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fent of the faid T. T. R. R. and S. S. hath lately contracted and agreed with W. W. doctor in divinity, for the abfolute purchase of a certain meffuage, and divers lands, tenements, and hereditaments in in the county of for the fum of. pounds, of lawful money of Great Britain, for which purchase the faid mafter hath this day paid to the faid W. W. the faid fum of pounds, being part of the faid fum of pounds, fo brought before, and paid into the hands of the faid mafter as aforefaid, as by certain indentures of leafe, bearing date the day next before the day of the date hereof, the releafe being quadrupartite, and bearing even date herewith, and made, or mentioned to be made, between the faid W. W. of the first part, and the faid N. N. and A. his wife of the fecond part, and the faid R. R. and S. S. of the third part, and the faid T. T. of the fourth part, may appear, the fame being a conveyance and fettlement of the faid meffuage, lands, tenements, and hereditaments laft mentioned, in pursuance of the faid recited articles; AND WHEREAS by indenture bearing date the day

of

which was in the year of our Lord

and

made, or mentioned to be made, between the faid N. N. by the name of N. N. of &c. Gent. of the one part, and the faid F. E. of the other part, in confideration of the fum of pounds by the faid F. E. to the said N. N. in hand paid, he the faid N. N. did demife, grant, bargain, and fell unto the faid F. E. ALL that the moiety or half part of the manor of with the appurtenances, in the county of

manor of

, and alfo the moiety or half part of the with the appurtenances, in the county of

and alf the moiety or half part of the feveral grounds and lands therein and herein after mentioned and expreffed, that is to fay &c. ALL which faid premises then, late or then were in the tenure or occupation of &c. And also the moiety of all other the meffuages, lands, tenements, and hereditaments, fituate, lying, and being in aforefaid, or elfe

and

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or in

where, in the faid counties of either of them, whereof, or wherein H. H. and J. his wife, herein after named, or either of them, had any eftate or intereft in poffeffion, reverfion, or remainder, and alfo all ways, eafements, paffages, freedoms, liberties, trees, woods, under-woods, hedges, hedge-rows, ditches, waters, water-courfes, commons, commodities, advantages, emoluments, hereditaments, and appurtenances whatfoever, to the faid moiety of the faid premifes, or either of them, belonging, or in any wife appertaining, or to or with the fame, or any part thereof, ufed, occupied, or enjoyed, or accepted, reputed, or taken, as part, parcel, or member thereof, and the reverfion and reverfions, remainder and remainders thereof, and all the cftate, right, title, intereft, truft, use, benefit, property, claim, and demand whatfoever, of him the faid N. N. of, in, or to the premifes, or of, in, or to any part or parcel thereof, TO HOLD unto the faid F. E. his executors, administrators, and affigns, from the making of the fame indenture, for the term of

years, without impeachment of wafte, at and under the yearly rent

of

the fum of

day of

of a pepper corn, under a provifo to be void on the payment of pounds, of lawful money of Great Britain, by the faid N. N. his heirs, executors, adminiftrators, or affigns, unto the faid F. E. his executors, administrators, and affigns, on the then next enfuing; AND WHEREAS by one other indenture, tripartite, bearing date the which was in the year &c. and made, or mentioned to be made, between the faid N. N. of the first part, and the faid L. L. of the fecond part, and the faid F. E. of the third part, (reciting, that by indenture tripartite, bearing date the

day of

day of then laft paft, and made, or mentioned to be made, between the faid H. H. by the name of H. H. of &c. doctor in phyfic, and 7. his wife, of the first part, the faid N. N. of the fecond part, and J. K. and L. L. Efqrs. of the third part, the faid moiety of the faid manors, lands, tenements, hereditaments, and premifes, was limited to the use of the faid N. N. for the term of his natural life, without impeachment of wafte, and from and after his decease, to the ufe of the executors, adminiftrators, and affigns, of the faid N. N. for the term of years then next enfuing, without impeachment of wafte, with divers remainders over, by which indenture, It is provided and agreed between the parties thereto, that the faid term of years was fo limited, upon condition that in case he or they to whom the next and immediate remainder or eftate expectant upon the faid term fhould belong, did, and fhould, within fix months next after the decease of the faid N. N. well and truly pay, or cause the fum of — pounds of lawful money

of Great Britain, to be paid unto the executors, adminiftrators, or affigns of the faid N. N. together with intereft for the fame, after the rate of 51. per cent. from the time of the death of the faid N. N. until actual payment of the said sum of

from and after the payment of the faid fum of the intereft thereof, the said term of

pounds, that then pounds, and

years fhould cease

and become void), It is by the faid indenture of the of

of the fum of

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day of

day in the year &c. witnessed, that in confideration pounds of lawful money of Great Britain by the said F. E. unto the faid N. N. in hand paid (being the fame fum of- pounds mentioned to be the confideration-money of the faid indenture of the --, in the year &c.) and in confideration of five shillings of like lawful money by the faid L. L. to the faid N. N. in hand paid, and for divers other good caufes and confiderations the faid N. N. by and with the direction and appointment of the faid F. E. did bargain, fell, affign, transfer, and fet over, unto the faid L. L. the faid moiety of the faid manors, lands, tenements, hereditaments, and premifes laft mentioned, and all the eftate, right, title, intereft, truft, ufe, benefit, property, claim, and demand whatsoever of him the faid N. N. of, in, or to the faid premises, or of, in, or to any part or parcel thereof, TO HOLD unto the faid L. L. his executors, adminiftrators, and affigns,

from

from the making of the faid indenture of the

ed term of

day of

day of

c. for all the reft and refidue of the faid laft mentionyears therein In truft, nevertheless for the faid F. E. his executors, adminiftrators, and affigns, under a provifoe to be void on payment of the said sum of pounds by the faid N. N. his heirs, executors, adminiftraters, or affigns, unto the faid F. E. his executors, adminiftrators, and affigns, upon the faid then next enfuing, as by the faid three feveral recited indentures, relation being thereunto respectively had, may more fully and at large appear; AND WHEREAS the faid fum of pounds, principal money, or any part thereof, was not paid at the day in the faid recited indentures of the —. and Et, for that purpose limited, whereby the faid feveral terms, efta:es, and interefts of them the faid F. E. and L. L. his truftee of and in the faid premifes became abfolute in law; AND WHEREAS by one other indenture tripartite, bearing date on or about the

day of

-, which was in the year of our Lord

day of

and

of the first

made, or mentioned to be made, between the faid F. E. part, the faid L. L. of the fecond part, and the said A. A. and B. A. of the third part, reciting the herein before recited mortgage, and fecurity made to the said F. E. as aforefaid, And also reciting leveral other affignments, grants, and mortgages of feveral other lands, tenements, and hereditaments, for feveral other terms and estates, and feveral other fecurities for fecuring unto the faid F. E. his executors, adminiftrators, and affigns, the payment of feveral other fums of money, and the intereft thereof, in the faid laft mentioned third indenture tripartite, fpecified, mentioned, and fet forth, he the faid F. E. for the confiderations therein mentioned, DID bargain, fell, affign, and set over, unto the faid A. A. and B. A. (among other eftates and fecurities in and by the fame indenture affigned, or mentioned to be affigned), ALL and every the premifes in and by the faid recited. indentures of the &c. mentioned to be demifed, granted, and affigned, And all monies, principal and intereft, due, and to grow due, on the fame fecurities, TO HAVE AND TO HOLD all and fingular the faid laft mentioned premises, with their appurtenances, (among other the estates and fecurities in and by the faid indenture of the

and

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of

day of

&c. affigned, or mentioned, or intended fo to be), unto the faid A. A. and B. A. their executors, adminiftrators, and affigns, from henceforth for all the reft and refidue then to come and unexpired, of the faid feveral terms and eftates therein, in as full, ample, and beneficial a manner, to all intents and purpofes whatfoever, as the faid F. E. might or could have enjoyed the fame, if the faid laft mentioned indenture had not been made; fubject nevertheless to the truft therein, mentioned and declared, that is to fay, as for and concerning the principal fums of money, in and by the faid laft mentioned indenture mentioned to be lent unto the faid N. N. and other

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the premises therein named and fecured up the feveral and refpective mortgages, and other fecurities therein mentioned In truft, that the faid A. A. and B. A. and the furvivor of them, and the executors and adminiftrators of the furvivor of them, fhould, from time to time, by and with the confent and good liking of the faid L. L. and as he fhould direct and appoint, call in, and in due form of law recover and receive of and from the said N. N. and other the feveral and refpective mortgages and obligations in the fame indenture tripartite mentioned, the feveral and refpective fum and fums of money therein mentioned, to be fecured in the feveral fecurities therein recited and owing, or any of them, and as the fame fum and fums of money respectively, or any of them, fhould be fo called in, recovered, and received in truft as aforefaid, that they the faid A. A. and B. A. and the furvivor of them, and the executors and adminiftrators of fuch furvivor, fhould pay and deliver the fame into the hands of the faid L. L. to be by him difpofed of, or placed out on fuch other fecurities on the funds of the government, or otherwise in trade or merchandize as he should think fit; AND as for the intereft of the faid feveral fum and fums of money, the fame was by the faid laft mentioned indenture agreed to be applied and difpofed of during the natural life of the said F. E. upon fuch trusts, intents, and purposes, as are herein mentioned and expreffed concerning the fame; and after the decease of the said F. E. then upon this further trust, that the faid A. A. and B. A. or the furvivor of them, or the executors or administrators of such furvivor, fhould and might raife and pay out of the fame fums of money and premises, and every the fum and fums of money which in and by the last will and teftament of the faid F. E. fhould be bequeathed to the feveral perfons in a fehedule to the fame indenture annexed mentioned, and in fuch fums, and proportions, as in the said schedule are mentioned and expreffed, or which fhould be given or bequeathed to any other perfon or perfons whatfoever, in or by the faid laft will; provided, that fuch fum and fums of money, or legacies fo to be given, did not exceed in the whole or grofs fum, the fum and fums in the faid fchedule mentioned; AND after the deceafe of the faid F. E. and the railing and paying the faid feveral fums of money to the faid feveral perfons in the said schedule mentioned, or to any other person or perfons whatfoever, not exceeding in the whole the fum in the faid fchedule mentioned, then In truf, that they the faid A. A. and B. A. or the the furvivor of them, or the executors or adminiftrators of fuch furvivor of them, fhould permit and fuffer the faid L. L. his executors, adminiftrators, and affigns, to have, receive, and take all the reft and refidue of the faid feveral fums of money fo fecured on the faid feveral mortgages, and other fecurities, and every of them, or which fhould be put out to intereft, on any other fecurities in the funds of the government or company's ftocks, or employed in trade, or merchandize, or otherwife how foever, to his and their own proper ufe and behoof, as his and their own proper monies and fecurities, and should abfolutely affign over unto the faid L. L. his executors or adminiftrators, all and fingular the before mentioned fecurities,

fecurities, and all and every other fecurity and fecurities that then might be had and taken, for or in lieu of the therein recited fecurities, and every or any of them, difcharged of and from all truft whatfoever, as by the faid indenture of the --- day of, in the year &c. relation being thereunto had, may more at large appear; AND WHEREAS after the making of the faid laft mentioned indenture, and after the death of the faid L. L. the faid F. E. in his life-time exhibited his bill of complaint in the High Court of Chancery, as plaintiff against the faid 7. G. by the name of J. L. and against O. O. (who was then joint adminiftrator with the will annexed of the faid L. L. with the faid M. M. in truft for the faid 7. L. during her minority), and against the faid M. M. A. A. and B. A. as defendants, to fecure and enforce the performance of the faid trufts in the faid laft mentioned indenture expreffed; and the faid cause coming on to be heard before the right honourable the late mafter of the rolls, on the —— day of

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in the

year of the reign of his prefent Majesty King George the Third, It was (among feveral other things therein mentioned) ordered and decreed, that the intereft of all the faid fums in the fame indenture mentioned, making together in the whole, the fum of pounds, fhould be paid to the faid F. E. during his life, and that the feveral fums pounds, and pounds, (making togther the fum

of

of - pounds) fheuld be paid to the executors or adminiftrators of the faid F. E. or otherwife after his deceafe, as he the faid F. E. fhould appoint out of the principal monies mentioned in the feveral fecurities by the faid laft mentioned indenture affigned, and the faid whole fum of pounds was thereby declared to be

affets of the faid L. L. liable to the payment of the faid feveral fums, and the intereft before mentioned, and the faid defendants in the faid caufe were thereby injoined from receiving any part of the faid principal fums, until the fame fhall be paid and fatisfied, which decree and proceedings in Chancery now ftand revived fince the abatement thereof, by the death of the faid F. E. as by the faid decree, and other proceedings in the faid caufe now remaining, as of record in the faid court of Chancery, relation being thereunto had, may more at large appear; AND WHEREAS the faid F. E. in and by his last will and teftament, bearing date the in the year &c. and by the codicils thereunto annexed, did direct and appoint the faid fum of pounds, to be paid to the faid F. E. for the payment of his legacies, and other purpofes in the faid will mentioned; AND ALSO by the deed poll or appointment, bearing date the which was in the year &c. and by one of the codicils to his faid will did, purfuant to the last mentioned decree, direct and appoint, that the faid fum of pounds, which makes up the faid fum

day of

day of

pounds, fhould alfo be paid to the faid F. E. after his decease, out of the truft-monies aforefaid; AND WHEREAS by a fubfequent order made in the fame caufe, on the

day of

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