Education. 121 



And the aforesaid grant, release and confirmation is on this further 

 trust, that whenever one of the said Trustees shall decease, that then the 

 survivors of them shall convey the premises to a new Trustee, such as 

 they shall elect, to hold to him and his heirs, to the use of such new 

 Trustee and the surviving Trustees, their heirs and assigns upon the trusts 

 before mentioned ; and so from time to time as often as any one Trustee 

 shall decease. 



Provided, however, that never more than four of said Trustees belong 

 to, or be inhabitants of said Hingham. And provided also, that in case 

 either of the aforenamed Trustees should decease before the said Sarah, 

 that then the said uses to the new Trustee and surviving Trustees be 

 limited to take place not until, but immediately after the decease of the 

 said Sarah. 



It is however further agreed by all the parties to these presents, that in 

 case the said Sarah should, in her life time, release to the said Trustees 

 her estate for life in the premises, that then the said Trustees shall be 

 immediately seized thereof to the uses, trusts, intents and purposes afore- 

 said, in as full and as ample a manner as if the said Sarah had in fact 

 deceased. 



And to the intent that the trusts aforesaid may the more effectually be 

 carried into execution, and that the said School and its funds, of which 

 it may now or hereafter be possessed, may be placed upon a firmer basis, 

 it is further agreed by and between all the parties to these presents, and 

 the aforesaid grant, release and confirmation is also on this further trust 

 and confidence, that the said Trustees, their survivors or successors, shall, 

 within one year from the day of the date of these presents, apply to and 

 obtain from the Legislature of this said Commonwealth, an act, incor- 

 porating them, or their survivors or successors, to be appointed as afore- 

 said, into a body politic by the name of the Trustees of Derby School, 

 whereby all the lands and buildings aforesaid, with all their privileges, 

 easements and appurtenances, shall be confirmed to the said Trustees in 

 their corporate capacity, and to their successors in trust forever, for the 

 use and purposes, and upon the trusts, which in this said Deed of Lease 

 and Release are mentioned, expressed and declared ; and also enabling 

 them, the said Trustees, to receive by gift, grant, bequest or otherwise, 

 any other lands, tenements or other estate, real or personal, to be appro- 

 priated according to trusts, intent and design herein before expressed, and 

 further, to do everything whatsoever necessary to carry the trusts afore- 

 said into execution, according to the true meaning of the same. 



Provided always, nevertheless, and it is hereby declared and agreed, by 

 and between all the parties to these presents, and it is their true intent 

 and meaning that it shall and may be lawful for the said Sarah on this 

 condition, but on this only ; that if the aforesaid Trustees, their survivors 

 or successors, do not, within the term aforesaid, obtain an Act of Incor- 

 poration as aforesaid, at any time during her natural life, at her free will 

 and pleasure, by any writing or writings under her hand and seal, attested 

 by two or more credible witnesses, or by her last will and testament in 

 writing, to be by her signed, sealed and published in the presence of three 

 or more credible witnesses, to revoke, alter, or make void, all and every, 

 and any of the use or uses, estate or estates, trust or trusts hereinbefore 

 limited or declared of or concerning the land and buildings aforesaid, and 

 by the same or any other writing or writings to limit, declare or appoint 

 any new use or uses, trust or trusts of and concerning the same or any 



