to be examined with the originals: AND WHEREAS the said G. H. and I. K. severally entered into such covevant at the request and for the accommodation of the said A. B. and to enable him to make good the sale of his said estate, the purchaser whereof refused to perform his contract unless the said A. B. could procure such covenant from the said G. H. and I. K. AND WHEREAS the said A. B. C. D. and E. F. did offer and propose to the said G. H. and I. K. to indemnify them from all costs, charges, damages, and expenses to be incurred by reason of their entering into such covenant in case they would consent thereto, and thereupon the said G. H. and I. K. did execute the above-recited indenture: NoW THE CONDITION of the above-written obligation is such, that if the above bounden A. B., C. D. and E. F. or either of them, their, any, or either of their heirs, executors, or administrators do and shall, from time to time, and at all times hereafter, well and sufficiently save, defend, keep harmless, and indemnified the said G. H. his heirs, executors, and administrators, and the said I. K. his heirs, executors, and administrators, and each and every of them, their, each, and every of their lands, tenements, goods, and chattels of and from and against all costs, charges, damages, and expenses to be incurred by the said G. H. his heirs, executors, or administrators, or by the said I. K. his heirs, executors, or administrators, by reason, or means, or on account of the covenant so entered into by them as aforesaid, or by reason, or means, or on account of any action or suit at law or in

equity to be commenced or prosecuted by any person or persons whomsoever, for or on account thereof; THEN the above-written obligation to be void, otherwise to be and remain in full force and virtue.

BOND of Indemnity (accompanying the Assignment in page 81) from a Vendor and another Person to a Purchaser of an absolute reversion of a Moiety of Stock, transferable on the decease of a Lady who had a Life Interest in the whole Stock, against any loss, &c. on account of the refusal of the Bank of England to suffer a transfer, or in any way to notice the Assignment. See further particulars of the occasion of this Bond, being given, ante page 87.

KNOW ALL MEN by these presents, that we A. B. of &c. and G. H. of &c. are held and firmly bound to C. D. of &c. in the penal sum of £ of lawful money of Great Britain, to be paid to the said C. D. his executors, administrators, or assigns, or his or their attorney or attornies lawfully authorized, for which payment to be well and faithfully made, we bind ourselves jointly and severally, and our and each of our heirs, executors, and administrators firmly by these presents, sealed with our seals, dated this in the

day of

* I have used initials here to correspond with the initials in the assigament before alluded to, denoting the same parties.; the bond being given by the vendor and surviving executor to the purchaser.

year of the reign of our sovereign Lord George the Third, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, and in the year of our Lord 18-.

WHEREAS, &C. [the same recitals as in the assignment p. 81] AND WHEREAS [here a recital of the assignment] AND WHEREAS for the greater safety of the said C. D. his executors, administrators, and assigns, and for the better enabling him and them to realize and receive the said moiety of the said stock and dividends upon and from the time of the decease of the said M. B. application has been made at the Bank of England by all the parties beneficially or otherwise interested in the said moiety of the said stock to have the whole of the said £ stock transferred by the above bounden G. H. as the surviving executor of the will of the said A. B. deceased, into the names of the said C. D. and of the said G. H. upon their executing a declaration of trust to stand possessed thereof upon the trusts of the will, except as to one moiety, after the decease of the said M. B. upon trust for the said C. D. his executors, administrators, and assigns, but which application was refused; AND WHEREAS the said A. B. and G. H. have agreed to enter into the present bond or obligation to indemnify the said C. D. his executors, administrators, and assigns in the manner hereinafter mentioned; Now THEREFORE THE CONDITION of the above-written obligation is such, that if the above bounden A, B. and G. H. or either of them, their, or either of their heirs, executors, or administrators do and shall from time to time and at all times hereafter, well and sufficiently save, defend, keep harmless, and indemnified the said C. D. his executors, administrators, and assigns, and his and their goods and

chattels, lands and tenements, of, from, and against all loss, costs, charges, damages, and expenses which he or they shall or may suffer, bear, pay, sustain, expend, or be put unto, for, or by reason or means, or on account of the said moiety of the said sum of £ four per cent. bank annuities not having been transferred to the said C. D. (subject to the life estate therein of the said M. B.) or for, or by reason or means, or on account of the whole of the said sum of £ stock being suffered still to stand and remain in the name of the said testator A. B. deceased, or of his said executors or surviving executor as aforesaid, or for, or by reason or means, or on account of the said moiety of the same stock and dividends being lawfully or equitably claimed by, or the same being trans ferred or paid on the decease of the said M. B. to any person or persons whomsoever other than and except the said C. D. his executors, administrators, or assigns, or such other person or persons as he or they shall direct by writing under his or their hand or hands, or for, or by reason or means, or on account of any delay in such transfer or payment to the said C. D. his executors, administrators, or assigns, or such other person or persons as aforesaid, or any action, suit, or other proceedings at law or in equity, which shall be brought or instituted by him or them against any person or persons who may be liable to transfer and pay the said moiety of the said stock and dividends upon and from the decease of the said M. B. for the compelling such transfer and payment thereof, or for, or by reason or means, or on account of any other matter, cause, or thing whatsoever in anywise relating thereto; THEN the above-written obligation to be void, otherwise to be and remain in full force and virtue.

« PreviousContinue »