The Trust Deed

Motilal Seal left a deed of settlement, a will and organized a trustee-board for proper functioning of his huge wealth and property after his death. Below is the text of the original deed drawn up in 1848. This deed was valid for a term of a hundred years and expired in 1947, after which most of the members of the  family decided to continue the Trust, which funds charitable endeavours to this day.

Indenture of Deed of settlement, made between Mutty Lall Seal and Jugatanundo Mullick and others, and dated the 21st February 1848.

THIS INDENTURE made the twenty-first day of February in the year of Christ one thousand eight hundred and forty-eight between Mutty Lall Seal, of Colootollah, in the Town of Calcutta, Banian, of the one part, and Jugatanundo Mullick, of Tarrachund Dutt’s Street, Amratollah, in the Town of Calcutta, Cash-keeper, Ramtonoo Seal, of Bow Bazar, in the said Town of Calcutta, writer, Ramchum Mullick, of Dyehattah, Burra Bazar, in the said Town of Calcutta, Banian, Dwarkanath Dey, of Colootollah, Banian, and Hera Lall Seal, of Colootollah aforesaid, eldest son of the said Mutty Lall Seal, of the other part. Whereas the said Mutty Lall Seal is seized and possessed, amongst other valuable property both real and personal, of the several houses, lands, hereditaments and premises hereinafter mentioned, and in order to make a provision for his wife and for his children and for any other children and child who may hereafter be lawfully begotten by the said Mutty Lall Seal, he, the said Mutty Lall Seal, is desirous of executing such conveyance thereof as is hereinafter mentioned NOW THIS INDENTURE WITNESSETH that for and in consideration of the natural love and affection which the said Mutty Lall Seal hath and beareth for his said wife and his said children, and for and in consideration of the sum of Company’s Rupees ten of lawful money of Bengal to the said Mutty Lall Seal in hand well and truly paid by the said Jugatanundo Mullick, Ramtonoo Seal, Ramchum Mullick, Dwarkanath Dey and Hera Lall Seal at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, he, the said Mutty Lall Seal hath granted, bargained, sold, aliened, released and confirmed, and by these presents doth, in pursuance of Act IX of one thousand eight hundred and forty-two, of the Legislative Council of India, grant, bargain, sell, alien, release and confirm, unto the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, their heirs and assigns, for ever, together with all and singular house, edifices, buildings, barns, stables, yards, gardens, orchards, ways, paths, passages, waters, water-courses, timbers, woods, under-woods, hedges, ditches, fences, lights, liberties, privileges, easements, profits, commodities, advantages and emoluments whatever, to the said several messuages, tenements, pieces or parcels of land or ground hereditaments and premises hereby released or otherwise assured and intended so to be or any of them respectively belonging, or in any wise appertaining or accepted, reputed, deemed, held, used, occupied or enjoyed as part, parcel or member thereof or any of them respectively, and the remainder and remainders reversion and reversions, rents, issues and profits of the said several houses, lands, hereditaments and premises and all the estate, right, title, interest, use, trust, property, inheritance, possibility, claim, and demand whatsoever of the said Mutty Lall Seal, of, into, out of, upon or concerning the same together with all deeds muniments, pottahs, writings and evidence, whatsoever which in any wise relate to the said several houses, lands, hereditaments and premises or any part or parcel thereof which now are or hereafter shall or may be in the possession or lawful power of the said Mutty Lall Seal, his heirs, representatives, executors or administrators or of any other person or persons from whom he or they can or may procure the same without action or suit at law, TO HAVE AND TO HOLD the said several messuages, houses, tenements, lands and hereditaments, and all and singular other the premises hereinbefore described and mentioned and hereby granted released and confirmed or mentioned or intended so to be, with their and every of their rights, members, appendages and appurtenances, unto the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, their heirs and assigns, To the uses, upon the trusts and for the several ends, intents’ and purposes, hereinafter expressed and declared of and concerning the same, that is to say, to the use of the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, their executors, representatives and assigns, for and during and unto the full end and term of ninety-nine years to commence and be computed from the date hereof, without impeachment of or for any manner of waste, but upon the several trusts and to and for the ends, intents and purposes, and under and subject to the provisoes hereinafter expressed and declared of and concerning the same, that is to say UPON TRUST that they, the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, and the survivors or survivor of them, and the executors and administators of such survivor and other the trustee and trustees for the time being under the settlement hereby made, do and shall stand seized and possessed of the said several houses, messuages, lands, hereditaments and premises and every part and parcel therof, and do and shall demise and lease all or any part of the several houses lands, hereditaments and premises hereinbefore granted, released and confirmed (except only the said family dwelling-house and Thakoorbaree adjoining thereto at Colootollah which shall be reserved and kept and used for the residence of the wife and family of the said Mutty Lall Seal), unto any person or persons, for any term or number of years, at the best and most approved rent or rents that can be reasonably gotten for the same : AND IT IS HEREBY AGREED AND DECLARED by and between the said parties to these presents that the rents, issues and profits to be received under or by virtue of such demises or leases, shall when received be had and holden by the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, and the survivors and the survivor of them, and the executors and administrators of such survivor and other the trustees or trustee for the time being, as hereinafter provided for, upon the trusts and for the ends, intents and purposes following, that is to say, IN TRUST, in the first place, to pay and discharge all taxes, rates, assessments, ground-rent and impositions whatsoever, as for the time being shall be payable by the landlord of the said several premises in respect thereof, and also all necessary sums for repairing and keeping the said several houses and premises in proper repair, and, in the next place, to pay and defray all reasonable and necessary costs, charges and expenses attending die receipt and payment of the said moneys, and, after payment of the said several sums, to pay and app[v the clear net surplus of such rents and profits in, for and towards the maintenance and support of the wife and sons of the said Mutty Lall Seal and of his daughters respectively until their respective marriages, and for the education of his said children, and for the njaintenance and support of the widows of such sons and of the respective sons of such sons and their respective daughters until their respective marriages as a joint and undivided Hindoo family, and for keeping up and paying all permanent pensions and permanent charitable allowances established by the said Mutty Lall Seal, and for the expenses of keeping up the worship of the family Idol, and the usual and established expenses for poojahs, and also for all other necessary expenses usual in the family of a Hindoo, the scale of which expenditure and payments shall be in accordance with the particulars contained in the schedule hereunto annexed, marked with the’ letter A, which is hereby incorporated with and made part of this Indenture of Settlement, and in case any net surplus shall remain after providing, meeting and paying for the several matters and things aforesaid during the said lifetime of the said Mutty Lall Seal, then they, the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, or the survivors or survivor of them and the executors and administrators of such survivor and other the trustee or trustees for the time being, do and shall during the said lifetime of the said Mutty Lall Seal, and in accordance with his directions in that behalf, invest such surplus, as the same shall from time to time accrue, either in securities of the Government of Bengal called Company’s Papers, or in the purchase of real property in Calcutta or in the Suburbs thereof PROVIDED ALWAYS NEVERTHELESS that such real property as may be in these suburbs shall be in the occupation or intended or fitted for the occupation or residence of European tenants, and that such Government security and real property shall be held, together with the rents of such real estate and interest, dividend and produce of the said Government securities, during the lifetime of the said Mutty Lall Seal, by the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, or the survivors or survivor of them or the heirs, executors or administrators of such survivor or other the trustee or trustees for the time being, according to the respective natures thereof respectively, upon the same trusts and for the same intents and purposes as are hereinbefore declared of and concerning the said several messuages, tenements, lands, hereditaments, hereby granted, released and confirmed, and the rents thereof aforesaid, or as near thereto as their different natures will admit of, and that from and after the death of the said Mutty Lall Seal, then that the whole of the said messuages, tenements, lands, hereditaments, Government securities, trust funds and real estate aforesaid shall be held by the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, their executors, administrators and assigns, during the residue and remainder of the said term of ninety- nine years, upon the trusts following, that is to say, UPON TRUST jo receive the whole of the rents, issues, profits, dividends and interest thereof respectively IN TRUST, in the first, place, to pay and discharge all taxes, rates, assessments, ground-rents and impositions whatsoever, as for the time being shall be payable by the landlord of the said several premises in respect thereof, and all necessary sums for repairing, and keeping the said several houses and premises in proper repair, and, in the next, place, to pay and defray all reasonable and necessary costs, charges and expenses attending the receipt and payment of the said moneys and generally as may be incurred in the execution of the trusts hereby created, and, after payment of the said several sums, to pay and apply the whole net surplus of such rents, issues, profits, dividends and interest in manner following, that is to say, in keeping up and paying all permanent pensions and permanent charitable allowances established or to be established by the said Mutty Lall Seal, and for the expenses of keeping up the worship of the family Idol and the usual and established expenses for poojahs AND ALSO for all other necessary expenses usual in the family of a Hindoo and in accordance with the particulars contained in the said schedule A hereunto annexed, and in, for and towards the maintenance, and support and payment and discharge of all the expenses of the wife and sons of the said Mutty Lall Seal respectively, while such sons respectively continue minors and until they respectively attain the full age of sixteen years, and of his daughters respectively until their respective marriages, and for the education of his said children as a joint Hindoo family, the amount necessary to be expended for such maintenance, support and education to be in accordance with the said schedule so far as such particulars are therein and hereinafter specified, and such of the aforesaid expenses as are not therein or hereinafter specified are to be from time to time and at all times settled, regulated and determined by the said trustees or trustee for the time being PROVIDED ALWAYS that the widows of sons dying without issue shall receive fifty rupees per month when and if they shall continue to live in the family dwelling-house of Mutty Lall Seal and conduct themselves to the satisfaction of the male part of the members of his family and the trustees or majority of the said members and trustees, or if such widows remove to and live in the house of any of their respectable relations or friends, they shall be entitled to receive and shall receive a subsistence allowance of rupees thirty per month, die trustees and members of Mutty Lall Seal’s family being satisfied of the widows living so as last mentioned, and the widows of grandsons dying without issue shall receive twenty rupees when living in the family dwelling-house of Mutty Lall Seal, and ten rupees when in that of their relations, being men of respectability and decent habits and the said trustees being satisfied thereof PROVIDED ALWAYS that in case of any dispute arising in matters concerning the trust deed among any members of the family, male or female, the same shall be referred to fair arbitration, two to be chosen by each party, and an umpire to be appointed by the said arbitrators themselves, it being contrary to the object of this trust that such members should proceed in the Supreme Court or any other Court of Justice within or without the jurisdiction of Calcutta in matters effecting this trust, and such of the members as shall act contrary to this injunction shall forfeit all claims to their rights, benefits and interest, bestowed on them by this trust deed PROVIDED ALWAYS that in the event of the present family house not being found sufficiently commodious for the accommodation of the whole of the members of the family of the said Mutty Lall- Seal, then the trustees shall build a house for the dwelling of such members as may find it inconvenient to live in the said family house on the piece or parcel of ground formerly belonging to Doorgaparshad Gangooly on the frontage of the family house, which separate new house shall be considered a part and parcel of the present family house, and shall possess all the advantages and privileges which are bestowed on the present family dwelling-house PROVIDED FURTHER that all the jewels, precious stones, and pearls called Jurowahs’ Gohounahs, which have been or may hereafter be given to the females of Mutty Lall Seal’s family, shall not be considered as the personal property of such females, but that such jewels shall appertain to the estate of Mutty Tail Seal for the general use of all the female members of the family PROVIDED ALSO that all silver plates, dishes, cups, tumblers pandans and such other silver wares and ornaments, which are now in use in the family or may hereafter be added to the number of such articles, shall not be sold or removed from the said family house for the private purposes of any of the members of the family PROVIDED ALSO that household furnitures and glasswares shall be subject to the same provision as above, and that such furnitures and wares as may break or become useless shall be replaced by the trustees from the estate, of which said jewels, precious stones, pearls, plate and articles, now existing and in use, a list is set forth in the schedule marked B hereunder written PROVIDED ALSO that if any son or grandson or great grandson shall remove from the family house or the separate house above alluded to, such son, grandson, or great grandson shall not carry with him any of the jewels, furnitures or glass-wares, &c., hereby settled upon the members living in the family house, nor shall they carry with them or be entitled to remove for any time the household God called Sreedhur PROVIDED ALWAYS that, when and as soon as the first son of the said Mutty Lall Seal shall attain the full age of sixteen years, the residue of the said rents, issues, profits, dividends and interest, with accumulatioas thereon, after payment of the said sums for taxes, repairs, collections, poojahs, pensions and charitable allowances, shall be divided into as many shares as there shall be sons then living, and that one of such shares shall be then paid to such son monthly or annually, and be continued to be paid to him during the continuance of such term, or during the term of executors and administraotrs, do and shall convey, assign and transfer the said trust premises to and for such charitable purposes as to them,.the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal or the survivors or survivor of them, or the heirs, executors or administrators of such survivor, shall deem fit and proper AND the said Mutty Lall Seal doth hereby, for himself, his heirs, executors and administrators covenant, grant, declare and agree with and to the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, their heirs and assigns, by these presents in manner following, that is to say, that for and notwithstanding any act, deed, matter or thing whatsoever by him or any of his ancestors made, done, committed, executed or knowingly occasioned or suffered to the contrary, he, the said Mutty Lall Seal is at the time of sealing and delivery of these presents lawfully and rightfully siezd of or otherwise well entitled to a good, sure, perfect, absolute and ^defeasible estate of inheritance in fee simple, in possession of and in all and every the messuages, lands, tenements, hereditaments and premises by these presents granted and released or mentioned or intended so to be respectively, with their respective incidents and appurtenance, without any condition, power of limitation or revocation of use or uses or other limitation, restraint, matter, or thing whatsoever, which shall, may or can charge, incumber or otherwise prejudicially affect the same messuages, lands, tenements and premises or any of them or any part thereof respectively, or defeat, determine, lessen or vary the uses, trusts, estates or interests hereby expressed or intended to be granted, released, conveyed or limited therein respectively AND ALSO that for and notwithstanding any such act, deed, matter or thing as aforesaid, he, the said Mutty Lall Seal now hath in himself full, lawful and absolute right, power and authority to grant, bargain, sell, release and convey all and singular the same messuages, lands, tenements, hereditaments and premises hereby granted and released or mentioned or intended so to be, with their respective incidents and appurtenances, unto the said Jugatanundo Mullick, Ramtonoo Seal, Ram Churn Mulick, Dwarkanath Dey and Hera Lall Seal, their heirs and assigns, to, upon and for the uses, trusts, intents, and purposes, and with, under and subject to the powers, provisoes, declarations and agreements hereinbefore and hereinafter limited, declared or expressed of or concerning the same respectively AND MOREOVER that all and every the said messuages, lands, tenements, hereditaments and premises, with their respective appurtenances, shall, henceforth and at all times hereafter, be, remain and continue to, upon and for such and the same uses, trusts, intents and purposes, and with, under and subject to such and the same powers, provisions, declarations and agreements, or such of them as shall from time to time be subsisting or capable of taking effect, without any lawful action, suit, hinderance, molestation, interruption, right, claim, demand or interference whatsoever of, from or by the said Mutty Lall Seal or his heirs or any other person or persons whomsoever now or hereafter lawfully or equitably and rightly claiming, or who has or have or hereafter shall or may have any right or lawful title to claim either by any act of the said Mutty Lall Seal or by operation of law or by any other means independent of the said Mutty Lall Seal by, from, through or under him, the said Mutty Lall Seal, his heirs or ancestors or any of them, and that free and clear and freely and clearly and absolutely acquitted, released, exonerated and discharged of all right and claim of him, the said Mutty Lall Seal, as purchaser or possessor thereof as aforesaid or otherwise, and by him, the said Mutty Lall Seal, his heirs, executors or administrators, at all times effectually and absolutely saved, harmless,protected and indemnified from and against all former and other gifts, grants, bargains, sales, mortgages, uses, inheritances, descents, entails, dowers, freehold, rents, annuities, debts, statutes, recognizances, judgments, charges, executions, extents, seizures, sequestrations and, all other estates, interests, titles, charges, liens and incumbrances whatsoever made or to be made, created, occasioned, committed, or knowingly suffered by the said Mutty Lall Seal or any of his ancestors or any other person or person whomsoever, now or hereafter lawfully or equitably and rightfully claiming or having any right or lawful title to claim by, from, through or under him, them or any of them, or by, from, through or under their or any of their acts, deeds, consent, privity or procurement, save only and except the person or persons who may at any time be entitled to the said hereditaments and premises or any of them under or by virtue of any of the limitations or trusts in these presents contained his and their acts and deeds, AND FURTHER that he, the said Mutty I-alf Seal, and his heirs and all or any person or persons whomsoever now, or hereafter having or lawfully or equitably claiming any estate, right, title, trust o^intcrest in, to, out of, upon or concerning the said messuages, lands, tenements, hereditaments and premises hereby granted and released respectively or mentioned so to be or any of them or any part thereof, by, from, through or under him, them or any of them or any of the ancestors of the said Mutty Lall Seal, shall and will, from time to time and at all times hereafter, at the request of the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal or other trustee or trustees of the premises for the time being, but at the costs or charges of the person or persons beneficially or otherwise entitled for the time being to the said trust premises, his or their heirs, executors or administrators, make, do and execute or cause and procure to be made, done and executed all and every such further and other acts, deeds, matters and things, conveyances and assurances in law whatsoever, for the further, better, more perfectly and absolutely or satisfactorily conveying and assuring all and singular the said messuages or tenements, lands, hereditaments and premises hereby granted and released or mentioned or intended so to be, with their respective rights, members, incidents and appurtenances, to, upon and for the uses, trusts, intents and purposes, and with, under and subject to the powers, provisoes, declarations and agreements hereinbefore limited, declared, or expressed concerning the same respectively, or such of them as shall be then subsisting or capable of taking effect, as by the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal or other trustee or trustees aforesaid or any purchaser or purchasers of the said premises or his or their or any of their counsel in the law shall be reasonably required AND ALSO that in case the said hereditaments and premises or any part or parts thereof shall be sold or exchanged in pursuance of the trusts hereinafter declared, for that purpose he, the said Mutty Lall Seal, and his heirs shall and will, if required, join in such sale and execute the several conveyances of the premises so to be sold or exchanged unto and to the use of the purchaser or purchasers thereof, his, her or their heirs or assigns, or as he, she or they shall direct or appoint, and enter into all proper and reasonable covenants with the purchaser or purchasers, his, her or their heirs or assigns, for the title, possession and further assurance of the same premises NEVERTI {ELESS IT IS HEREBY AGREED AND DECLARED that the joining of the said Mutty Lall Seal or his heirs in such sale, conveyance or assurance so to be made and executed as aforesaid, shall not in any wise be deemed essential or necessary to perfect the title of the purchaser or purchasers of the said premises or any part thereof, the same being intended only for the further satisfaction of such purchaser or purchasers, and not as reserving any interest to the said Mutty Lall Seal in the premises or any part thereof PROVIDED ALWAYS and it is hereby declared and agreed by and between the said parties to these presents that if the said Mutty Lall Seal, at any time or times hereafter during his natural life, be desirous that the said messuages, lands, hereditaments and premises, hereinbefore described and intended to be hereby granted and released, or any part or parts thereof, shall be sold or exchanged, then in every or any case it shall and may be lawful to and for the said Mutty Lall Seal to direct and require, by some writing under his hand the said Jugalanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanalh Dey and Hera Lall Seal or the survivors or survivor of them or the trustee or trustees for the time being, to dispose of either by absolute sale or in exchange for or in lieu of other messuages, lands, hereditaments and premises to be situate somewhere in Calcutta or in the vicinity thereto, all or any part of the said messuages, lands, hereditaments and premises hereinbefore expressed to be hereby granted and released, with the appurtenances and the inheritance thereof, in fee simple to any person or persons whomsoever, for such price or prices in money or for such equivalent or recompense in messuages, lands and hereditaments and premises, as to the said Mutty Lall Seal shall seem reasonable, and for the purpose of effecting all or any of such sales or exchanges as last aforesaid, it shall and may be lawful to and for the said Mutty Lall Seal, by any deed or deeds in writing to be by him sealed and delivered in the presence of and to be attested by two or more credible witnesses, absolutely to revoke, determine and make void all and every or any of the uses, trusts, charges, powers and provisoes hereinbefore limited, declared, created and expressed of and concerning the hereditaments so at the time intended to be sold or exchanged as aforesaid BUT IT IS HEREBY DECLARED AND AGREED by and between the said parties to these presents that when all or any part of the said messuages, lands, tenements and premises, hereby made saleable as aforesaid, shall be so sold for a valuable consideration in money, or when in order to effectuate any such exchange or exchanges as aforesaid any sum or sums of money shall have been agreed to be received or taken by way of equalizing of exchange, the purchase money for the said hereditaments, and also the sum or sums of money to be received or taken for equality of exchange as aforesaid, shall be paid to the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, or the survivor of them, or the executors, administrators or assigns of such survivor, and that they, the said Jugatanundo, Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal and the survivor of them or the executors, administrators and assigns of such survivor shall, from time to time, at the request and by the direction of the said Mutty Lall Seal, during his life, lay out and invest the money, to arise from such sale or sales or to be received for equality of exchange as aforesaid, or so much thereof as shall remain after payment of all costs, charges and expenses of preparing for, making and completing such sale or sales, exchange or exchanges, as aforesaid, and of such purchase or purchases as hereinafter mentioned, or in any wise incident thereto, in purchase of such other freehold messuages, tenements , lands,, hereditaments and premises to be situated :n Calcutta or in the vicinity thereof, of a clear and indefeasible estate of inheritance ^ in fee simple in possession, or of an estate of inheritance in the nature, of a fee simple in possession. AND MOREOVER that they, the said Jugantanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, or the survivor of them or the heirs, executors, administrators or assigns of such survivor, do and shall settle and assure or cause to be settled and assured, as well the messuages, tenements, lands, hereditaments and premises so to be purchased, . as the messuages, lands, hereditament nd premises so to be received in exchange as hereinbefore mentioned, to such and the same trustees or trustee for the time being, for such and the same kind of estates and to such and the same uses, upon and for such and the same trusts, intents and purposes, and with, under and subject to such and the same powers, provisoes, declarations and restrictions, as are in and by these presents limited, expressed, declared and contained of and concerning the messuages, tenements, lands, hereditaments and premises hereinbefore expressed to be hereinbefore granted and released, or such and so many of them as shall then be subsisting and undetermined or capable of taking effect AND FURTHER that in the meantime and until the money, to be produced by such sale or sales or be received for equality of exchange as aforesaid, shall be laid out or invested in the purchase of other messuages, tenements, lands or hereditaments pursuant to the trusts and directions hereinbefore contained, they, the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, or the survivor of them, or the executors, administrators or assigns of such survivor, shall, (with the consent and approbation of the said Mutty Lall Seal during his life,) lay out and invest the same sum or sums of money, in the names ^r name of the said trustees or trustee for the time being, at interest upon Government or real securities, and shall or may after, vary, transfer and transpose the said funds and securities or any of them into or for others of the same or similar nature as they the said trustees or trustee for the time being (with the approbation of the said Mutty Lall Seal during his life) shall think fit AND IT IS HEREBY ALSO AGREED AND DECLARED that the interest, dividends and annual produce, to arise or be produced by such stocks, funds and securities, shall go and be paid in such manner as the rents, issues and profits of the said messuages, tenements, lands, hereditaments and premises to be purchased as aforesaid, would, under or by virtue of the limitations and directions herein contained, go or be payable or applicable unto in case such purchase or purchases and settlement as aforesaid were then actually made, and in case of the decease of the said Mutty Lall Seal before the money to be produced by sale of the said messuages, tenements, lands, hereditaments and premises or to be received for equality of exchange as aforesaid shall have been reinvested in the purchase of other lands or hereditaments, then the same money, or so much thereof as shall not have been so invested, shall, as between and among the several persons interested therein and in the said messuages, tenements, lands, hereditaments and premises, under and by virtue of these presents, either immediately or in remainder, be considered as real estate PROVIDED ALWAYS AND IT IS HEREBY ALSO AGREED AND DECLARED by and between the said parties to these presents, that the receipt or receipts of the said Jugatanundo Mullick, Ramtonoo Seal, Ramchurn Mullick, Dwarkanath Dey and Hera Lall Seal, or the survivors or survivor of them or the executors, administrators and assigns of such survivor, for the purchase money for all or any part of the messuages, tenements, lands, hereditaments and premises, or for any sum or sums to be received for equality of exchange as aforesaid, or for any other sum or sums of money, principal or interest, which shall become payable to them or him under or by virtue of any of the trusts or powers herein contained, shall effectually discharge the person or persons paying ihe same from being in any manner liable or concerned to see to the due application thereof or from being answerable for any loss, misapplication or non-application of the sum or sums of money in such receipt or receipts expressed or acknowledged to be received PROVIDED ALWAYS AND IT IS HEREBY ALSO AGREED AND DECLARED between and by the said parties to these presents that in case the trustees in and by these presents named and appointed, or either of them, or any succeeding or other trustees or trustee of the said trust premises to be named and appointed by virtue of this present power, or their or any of their executors or administrators, shall happen to die, or be desirous to be discharged from,or refuse or become incapable to act in the trusts hereinbefore declared and contained before the same trusts shall have been fully performed or discharged, then, and so often as the same shall happen,it shall and may be lawful to and for the said Mutty Lall Seal during his life, and, after his decease, for the surviving or continuing trustees or trustee for the time being acting m the execution of the trusts hereby created, by any deed or deeds in writing to be by him or them respectively sealed and delivered from time to time, to-nominate, substitute and appoint any other person or persons to be a trustee or trustees in the place and stead of such trustee or trustees so dying, desiipus to be discharged, or refusing or becoming incapable to act as aforesaid, and when and so often as any such new trustee or trustees shall be named and appointed as aforesaid, all trust premises for the lime being shall thereupon, with all convenient speed, from time to time, be conveyed, transferred assigned and assured respectively in such sort and manner and so as that the same shall and may be legally and effectually vested in the newly appointed trustee or trustees and his and their heirs, executors and administrators according to the several natures of the said trust premises, jointly with such of the former trustees as shall be willing and capable to act, or in case there shall be no continuing former trustee, then in such newly appointed trustee or trustees only, his or their heirs, executors, administrators and assigns, according to the several natures of the said trust%>remises upon and for the several trusts and to and for the several intents and purposes hereinbefore expressed and declared of and concerning the same, and every such new trustee or trustees shall and may, in all things and in all respects, act and assist in the management, carrying on and execution of the trusts to which he or they shall he appointed as fully and effectually and have and enjoy all the same powers and authorities as if such new trustee or trustees had been originally by these presents nominated arid appointed and as the trustees named in these presents are or would be enabled to do, or might or could have done, under or by virtue of the same or any clause, power or powers or provisions hereinbefore contained or implied if then living and continuing to act under or in execution of the trusts, powers and authorities reposed in or reserved to them in and by these presents PROVIDED ALWAYS AND IT IS HEREBY DECLARED AND AGREED between and by the said parlies to these presents that the aforesaid trustees and the trustees for the time being of the said trust premises and each and every of them and then uid each and every of their executors, administrators, or assigns, shall be charged and chargeable only’ for so much as they and each and every of them shall respectively actually receive by virtue of or under the trusts aforesaid, notwithstanding their joining in any receipt or receipts for conformity, and that any one or more of them shall not be answerable or accountable for the other of them, or others nor for the receipts, neglects or defaults of the other or others of them, but each of them for his own acts, receipts, defaults, neglects only, nor shall they or any of them be answerable or accountable for any banker or other person or persons whom or in whose hands any part or parts of the said trust moneys shall or may be lodged or deposited for safe custody or otherwise, nor for the deficiency of title to any lands, hereditaments, or the deficiency of any security or securities in or upon which the trust money or any part thereof shall or may be lent, placed out or invested, nor for any misfortune, loss, or damage which may happen in any part of the aforesaid trusts or in relation thereto, unless the same shall happen by or through their own wilful neglects or defaults respectively AND ALSO that the said trustees or trustee and each and every of them and their and each and every of their executors, administrators and assigns, shall and may, by and out of the moneys which shall come to their respective hands by virtue of the trusts aforesaid, retain to and reimburse himself and themselves respectively and also to his or their co-trustees and co-trustee, all losses, costs, damages and expenses which he or they or any of them shall or may respectively suffer, sustain, expend, incur or. be put unto for or on account or by reason or means of all or any of the trusts or powers herein contained or any wise howsoever relating thereto. PROVIDED ALWAYS AND IT IS ALSO HEREBY AGREED by and between the said parties to these presents that, when and as each of the sons of the said Mutty Lall Seal shall attain the age of seventeen years, they, their heirs, executors,-and administrators, according to the several natures of the said trust premises, shall become trustee of the said trust premises, trustees, or in the place and stead of the said trustees as shall due on be, jointly with the other acting desirous to be removed or decline to act in the trusts hereinbefore declared before the same shall be fully executed and performed and with all the same power and powers, authority and authorities, to all intents and purposes as if the said sons of the said Mutty Lall Seal and each of them had been nomintaed and appointed trustees in and by these presents and as if the said trust premises had been hereby conveyed to them, their heirs, executors, administrators and assigns as such trustee jointly with the said other trustees, according to the several natures thereof. In witness whereof the said parties to these presents have hereunto set and subscribed their hands and seals the day and year first above written.

Signed, sealed and delivered by the within named Mutty Lall Seal (the reference in the said deed made, to the schedule B in the words appearing interlined in the sixth skin of parchment and other corrections in the engrossment having befen previously made and written), in the presence of
LONGUEVILIE CLARK, T. C. MORTON, R. M. THOMAS, Solrs.

Signed, sealed and delivered by the within named Jugatanundo Mullick, Ramtonoo Seal, Ramehum Mullick, Dwarkanath Dey and Hera Lall Seal, respectively, at Calcutta in the presence of

R. M. THOMAS, Solr.

[The text of this deed has been obtained from Appendix A of Kissory Chand Mitter’s biography, as republished recently by  ]