Trust Deed of ADI BRAHMO SAMAJ
THIS INDENTURE made the eighth-day of January, in the year of Christ one thousand eight hundred and thirty,
BETWEEN
DWARKANAUTH TAGORE of Jorasankoe in the Town of Calcutta Zumeendar,
KALEENAUTH ROY of Burranugar in the Zillah of Havelly in the suburbs of Calcutta aforesaid Zumeendar,
PRUSSUNNOCOOMAR TAGORE of Pattoriaghatta in Calcutta aforesaid Zumeendar, RAMCHUNDER BIDYABAGISH of Simlah in Calcutta aforesaid Pundit and
RAMMOHUN ROY of Manicktullah in Calcutta aforesaid Zumeendar
of the one part,
and
BOYKONTONAUTH ROY of Burranugur in the Zillah of Havelly in the Suburbs of the Town of Calcutta. aforesaid Zumeendar,
RADAPERSAUD ROY of Manicktullah in Calcutta aforesaid Zumeendar and
RAMNAUTH TAGORE of Jorasankoe Calcutta aforesaid Banian (Trustees named and appointed for the purposes hereinafter mentioned)
of the other part
WITNESSETH that - for and in consideration of the sum of Sicca Rupees Ten of Lawful money by the said Boykontonauth Roy, Radapersaud Roy and Ramnauth Tagore to the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomar Tagore, Ramchunder Bidyabagish and Rammohun Roy in hand paid at and before the sealing and delivery of these Presents (the receipt whereof they the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomar Tagore, Ramchunder Bidyabagish and Rammohun Roy do and each and every of them doth hereby acknowledge) and for settling and assuring the messuage land tenements hereditaments and premises hereinafter mentioned to be hereby granted and released to for and upon such uses, trusts, intents and purposes as are hereafter expressed and declared of and concerning the same and for divers other good Causes and Considerations them hereunto especially moving they, the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomar Tagore, Ramchunder Bidyabagish and Rammohun Roy Have and each and every of them Hath granted bargained sold aliened released and confirmed, and by these presents Do and each and every of them Doth grant bargain sell alien release and confirm, unto the said Boykontonauth Roy, Radapersaud Roy, and Ramanauth Tagore, their heirs and assigns, ALL that brick-built messuage (hereafter to be used as a place for religious worship as is hereinafter more fully expressed and declared) Building or Tenement with the piece or parcel of Land or Ground thereunto belonging, and on part whereof the same is erected and built containing by estimation four Cottahs and two Chittacks be the same a little more or less, situate lying and being in the Chitpore Road in Sootanooty jn the Town of Calcutta aforesaid, and butted and bounded as follows (that is to say) on the north by the House and Ground now or formerly belonging to one Fooloorey Rutton, on the south by the House and Ground formerly belonging to one Ramkristno Kur since deceased, on the east by the House and Ground now or former1y belonging to one Radamomy Bhamonney, and on the west by the said public Road or Street commonly called Chitpore Road or howsoever otherwise the said messuage building land tenements and hereditament or any of them now are or is heretofore were or was situated tenanted called known described or distinguished and all other the messuages lands tenements and hereditaments (if any) which are or are expressed or intended to be described or comprised in a certain Indentu1re, of bargain and sale hereinafter referred to, TOGETHER with all and singular the out houses offices edifices buildings erections Compounds Yards walls ditches hedges fences enclosures ways paths passages woods underwoods shrubs timber and other trees entrances casements lights privileges profits benefits emoluments advantages rights titles members appendages and appurtenances whatsoever to the said messuage, building land tenements hereditaments and premises or any part or parcel thereof belonging or in any wise appertaining or with the same or any part or parcel thereof now or at any time or times hereunto held used occupied possessed or enjoyed or accepted reputed deemed taken or known as part parcel or member thereof or any part thereof (all which said messuage building. Land tenements hereditaments and premises are now in the actual possession of or legally vested in the said Boykontonauth Roy, Radapersaud Roy and Ramnauth Tagore by virtue of a bargain and sale to them thereof made by the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomar Tagore, Ramchunder Bidyabagish and Rammohun Roy for Sicca Rupees Five Consideration by an In1denture bearing date the day next before the day of the date, and executed previous to the sealing and delivery of these Presents for the Term of one whole Year Commencing from the day next preceding the day of the date of the same Indenture, and by force of the statute made for transferring uses into possession and the remainders reversion and reversions Yearly and other rents issues and profits thereof AND ALL the Estate Right Title interest trust use possession inheritance property profit benefit claim and demand whatsoever both at Law and in Equity of them, the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomar Tagore, Ramchunder Bidyabagish and Rammohun Roy respectively of into upon or out of the same or any part thereof Together with all deeds Pottahs evidences muniments and writings whatsoever which relate to the said premises or any part thereof and which now are or hereafter shall or may be in the hands possession or custody of the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomar Tagore, Ramchunder Bidyabagish and Rammohun Roy, their heirs executors administrators or representatives or of any person or persons from whom he or they can or may procure the same without action or suit at Law or in Equity.
TO HAVE AND TO HOLD the said Messuage Building land tenements hereditaments and all and singular other the premises hereinbefore and in the said Indenture of bargain or sale described and mentioned and hereby granted and released or intended so to be and every part and parcel thereof with their and every of their rights members and appurtenances unto the said Boykontonauth Roy, Radapersaud Roy and Ramanauth Tagore, their heirs and assigns, but to the uses nevertheless upon the trusts and to and for the ends intents and purposes hereinafter declared and expressed of and concerning the same and to and for no other ends intents and purposes whatsoever (that is to say) TO THE USE of the said Boykontonauth Roy, Radapersaud Roy, Ramanauth Tagore or the survivors or survivor of them or the heirs of such survivor or their or his assigns UPON TRUST and in confidence that they the said Boykontonauth Roy, Radapersaud Roy, and Ramnauth Tagore or the survivors or survivor of them or the heirs of such survivors or their or his assigns shall and do from time to time and all times for ever hereafter permit and suffer the said messuage or building land tenements hereditaments and premises with their appurtenances to be used occupied enjoyed applied and appropriated as and for a place of public meeting of all sorts and descriptions of people without distinction as shall behave and conduct themselves in an orderly sober religious and devout manner for the worship and adoration of the Eternal Unsearchable and Immutab1e Being who is the Author and Preserver of the Universe, but not under or by any other name designation or title peculiarly used for and applied, to any particular being or beings by any man or set of men whatsoever, and that no graven image statue or sculpture carving painting picture portrait or the likeness of anything shall be admitted within the said messuages building land tenements hereditarnents and premises and that no sacrifice offering oblation of any kind or thing shall ever be permitted therein, and that no animal or living creature shall within or on the said messuage building land tenements hereditaments and premises be deprived of life either for religious purposes or for food, and that no eating or drinking (except such as shall be necessary by any accident for the preservation of life) feasting or rioting be permitted therein, or thereon and that in conducting the said worship and adoration no object animate or inanimate that has been or is or shall hereafter become or be recognized as an object of worship by any man or set of men shall be reviled or slightingly or contemptuously spoken of or alluded to, either in preaching prayer or in the hymns or other mode of worship that may be delivered or used in the said Messuage or Building, and that no sermon preaching discourse prayer or hymn be delivered made or used in such worship but such as have a tendency to the promotion of the contemplation of the Author and Preserver of the Universe, to the promotion of charity morality piety benevolence virtue and the strengthening the bonds of union Between men of all religious persuasions and creeds, and also that a person of Good repute and well known for his knowledge piety and morality be employed by the said Trustees or the survivors or survivors of them or the heirs of such survivor or their or his assigns as a resident superintendent and for the purpose of superintending the worship so to be performed as in hereinbefore stated and expressed, and that such worship be performed daily or least as often as once in seven days,
PROVIDED ALWAYS and it is hereby declared and agreed by and between, the parties to these presents, that in case the several Trustees in and by these presents named and appointed or any of them or any other succeeding Trustees or Trustee of the said trust estate and premises for the time being to be nominated or appointed as hereinafter is mentioned, shall depart this life or be desirous to be discharged of or from the aforesaid Trusts or shall refuse or neglect or become incapable by or in any manner to act in the said trusts, then and in such case and from time to time as often and as soon as any such event shall happen, it shall be lawful for the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomar Tagore, Ramchunder Bidyabagish and Rammohun Roy during their joint lives, or their survivors or survivor of them after the death of any or either of them, jointly and in concurrence with the Trustees or Trustee for the time being and in case of and after the death of the survivor of them, the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomar Tagore, Ramchunder Bidyabagish and Rammohun Roy, then for the said Trustees or Trustee by any deed or writing under their or his hands and seals or hand and seal to be attested by two or more credible Witnesses, to nominate substitute and appoint some other fit person or persons to supply the place of the Trustees or Trustee respectively so dying desiring to be discharged or refusing or neglecting or becoming incapable by or in any manner to act as aforesaid and that immediately after any such appointment shall be made, all and every the messuage or building land tenements and. hereditaments premises which under and by virtue of these presents shall be then vested to the Trustees, or Trustee so dying desiring to be discharged or refusing or neglecting or becoming incapable by or in any manner to act as aforesaid, shall be conveyed transferred assigned and assured so and in any such manner, that the same shall and may be legally fully and absolutely vested in the Trustees or Trustee so to be appointed in their or his room or stead either solely and alone or jointly with the surviving continuing or acting Trustees or Trustee as the case may require, and in his or their heirs or assigns to the uses upon the Trusts and to and for the several ends intents and purposes hereinbefore declared or expressed concerning the same; and that every such new Trustees or Trustee shall and may act and assist in the management carrying on and execution of the Trust to which they or he shall be so appointed (although they or he shall not have been invested with the seisin of the Trustees or Trustee to whose places or place they or he shall have succeeded) either jointly with the surviving continuing or other acting Trustees or Trustee or solely as the case may require. in such and the like manner and in all respects as if such new Trustees or Trustee had been originally appointed, by these presents,
PROVIDED LASTLY and it is hereby further declared and agreed by and between the said parties to these presents, that no one or more of the said Trustees shall be answerable or accountable for the other and others of them, nor for the acts defaults or omissions of the other or others of them, any consent permission or privity by any or either of them to any act deed or thing to or by the other or others of them done with an intent and for the purpose only of faciliting the Execution of the trusts of these presents notwithstanding, nor shall any new appointed Trustees or Trustee or their or his heirs or assigns be answerable or accountable for the acts deeds neglects defaults or omissions of any Trustees or Trustee in or to whose place or places they or he shall or may succeed, but such of them the said Trustees, shall be answerable accountable and responsible for his own respective acts deeds neglects defaults or omissions only AND the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomar Tagore, Ramchunder Bidyabagish and Rammohun Roy do hereby for themselves severally and respectively, and for their several and respective heirs executors administrators and representatives, covenant grant declare and agree with and to the said Boykontonauth Roy, Radapersaud Roy and Ramanauth Tagore, their heirs and assigns in manner Following (that is to say). that for and notwithstanding any act deed matter or thing whatsoever heretofore -by the said Dwarkanauth Tagore Kaleenauth Roy Prussunnocoomar Tagore Ramchunder Bidyabagish and Rammohun Roy or any either of them had made done committed willingly or willingly omitted or suffered to the contrary they the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomar Tagore, Ramchunder Bidyabagish and Rammohun Roy at the time of the sealing and delivery of these presents are or one of them is lawfully rightfully and absolutely seized in their or his demesne as of Fee in their or his own right and to their or his own use of the said messuage building land tenements hereditaments and premises mentioned and intended to be hereby granted and released with the1appurtenances both at Law and in Equity as of in and for a good sure perfect and indefeasible estate of inheritance in fee simple in possession and in severally without any Condition Contingent Trust Proviso power of limitation or revocation of any use or uses or any other restraint matter or thing whatsoever which can or may Alter Change Charge determine lessen incumber defeat prejudicially - affect or make void the same or defeat determine abridge or vary the uses or trusts hereby declared and expressed and also that they the said. Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomer Tagore, Ramchunder Bidyabagish and Rammohun Roy (for and notwithstanding any such act deed matter or thing as aforesaid) or some of them now have in themselves or one of them hath in himself full power and Lawful and Absolute Authority by these presents to grant bargain sell release and assure the said messuage land tenements hereditaments and premises mentioned and intended to be hereby granted and Released with the appurtenances and the possession reversion and inheritance thereof unto and to the use of the said Boykontonauth Roy Radapersaud Roy and Ramanauth Tagore and their heirs to the uses upon the Trusts and to and for the ends intents and purposes hereinbefore expressed or declared of and concerning the same according to the True intent and meaning of these presents
AND FURTHER that said messuage or building land tenements hereditaments and premises with their rights members and appurtenances shall from time to time and at all times - hereafter remain continue and be to the use upon the Trustees and for the ends intents and purposes hereinbefore declared or expressed concerning the same, shall lawfully may be peaceably and quietly holden and enjoyed and applied and appropriated accordingly without the let suit hindrance claim demand interruption or denial of the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomer Tagore, Ramchunder Bidyabagish and Rammohun Roy or any or either of them or any or either of their heirs representatives or of any other person or persons now or hereafter claiming or to claim or possessing any estate right title trust or interest of into or out of the same or any part or parcel thereof by from under or in trust from them or any or either of them and that free and clear and clearly and absolutely acquitted exonerated and discharged or otherwise by the said Dwarkanauth Tagore Kaleenauth Roy Prussunnocoomar Tagore Ramchunder Bidyabagish and Rammohun Roy or any or either of them their or any or either of their heirs executors administrators and representatives well and sufficiently saved harmless and kept indemnified of from and against all arid all manner of former and other gifts grants bargains sales Leases Mortgages uses wills devises rents arrears of rents estates titles charges and other incumbrances whatsoever had made done committed created suffered or executed. by the said Dwarkanauth Tagore Kaleenauth Roy Prussunnocoomar Tagore Ramchunder Bidyabagish and Rammohun Roy or any or either of them or either of their heirs or representatives or any person or persons now or hereafter rightfully claiming or possessing any estate right title or interest at Law or in Equity from through under or in trust for them or any or either of them or with their or any of their or either of their consent privity or procurement or acts means or defaults
AND MOREOVER that the said Dwarkanauth Tagore, Kaleenauth Roy, Prussunnocoomar Tagore, Ramchunder Bidyabagish and Rammohun Roy or their heirs and representatives and all and every other person or persons whomsoever now or hereafter lawfully equitably and rightfully claiming or possessing any estate right title use trust or interest either at Law or in Equity of into upon or out of the said messuage land tenements hereditaments and premises mentioned or intended to be hereby granted and released with the appurtenances or any part thereof by from under or in trust for them or any or either of them shall and will from time to time and at all times hereafter at the reasonable request of the said Boykontonauth Roy Radapersaud Roy and Ramanauth Tagore or the survivors or survivor of them or their heirs of the survivor of their or his assigns make do acknowledge suffer execute and perfect all and every such further and other lawful and reasonable acts things deeds conveyances and assurances in the Law whatsoever for the further better more perfectly absolutely and satisfactorily granting conveying releasing confirming and assuring the said messuage or building land tenements hereditaments and premises mentioned to be hereby granted and released and every part and parcel thereof and the possession reversion and inheritance of the same with their and every of their appurtenances unto the said Boykontonauth Roy Radapersaud Roy and Ramanauth Tagore or other the Trustees or Trustee for the time being and their heirs for the uses upon the Trusts and to and for the ends intents and purposes hereinbefore declared, and expressed as by the said Trustees and Trustee or his or their counsel learned in the Law shall be reasonably devised or advised and required so as such further assurance or assurances contain or imply in them no further or other Warranty or Covenants op the part of the person or persons who shall be required to make or execute the same then for or against the acts deeds omissions or defaults of him her or them or his her or their heirs executors administrators and so that he she or they be not compelled or compellable to go or travel from the usual place of his / her or their respective abode for making or executing the same.
IN WITNESS whereof the said parties to these presents have hereunto subscribed and set their hands and seals the day and year first within written.
Sealed and delivered at Calcutta aforesaid in the presence of
Dwarkanauth Tagore
Colleynauth Roy
Prussunnocoomar Tagore
RamChunder Bidyabagish (in Bengali script)
Ram Mohun Roy
Ramnauth Tagore
Radapersaud Roy
Boycontnauth Roy
Witnesseth
Ramgopaul Dey
J Fountain (Atty. at Law)
