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hereditaments and premises, mentioned and comprised in the said recited indenture of, &c., as aforesaid, was not the proper money and estate of the said A. B., but such sum was the proper money and estate of the said C. D.; and also that he, the said A. B., his heirs and assigns, shall and will stand seised' of the said hereditaments mentioned and comprised in the said recited indenture of, &c., and of their and every of their rights, members, and appurtenances, upon trust for the said C. D., his heirs and assigns, and to be conveyed and disposed of from time to time as the said C. D., his heirs or assigns, shall direct and appoint." In witness, &c.

DECLARATION OF TRUST BY MORTGAGEE WHERE THE MORTGAGE WAS MADE TO ONE, BUT THE MONEY ADVANCED BY SEVERAL PERSONS.

This indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., and E. F., of, &c., of the other part. (Recite the mortgage.) And

'If copyhold, say, “and that he, the said, &c., shall and will stand seised (and possessed) of the said copyhold hereditaments and premises, mentioned and comprised in, &c., (according to the nature and quality thereof, and the custom of the said manor,) with their, and every of their appurtenances, upon trust for the said C. D., his, &c., and to be surrendered, conveyed, and assured, as,” &c., (as above.)

If leasehold, say, “and that he, the said, &c., his executors, administrators, and assigns, shall and will stand possessed of the said

and premises mentioned and comprised in, &c., and of their, &c., for and during, &c., upon trust for the said C. D., his executors, administrators, and assigns, and to be assigned and disposed of as he, the said C. D., his executors, administrators, and assigns, shall direct and appoint.”

"A covenant is sometimes added, on the part of the trustee, to convey on request of the owner ; but the above words are sufficient to entitle the party to a decree for a conveyance in a court of equity.

Operative part.

whereas, although by the said recited indenture of
mortgage, the whole of the said sum of L.
therein mentioned to have been advanced and paid
by the said A. B., would appear to have been his
own proper money, yet in fact the sum of L. ,
part thereof, was the proper money of the said C. D.;
and L. , further part thereof, was the proper
money of the said E. F.; and L. , the remain-
ing part thereof, only was the proper money of him,
the said A. B. And whereas the said A. B. hath, at
the request of the said C. D. and E. F., agreed to
execute such declaration of trust as to the said prin-
cipal and interest moneys as is hereinafter contained:
Now, therefore, this indenture witnesseth, that he,
the said A. B., doth hereby acknowledge, testify, and
declare, that the sum of L. part of the said sum
of L. so advanced on the security of the said
hereditaments and premises mentioned and comprised
in the said recited indenture of, &c., was not the
proper money of the said A. B., but the same was
and is the proper moneys and estate of the said C. D.;
and that the sum of L. , further part of the
said sum of L.

, was and is, &c., of the said
E. F.; and that he, the said A. B., his executors,
administrators, and assigns, shall and will stand pos-
sessed of the said mortgaged hereditaments and pre-
mises, with their and every of their rights, members,
and appurtenances, in trust, as well for securing the
payment of the said sum of L. and interest to
the said C. D., his executors, administrators, and
assigns, and of the said sum of L. to the said
E. F., his executors, administrators, and assigns; as
also for securing the said sum of L. and interest to
him, the said A. B., his executors, administrators,
and assigns; and that he, the said A. B., his execu-
tors, administrators, and assigns, shall not nor will
assign or otherwise make void the said mortgage, or
release the moneys thereby secured, without the con-
sent in writing of them, the said C. D. and E. F., their
executors, administrators, or assigns, or until they shall

be fully paid and satisfied the said several sums and interest, part of the said mortgage-money, so belonging to them, the said C. D. and E. F. as aforesaid, but that he, the said A.B., his heirs, executors, administrators, and assigns, shall and will stand possessed of, and interested in, the said two several sums of L. and L. part of the said principal sum of L. , and all interest thereon respectively, and the benefit of the said securities for the same, upon trust for the said C. D. and E. F. respectively, and their several and respective executors, administrators, or assigns, according to their several interests therein. In wit. ness,* &c.

DECLARATION OF TRUST BY TRUSTEES OF A SETTLE-
MENT AS TO MONEY ADVANCED BY THEM ON MORT-
GAGE.

To all to whom, &c., A. B., of, &c., and C. D., of, &c., (trustees,) send greeting : Whereas, &c. [Recite Recital. the settlement, deed of trust, or will, and the mortgage.] And whereas the said sum of L. so advanced by the said (trustees) to the said (mortgagor) was not the proper money of the said (trustees, but was part of the trust-moneys which have come to their hands under and by virtue of the said recited indenture of settlement: Now know ye, and these Operative presents witness, that they, the said (trustees,) do part. hereby acknowledge, testify, and declare, that the said sum of L. so advanced by them to the said (mortgagor) as aforesaid, on security of the hereditaments and premises mentioned and comprised in the said recited indenture of appointment and release, of even date herewith, was not the proper money and estate of the said (trustees, but the same was and is part of the trust-moneys come to their

* This form may, with a few obvious alterations, be made applicable to the different cases which may occur.

hands under the trusts of the said hereinbefore in
part recited indenture of the, &c. And that the said
(trustees,) and the survivor of them, and the heirs,
executors, administrators, and assigns of such sur-
vivor, shall and will stand seised and possessed of the
said hereditaments and premises mentioned and com-
prised in the said recited indenture of, &c., of even
date herewith, with their, and every of their rights,
members, and appurtenances, and of the said princi-
pal sum of L. and the interest thereof, thereby
secured or expressed, and intended so to be, upon the
trusts, and to and for the several ends, intents, and
purposes, and by, with, under, and subject to, the
several powers, provisos, declarations, and agree
ments, mentioned, expressed, and declared in and by
the said indenture of settlement of the, &c., of and
concerning the said sum of L. , or trust-funds
of which the same formed a part, or such of them as
are now subsisting and capable of taking effect. In
witness, &c.

DECLARATION OF TRUST AS TO MONEY SECURED ON

A BOND.

Recital.

Operative part.

To all to whom, &c., [recite the bond.] And whereas the consideration for which the said recited bond was given, and which is secured thereby, was the sum of L. lent and paid by the said A. B. to the said E. F., but such sum was not the proper money of the said A. B., but was the proper money and estate of C. D., of, &c. Now know all men, &C., that the said A. B. doth hereby acknowledge, testify, and declare, that the said sum of L.

, so secured upon and by virtue of the said recited bond and obligation, was not the proper money of the said A. B., but that the same was and is the proper money and estate of the said C. D.; and that the name of the said A. B. was only made use of in the said bond and obligation in trust, and for the only use and be

nefit of the said C. D., his executors, administrators, and assigns; and that he, the said A. B., shall and will, at any time when required by the said C. D., his executors, administrators, and assigns, for such purpose, (upon being indemnified of and from all loss, costs, or charges, which may be occasioned thereby,) permit him or them to use the name of him, the said A. B., his executors or administrators, in and for the purpose of bringing and maintaining any suit or action on such bond as may be necessary for obtaining payment of the said sum of L. thereby received as aforesaid, or otherwise dispose of the said bond or obligation as the said C. D., his executors, administrators, and assigns, shall direct. In witness, &c.

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