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635 amount to the Sum of two Shillings in the Pound upon the said respective Debts so due and owing by the said John and Gilbert Buchanan (after deducting all Charges and ^making^ such several Payments thereout as aforesaid well and truly apply retain share divide and pay the same to and between themselves and amongst all other the said Creditors executing these Presents in equal Proportions according to the Total of their and every of their respective Debts and according to the Estate or Estates upon which they shall respectively be Creditors and the Account of such Estate or Estates respectively according to the true Intent and Meaning of these Presents And it is hereby declared and agreed to be the true Intent and Meaning of these Presents and of all the Creditors executing hereof that they the said John Rogers Abraham Dyson Richard Cooke John Worrall Edmund Lardner Samuel Dyson Edward Gale and Thomas Porteus their Exors Admors and Assigns shall respectively be chargeable with and accountable for such Sum and Sums of Money only as they shall respectively actually receive by Virtue of these Presents or otherwise relating to the Estates or Effects of the said John Buchanan and Gilbert Buchanan or of either of them and each and every of them for his and their own Payments Receipts Acts and wilful Defaults only and not with or for the Receipts Payments Acts or Defaults of the other or others of them any Thing herein before contained to the Contrary thereof in any Wise notwithstanding And lastly it is hereby declared and agreed by and Between all the said Parties to these Presents that in Case any of them the said John Rogers Abraham Dyson Richard Cooke John Worrall Edmund Lardner Samuel Dyson Edward Gale and Thomas Porteus shall happen to die or decline to act in the Trusts hereby reposed in them before the Same shall be fully executed it shall and may be lawful to and for the major Part in Value of the Creditors of the said John Buchanan and Gilbert Buchanan who shall be present at a Meeting to be summoned for that Purpose by Advertizement in the London Gazette to nominate and chuse such other Person or Persons as they shall think fit to be a Trustee or Trustees in the Place or Stead of the Person or Persons so dying or refusing or declining to act and every Person and Persons so to be Chosen as aforesaid shall have the same Power and Controul to all Intents and Purposes as any of them the said John Rogers Abraham Dyson Richard Cooke John Worrall Edmund Lardner Samuel Dyson Edward Gale and Thomas Porteus now have by Virtue of these Presents In Witness whereof the said Parties to these Presents have hereunto set their Hands and Seals the Day and Year first above written Dyson Rogers & C.o 8700 (LS Cooke & Relph 3311 (LS) Lardner Baralty 4498 8 5 (LS) Edw Gale 2870 (LS) David Ker & C.o £2060 (LS) W Willett & R Rayment £1187 (LS) |
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Provincial Court Land Records, 1770-1774
| Volume 726, Page 635 View pdf image |
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