143

persons to whom the same respectively shall be given his her or their heirs
executors administrators or assigns shall not afterwards be accountable for any
loss misapplication or nonapplication or be in anywise concerned to see to the
application of the money therein respectively expressed to be received. Provided
always and it is hereby agreed and declared that if any of the Trustees
hereby appointed or to be appointed or constituted as hereinafter is mentioned
shall die or be desirous of being discharged from or decline (either before or after
having acted) or become incapable to act in the trusts hereby created then and
in every such case it shall be lawful for the said George Frederick Campbell
Bray and Charlotte Frances Pope during their joint lives and after the decease
of either of them for the survivor of them during his or his life and after the
decease of the survivor of them for the surviving or continuing Trustees or Trustee
for the time being (if any) and if there shall be no surviving or continuing
Trustee for the time being then for the retiring or declining Trustees or
Trustee for the time being (if any) and if there shall be no surviving or
continuing or retiring or declining Trustee then for the acting executors or
administrators or executor or administrator of the last surviving or last
acting Trustee for the time being by any deed duly executed to appoint
one or more person or persons to be a Trustee or Trustees in the place of
the Trustee or Trustees so dying desiring to be discharged or declining or
becoming incapable to act as aforesaid and upon every such appointment all
the trust estates monies and premises shall be forthwith conveyed assigned and
transferred so and in such manner as that the same may become vested
in the new Trustees or Trustee jointly with the surviving or continuing Trustee
or Trustees or solely as the case shall require And every such new Trustee (as well
before as after the trust estate shall have been so vested as aforesaid) and also
every person who shall have been constituted a Trustee of these presents by
any Court of competent jurisdiction shall have such and the same powers
to all intents whatsoever as if he had originally been nominated a Trustee
in these presents Provided also that the Trustees or Trustees for the time
being of these presents shall be respectively chargeable only for such monies
as they shall respectively actually receive by virtue of the trusts hereby in
them reposed notwithstanding his her or their signing any receipts for the
sake of conformity and anyone or more of them shall not be answerable
for the others or other of them or for the acts receipts neglects or defaults of the
others or other of them and that they or any of them shall not be answerable
10.

Marginalia

Power to appoint new
Trustees

Trustees to be liable
in respect of their own
Acts and defaults only.

persons to whom the same respectively shall be given his her or their heirs
executors administrators or assigns shall not afterwards be accountable for any
loss misapplication or non application or be accountable for any
application of the money therein respectively expressed to be received provided
always and it is hereby agreed and declared that if any of the Trustees
hereby appointed or to be appointed or constituted as hereinafter is mentioned
shall die or be desirous of being discharged from or decline (either before or after
having acted) or become incapable to act in the trusts hereby created then and
in every such case it shall be lawful for the said George Frederick Campbell
Bray and Charlotte Frances Pope during their joint lives and after the decease
of either of them for the survivor of them during his or his life and after the
decease of the survivor of them for the surviving or continuing Trustee or Trustee
for the time being (if any) and if there shall be no surviving or continuing
Trustee for the time being then for the reliving or declining Trustees or
Trustee for the time being (if any) and if there shall be no surviving or
continuing or retiring or declining Trustee then for the acting executors or
administrators or executors or administrator of the last surviving or last
acting Trustee for the time being by any deed duly executed to appoint
one or more person or persons to be a Trustee or Trustees in the place of
the Trustee or Trustees so dying desiring to be discharged or declining or
becoming incapable to act as aforesaid and upon every such appointment all
the trust estates monies and premises shall be forthwith conveyed assigned and
transferred so and in such manner as that the same may become vested
in the new Trustees or Trustee jointly with the surviving or continuing Trustee
or Trustees or solely as the case shall require And every such new Trustee (as well
before as after the trust estate shall have been so vested as aforesaid) and also
every person who shall have been constituted a Trustee of these presents by
any Court of competent jurisdiction shall have such and the same powers
to all intents whatsoever as if he had originally been nominated a Trustee
in these presents provided also that the Trustees or Trustees for the time
being of these presents shall e respectively chargeable only for such monies
as they shall respectively actually receive by virtue of the trusts hereby in
them reposed notwithstanding his her or their signing any receipts for the
sake of conformity and anyone or more of them shall not be answerable
for the others or other of them or for the acts receipts neglects or defaults of the
others or other of them and that they or any of them shall not be answerable
10.