Volume 817, Page 48 View pdf image |
48 payment of all the debts and sums of money aforesaid and on receipt of the same or any part thereof good and sufficient acquttances and discharges therefor in whole or in part as the Case may be to give Execute and deliver In Trust nevertheless that the parties hereto of the second part and the survivor of them and the Executors and administrators of the survivor shall and will use their reasonable endeavours to possess themselves of the property and funds hereby conveyed and assigned and shall and will at such time or times and in such manner as the said Trustees or the surviver of them or the legal representatives of the surviver may think proper sell and dispose of for ready money or on Credit as by them maybe deemed most advisable the whole of the goods wares merchandize chattels and effects aforesaid And as to the proceeds arising as well by such Sale or sales as by the Collection of the debts hereby assigned In Trust that the said John R Hynson and William Hopkins or the surviver of them or the legal representatives of the surviver after deducting therefrom and retaining in their own hands the amount of all expenses necessarily attending the Execution of this Trust and a Commission for their labour and services in the premises of Eight per Centum upon all moneys that may be received by them or come to their hands by virtue of this assignment shall and will apply the residue of the avails of this Trust to or towards the payment and discharge of the just Claims of all such of the Creditors of the said William T Norfolk as shall within fifteen days from the date of these presents Execute and deliver to the said Norfolk a full and final Release and discharge of their respective claims against him that is to say rateably and proportionably if the fund be insufficient to satisfy the whole or to the full Satisfaction and discharge of all such Claims if the fund be Sufficient for that purpose and the balance or surplus if any may remain shall and will pay over to the said William T Norfolk or his legal representatives Provided always that the share or portion of any Creditor or creditors declining or omitting to Execute and deliver such release or discharge as aforesaid shall not be distributed among the assenting Creditors but shall be by the said Trustees paid over to the said William T Norfolk and to for upon no other use trust intent or purpose whatsoever In witness whereof the said William T Norfolk hath hereunto subscribed his name and affixed his Seal on the day and year first above written |
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Volume 817, Page 48 View pdf image |
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