shall have been or shall be made until the repayment thereof, or until the same shall be included in such balance, and as to all such balances from the respective times at which the same shall be respectively cast or ascertained, until the respective times at which the same shall be respectively paid and satisfied, or included, as last aforesaid, according to the usual practice of the customers of the said banking firm; then, and in such case, &c. mortgage of Provided always, and it is hereby also agreed and Proviso for declared between and by the parties hereto, that if, renewal in a at any time hereafter during the continuance of this leaseholds. security, any of the persons for whose life or lives the said messuage and premises, intended to be hereby assigned, are now, or may be hereafter holden, shall die, then, and in such case, and from time to time as often as it shall so happen, it shall and may be lawful to and for the said C. D., his heirs and assigns, to surrender the then subsisting lease wherein any of the lives shall so die, and all his and their estate and interest in the premises therein comprised, to the lord bishop of B. for the time being. And also to and for the said C. D., his executors, administrators, and assigns, to pay all the arrears of rent which shall be then due to the said lord bishop of B. by virtue of such lease or leases, and procure and obtain a new lease or new leases to be made and granted to him the said C. D., his heirs or assigns, of the premises comprised in the lease or leases which shall be so surrendered as aforesaid, for the lives of the then surviving cestui que vies in such lease or leases, and of some other person or persons, in such manner as hath been used and accustomed by the said lord bishop of B. for the time being, and to pay the fines, fees, and expenses for, in, about, or relating to the obtaining, making, and granting such new lease or leases as aforesaid. And it is hereby further declared and Such new agreed by and between the said A. B. and the said lease to stand C. D., and the true intent and meaning of them and as the former of these presents is, that the estate, term, and interest had done. as a security, To take a reduced rate of interest on punctual pay ment. which shall be demised or granted in the said premises in and by every such new lease shall stand andbe charged and chargeable with, and remain and be a security to the said C. D., his executors, administrators, or assigns, as well for all the sums of money which he or they shall pay for such arrears of rent, fines, fees, and expenses as aforesaid, and interest for the said sums of money from the time of payment thereof respectively, at the rate of L. for each and L.100 for a year, as for the said sum of L. hereinbefore and the Provided always, that if the said [mortgagor,] his executors, administrators, or assigns, shall, from time to time, until the repayment of the said principal sum of L. hereby secured, punctually pay, or cause to be paid, unto the said [mortgagee,] his executors, administrators, or assigns, interest after the rate of L. &c., for the said sum of L. within 28 days next after the said day of , upon or day of and discharge other cove Provided always, and it is hereby declared and Provisos for agreed between and by the said parties to these pre- from covenant sents, that in case the said A. B. shall, at any time for production hereafter, sell and dispose of the estate of the said of title-deeds, E. F., now remaining unsold, or the greater part in on procuring value thereof, and shall procure the purchaser or pur- nants. chasers thereof to enter into such covenant as is hereinbefore contained, to and with the said L. M., his heirs, [appointees,] or assigns, for the production to him and them of the said deeds, evidences, and writings; then, and in such case, these presents and the covenant by the said A. B. in that behalf hereinbefore contained, shall be absolutely void and of none effect, and these presents shall be given up to the said A. B. to be cancelled. trustees. Provided always, &c., that the said, &c., and each Proviso for and every of them, their, and each, and every of indemnifying their executors, administrators, and assigns, shall be charged and chargeable only for so much money as they, and each, and every of them shall respectively actually receive by virtue of or under [this my will,] and the trusts aforesaid; and that any one or more of them shall not be answerable or accountable for the other or others of them, nor for the acts, receipts, neglects, or defaults of the other or others of them; but each and every of them for his and her own acts, receipts, neglects, and defaults only; nor shall they, or any or either of them, be answerable or accountable for any banker, broker, or other person with whom or in whose hands any part of the said trust-moneys shall or may be deposited or lodged for safe custody, nor for the insufficiency or deficiency of any security or securities in or upon which the same trust-moneys, or any part thereof, shall or may be placed out or invested, nor for any other misfortune, loss, or damage which may happen in the execution of any of the aforesaid trusts, or in relation thereto, except the same shall happen by or through his, her, or their own wilful neglects or defaults respectively. And also, that they the said, &c., and each and every of them, their, and each, and Proviso to make void a will where persons dispute the validity thereof. every of their executors, administrators, and assigns, shall and may, by, with, and out of the moneys which shall come to their respective hands by virtue of the trusts aforesaid, retain to and reimburse himself, herself, and themselves respectively; and also allow to his, her, and their co-trustees [and co-executors] all loss, costs, damages, and expenses which he, she, or they, or any of them, shall and may respectively suffer, sustain, expend, disburse, be at, or put unto, or which shall or may be to him, her, or them, or any of them, occasioned, for or on account, or by reason or means of the trusts hereby in them reposed, or otherwise howsoever relating thereto. Provided always, and I do hereby declare my will limitations in to be, that if any person or persons to whom any estate or interest is given or limited by this my will, shall, in any court of law or equity, or otherwise, controvert the same, or dispute or call in question the validity thereof, or of any of the estates, limitations, powers, provisos, or dispositions hereby limited, or given, or made, or herein contained, then, and in such case, the estate or estates, interest or interests, limitation or limitations, powers, provisos, and dispositions so hereby limited, given, or made to or in favour of such person or persons so controverting my said will, or disputing or calling in question the validity thereof, as aforesaid, shall cease, determine, and be utterly void, to all intents, constructions, and purposes whatsoever, as if such person or persons was or were naturally dead. And then and from thenceforth such estate or estates, interest or interests, limitations, powers, provisos, and dispositions, shall go and belong to, and be vested in, the person or persons who, by virtue of this my will, shall be next in remainder after the person or persons so controverting or disputing the same as aforesaid; provided he, she, or they shall not controvert or dispute the validity of this my will, or any of the devises, limitations, powers, provisos, or dispositions herein contained, or hereby made. hold and avoid for feiture of the Provided always, and it is hereby expressly de- In conveyclared, that these presents shall not, nor shall the ance of freegrant, bargain, and sale hereinbefore made, be con- copyhold strued or deemed to comprise, include, or extend to premises, to pass or convey any copyhold or customary lands, tenements, or hereditaments whatsoever, in case any copyhold. such are or shall happen to be mentioned, described, or contained in the grant, bargain, and sale of freehold lands, tenements, or hereditaments, made, or intended to be made, by these presents; but that, on the contrary, all such copyhold or customary lands and hereditaments as are last hereinbefore mentioned (if any such there are) shall be deemed to be comprised in, and to be equitably bound by, the covenant hereinbefore contained for surrendering the copyhold or customary premises herein before particularly mentioned and described. To the end and intent that no forfeiture may be committed of any copyhold or customary lands, tenements, or hereditaments, by the execution of these presents. Provided also, and these presents are upon the To determine express condition, that if the said [lessor,] his heirs a lease. or assigns, or the said [lessee,] his executors, administrators, or assigns, or any or either of them, shall be minded or desirous to determine and make void this present demise or lease at the end of the first seven or fourteen years of the said term of twentyone years, and shall signify such his or their intention to the other or others of them, by notice in writing, to be given to him or them, or left at his or their last or most usual place or places of abode, at least one year before the end of the said seventh or fourteenth year of the said term of twenty-one years; that then, and in such case, from and after the end or expiration of the said seven or fourteen *This proviso is to be inserted in the deed, when the premises are so blended together that it is difficult to discriminate minutely the copyhold from the freehold, in order to avoid a forfeiture of the copyhold by the mode of convey ance. |