in hand paid by the faid H. H. at or before the execution of thefee prefents, the receipt whereof is hereby acknowledged, he the faid A. A. and at his requeft, and by his direction and appointment, (teftified by his being a party to, and his fealing and delivery of these prefents) the faid D D. hath, and each of them hath granted, bar gained, fold and demifed, and by these presents do, and each of them doth grant, bargain, fell and demife unto the faid H. H. his executors, adminiftrators and affigns, ALL that meffuage or tenement, with the barns, ftables, outhoufes, orchard, garden, yard, and acres of pafture-ground, more or lefs, thereunto belonging, or therewith used or enjoyed, fituate, lying and being in in the faid -, and all that clofe of pafture-ground lying and aforesaid, containing by eftimation county of being in and acres roods, more or lefs, and called by the name of and all that other close of pafture-ground there, containing by estiacres, more or lefs, and all that other close mation acres, of pafture-ground there, containing by eftimation more or lefs; and all that other clofe of pafture-ground there, containing by eftimation acres, more or less, and called by the name of - ; and alfo one other close of pasture-ground there, containing by eftimation acres, more or lefs; and one other clofe of, &c. ALL which faid mefluages, lands, hereditaments, and miffes hereby, or mentioned to be hereby demifed, now are, or late were, in the tenure, poffeffion or occupation of L. L. his affigns, leffces or under-tenants; and alfo all houses, buildings, barns, ftables, gardens, orchards, woods, underwoods, commons, paftures, ways, waters, water-courfes, profits, commodities and hereditaments whatfoever, to the fame meffuages, lands, pafture-grounds, hereditaments and premiffes, in the faid county of were lately purchafed by the faid A. A. in the names of himself and the faid D. D. his trustee, of and from M. M. of in the faid county of and -, gent. and others, by indentures of leafe and release, bearing date refpectively the days of laft paft, before the date of these prefents; and alfo all other the meffuages, lands, grounds and hereditaments whatfoever, of him the faid A. A. ia aforefaid, fo purchafed as aforefaid, with their appurtenances; and the reverfion and reverfions, remainder and remainders, yearly and other rents, iffue and profits thereof, and of every part and parcel thereof; To have and to hold the faid mefluages, lands, grounds, hereditaments, and all and fingular other the premiffes hereby, or mentioned to be hereby granted and demifed, with their and every of their appurtenances, unto the faid H. H. his executors, adminiftrators and affigns, from the day next before the day of the date of thefe prefents, for and during the full time and term, and unto the full end and term of — years, from thence next enfuing, and fully to be compleated and ended, without impeachment of or for any manner of wafte. Provided always, nevertheless, and upon this exprefs condition, that in cafe the faid A. A. his executors executors or administrators, fhall and do well and truly pay, or canfe to be paid, unto the faid S. N. or her affigns, for and during the term of her natural life, the aforefaid annuity or yearly rent-charge of. as the fame fhall from time to time become due and payable, and fhall and do, from time to time, and at all times hereafter, fave, defend, keep harmless and indemnified, the said H. H. his heirs, executors, adminiftrators and affigns, and every of them, and his, their, and every of their lands and tenements, goods and chattels, and particularly the faid capital meffuage, farm, lands, hereditaments and premiffes fo fold and conveyed unto, and to the use of him the faid H. H. his heirs and affigns as aforefaid, of, from, and against the fame annuity or yearly rent-charge, and all arrears thereof, and every part thereof, and of, from, and against all actions and fuits at law or in equity, and all remedies whatsoever, which fhall or may be commenced, brought, profecuted or taken, for or by reafon, or on account of the non-payment or not due payment of the fame annuity and arrears, or any part thereof, and all lofs, cofts, charges, damagas and expences, which he the faid H. H. his heirs, executors, adminiftrators and affigns, or any of them, fhall or may fuftain, expend or be put unto, for or by reafon or means of such non-payment, or not due payment, as aforefaid, or otherwise how foever, for or on account of the fame annuity and arrears, or any part thereof; then and in fuch cafe, and at all times from and after the decease of the faid S. N. and payment of all arrears which shall be then due of her faid annuity or yearly rent-charge of pounds, together with all fuch lofs, cofts, charges, damages and expences, as fhall or may have been fuftained, paid or occafioned, for or by reason of any breach which fhall or may have been made of or in the performance of the faid provifo and conditions, the said term of years, of and in the premiffes fhall ceafe, determine, and be utterly void to all intents and purposes, any thing herein before contained to the contrary notwithstanding. Provided alfa, and it is hereby declared and agreed by and between the faid H. H. and A. A. that in the mean time, and until breach fhall be made of or in performance of the faid provifo and condition firft herein before contained, it fhall and may be lawful to and for the faid A. A. his heirs and affigns, peaceably and quietly to have, hold and enjoy the faid meffuages, lands, grounds, hereditaments and premiffes, hereby, or mentioned to be hereby granted and demifed, with their appurtenances, and to receive and take the rents and profits thereof, and of every part thereof, to and for his and their own ufe and benefit, without the lawful Jet, fuit, trouble, denial, eviction or interruption, of or by the faid H. H. his executors, adminiftrators or affigns, or of or by any other perfon or perfons lawfully claiming or to claim, from, by or under, or in truft for him, them, or any of them. AND the faid A. Á. doth hereby for himfelf, his heirs, executors and administrators, covenant, promife, grant and agree, to and with the faid H. H. his heirs, executors, adminiftrators and affigns, in manner following; that that is to fay, that it shall and may be lawful, to and for the faid H. H. his executors, adminiftrators and affigns, from time to time, and at all times, from and after breach fhall be made of or in the performance of the faid provifo and condition firft herein before contained, peaceably and quietly to enter into, have, hold and enjoy the faid meffuages, lands, grounds, hereditaments and premifles hereby, or mentioned to be hereby granted and demifed, with their appurtenances, and receive and take the rents and profits thereof, for and during all the then refidue of the faid term of years therein, without the lawful let, fuit, trouble, denial, eviction or interruption of or by the faid A. A. his heirs or affigns, or of or by any other perfon or perfons whofoever; and that free and clear of and from all eftates, titles, troubles, charges and incumbrances whatsoever. And moreover, that he the said A. A. and his heirs, and all other perfons lawfully claiming or to claim any eftate, right, title, truft or intereft, of, in, to or out of the faid hereby, or mentioned to be hereby granted and demifed premiffes, or any part thereof, fhall and will, at any time or times after breach fhall happen to be made of or in performance of the faid provifo and condition firft herein before contained, upon the request, and at the cofts and charges in the law, of the faid H. H. his executors, administrators or affigns, make, do and execute, or cause or procure to be made, done and executed, all fuch further and other lawful and reafonable acts, deeds and things, devices, conveyances and affurances in the law whatfoever, for the further, better, more perfect and abfolute conveying and affuring of the faid meЛluages, lands, grounds, hereditaments and premifles, hereby, or mentioned to be hereby granted and demifed, with their appurtenances, unto the faid H. H. his executors, administrators and affigns, from thenceforth, for all the then refidue of the faid term of therein, without impeachment of wafte, difcharged of the aforefaid provifo and condition, or any equity thereupon, as by the faid H. H. his executors, adminiftrators or affigns, or his or their counfel learned in the law, fhall be reafonably advifed or devifed and required. And the faid D. D. doth hereby for himfelf, his heirs, executors and adminiftrators, covenant, promife and agree, to and with the faid H. H. his executors, adminiftrators and affigns, that he the faid D. D. hath not heretofore done or committed any act, matter or thing whatsoever, whereby, or by means whereof the faid meffuage, lands, grounds, hereditaments and premiffes hereby, or mentioned to be hereby granted and demifed, or any part thereof, is, are, fhall or may be impeached, charged or incumbered, in title, charge, eftate, or otherwise how foever. And laftly, the faid A. A. doth hereby, for himself, his heirs, executors and adminiftrators, covenant, promife and agree, to and with the faid H. H. his executors, adminiftrators and affigns, that the faid A. A. his heirs, executors or administrators, fhall and will at any time or times hereafter during the natural life of the faid S. N. on every reasonable request, and at the cofts and charges of the faid H. H. his executors, adininiftrators or affigns, 27 Hh years (unless (unless hindered or prevented by fire or other inevitable accident) produce and fhew forth, or caufe to be produced and fhewn forth, unto the faid H. H. his executors, adminiftrators or affigns, or to his or their counsel or agents, or at any trial or hearing in any court of law or equity, or otherwife, as occafion fhall be or require, all and every, or any of the deeds, evidences and writings in the fchedule derwritten nientioned, for the evidencing, maintaining and defending the title of him the faid A. A. in and to the faid meffuages, lands, hereditaments and premiffes hereby, or mentioned to be hereby granted and demifed, and the right of them the faid A. A. and D. D. to grant and demife the fame in manner aforefaid. IN WITNESS, &c. Sealed, &c. 41 Demife by Way of collateral Security to a Purchafer. Lands being charged by a Will with Debts and Legacies, and devifed for feveral particular Eftates, and finally devifed in Fee to a Feme Sole, who was also Heir at Law: She marries; and she and her Husband having fold Part to one who fold the fame to another, the Vendors demife other Lands to the fecond Purchaser, as a collateral Security against Debts and Legacies; and their Trustees of certain Terms covenant to ftand poffeffed in Trust for the Purcbafer. T day of HIS Indenture quinquepartite, made the 17 and in the fecond year of the reign of our fovereign 17Lord George the second, &c. between A. A. of, &c. Efq; and B. his wife, fifter and heir of Sir C. C. of, &c. Baronet, deceased, of the first part, D. D. of, &c. Esq; of the second part, E. E. of, &c. of the third part, F. F. of, &c. executor of the last will and teftament of L. L. late of, &c. deceased, of the fourth part, and H. H. of the town of, &c. executor of the laft will and testament of L. L. late of, &c. deceased, of the fifth part. WHEREAS the faid Sir C. C. did in and by his laft will and teftament in writing by him duly made and publifhed, bearing date on or about the day ofwhich was in the year of our Lord 17, among other things, will, that all his debts, legacies and funeral expences, fhould be paid out of his real eftate; and to the true payment thereof, he did by his faid will fubject and charge, all his manors, lands, tenements and hereditaments whatsoever; and he gave and devised unto D. O. C. his then wife, long fince deceated, fo long as the fhould continue his widow and unmarried, all his manors, meffuages, lands, tenements and herecitaments whatfoever, for her better livelihood and maintenance, fub jea ject to the payment of the intereft of his debts, at the rate of pounds per cent. per annum. AND further willed, that his faid wife, her executors, adminiftrators and affigns, fhould have what she should pay for or in fatisfaction of his debts, or for his funeral expences, with all arrears of intereft thereof, and after the determination of the eftate thereby devifed to the faid D. O. C. he the faid teftator did give and bequeath all his manors, meffuages, lands, tenements and hereditaments whatsoever, fubject nevertheless to the payment of his debts, and all intereft thereof, and of all fuch fum and fums of money which his faid wife fhould pay for or towards fatisfaction of his debts and funeral expences, and fubject to the payment of his legacies, and any fum or fums of money which his faid wife fhould by her last will in writing, or any other writing by her fubfcribed and fealed in the prefence of three credible perfons, charge or appoint to be paid thereout, not exceeding the fum of pounds in the whole, and the reverfion and reverfions, remainder and remainders thereof, unto the faid B. wife of the faid A. A. by the name of his fifter Mrs. B. C. of, &c. fpinfter, her heirs and affigns for ever, fubject to the provifo and condition in the fame will in that behalf mentioned and contained; and which hath been fince duly performed on the part of her the faid B. AND the faid Sir C. C. did in and by his faid will, give and bequeath to the feveral perfons in the schedule thereunto annexed mentioned, the feveral fums of money and legacies in the faid schedule mentioned, and of his faid will made the faid D. O. C. his then wife fole executrix. In and by which faid fchedule the faid teftator gave several fums of money and legacies to feveral perfons therein named, to be paid within one year after his death, or as foon as money could be raised for it; and likewife feveral other fums of money and legacies, to feveral other perfons in the fame schedule named, to be paid within one year after the decease or marriage of his faid then wife, or as foon after as money could be raised for it. AND the faid Sir C. C. afterwards by a codicil to his faid will confirmed the fame will, and thereby gave feveral further fmall legacies to feveral other perfons in the faid codicil named, to the payment of all which he subjected his whole estate; as by the faid recited will, schedule and codicil, afterwards duly proved in the prerogative court of Canterbury, relation being thereunto refpectively had, may more fully appear. AND whereas fome years after the decease of the faid Sir C. C. divers manors, meffuages, lands and hereditaments, late part of the real estate of the faid Sir C. C. were in purfuance of his faid will, and of one or more decree or decrees of the High Court of Chancery, fold and conveyed away in order to raife monies for the payment of his debts, legacies and funeral expences charged on his faid real estate as aforefaid, and by and with the monies fo raifed, or otherwise, all the faid funeral expences, and many of the faid debts and legacies of the faid Sir G. C. appear to have been long fince paid and satisfied; but it is at prefent uncertain whether the whole of Hh 2 the |