the sd rectory and the sd (obligor) hath agrd in that event to resign the sd rectory or living upon the request of the sd (obligee)

No.

CCCXXIV.

Το

or the owner of the sd rectory for the time being in order that resign Living. any son so taking holy orders may be presented thereunto.

Now &c. see ante, No. CCLXX. That if the sd (obligor) shall Condition. procure himself to be legally admitted &c. into the sd rectory as afd And also if he shall continue to reside in and upon the sd parsonage of &c. for so long time as he shall be rector there witht procuring or accepting any qualification or licence from any psn or psns whomsoever whby to dispense with the sd (obligor's) residence in or upon the sd parsonage And also if any son of the sd (obligee) shall take orders and the sd (obligee) or the owner of the sd rectory for the time being shall present such son of the sd (obligee) to the sd rectory and the sd (obligor) within calr months after request made to him for that purpe do and shall resign the sd living to the bishop of the diocese for the time being and cause such resignation to be accepted so that the sd rectory may become vacant And also within the same month give notice of such resignation to the sd (obligee) her exs ads or ass Then &c. see ante, No. CCLXX.

Common Form of a Respondentia Bond, see post, SHIPPING.

No. CCCXXV.

Bond for securing a Sum of Money by the intended Husband to the Wife, and the Issue of the Marriage.

Obs. A bond conditioned for the payment of money after the obligor's death, given to a woman in contemplation of the obligor's marrying her, and intended for her benefit, is held to be a good marriage contract at law, and is not extinguished by the subsequent marriage of the parties, Milbourne v. Ewart, 5 T. R. 381. Courts of equity consider such bonds as agreements for a settlement of which specific performance will be strictly enforced, as well for the benefit of the issue of the marriage as for the wife, Prebble v. Boghurst, 1 Swan. 309.

VOL. I.

TT

Νο. CCCXXV.

To secure Money to Wife.

No. CCCXXV.

To secure

Money to Wife.

Obligation.

Recitals.

Condition.

Know all &c. That &c. see ante, No. CCLXVII.

Whas a marre is intended to be shortly had and solemnized betn the above-bounden (obligor) and M. the daur of the abovenamed R. P. And whas the sd (obligor) in conson of the marriage portion or fortune of the sd M. P. hath agreed that if the sd intended marre shall take effect and the sd M. P. shall happen to survive him the sd (obligor) and there shall not be any child or chn of the sd marre nor any issue of any such child or chn then living or afterwards born alive the sum of £ shall be pd out of his este and effects unto the above-named (obligees) or the survor of them or the exs &c. upon trust to pay the same to the sd M. P. for her own proper use and bent but in case the sd M. P. shall happen to survive him the sd (obligor) and there shall be any child or chn of the sd marre or any issue of such child or chn then living or aftwds born Then and in such case the hrs exs or ads of the sd (obligor) shall within mths next after his dece well and truly pay or cause to be pd unto the sd (obligees) or the survor &c. the full sum of £ upon the trusts hnafter mentd

Now &c. see ante, No. CCLXX. That if the sd intended marre shall take effect and the above-named M. P. shall happen to survive the sd (obligor) and there shall not be any child or chn of the sd marre nor any issue of such child or chn who shall be living at the dece of him the sd (obligor) or aftwds born Then and in such case if the hrs exs or ads of the sd (obligor) shall immly after the dece of the sd (obligor) well and truly pay or cause to be paid unto the sd (obligees) or the survor &c. the full and just sum of £ of lful money of &c. upon trust to pay the same unto the sd M. P. for her own proper use and bent or in case the sd M. P. shall happen to survive the sd (obligor) and there shall be any child or chn of such marre or any issue of such child or chn living at such the dece of him the sd (obligor) or aftwds born alive then and in such case if the hrs exs or ads of the sd (obligor) shall and do within mths next after the dece of him the sd (obligor) well and truly pay or &c. unto the sd (obligees) or the survor &c. the full and just sum &c. upon the trusts and to and for the intents and purps hnafter mentd and expssd of and concerning the same that is to say upon trust that they the sd (obligees) or the survor &c. do and shall as soon as

To secure

conveniently may be after the rect of the sd sum of £ lay No. CCCXXV. out and invest the same in the purchase of such parliamentary Money to Wife. or government secty or secties as they shall think fit and pay to or orwise permit and suffer the sd M. P. or her ass to rece and take the int divds and prfts during her natural life And from and immly after der dece In trust that they the sd (obligees) or the survor &c. do and shall pay and dispose of the sd sum of £ and assign and transfer the secties wherein the same shall be then vested unto and equally among all and evy the child and chn of the body of the sd (obligor) on the body of the sd M. P. his intended wife to be begotten that shall be living at the time of the dece of the sd M. P. and the issue which shall be then living of such child or chn of the sd (obligor) and M. P. as shall happen to die in the lifetime of the said (obligee) or M. P. such issue nevss to take only the same share and proportion thof as his her or their respive father or mother would have been intitled to if living at the dece of the sd M. P. Then &c. see ante, No. CCLXX.

No. CCCXXVI.

No.

CCCXXVI.

Bond for securing a Sum of Money and conveying all the Es- To settle Money,

tates of which the Obligor shall become seised during his life, for the Benefit of his Wife and the Issue of the Marriage.

Obs. As to a bond for settling estates, see Obs. last Precedent.

Know all &c. That &c. see ante, No. CCLXVII.

Whas &c. (recite intended marriage, see last Precedent) And whas the sd (I. H.) in conson of the sum of £

to be paid to

him at or before the marre and as the marre portion or fortune of the sd (I. W.) And also in conson of the love and affection which the sd (I. H.) bears to the sd (I. W.) and for making a provision for the sd (I. W.) and the issue of the sd intended marre in case the same shall take effect Hath agrd not only to pay such a sum of money to such psns and at such times as is hnaftr mentioned but also that if at any time during the term of his natural life he shall be seised of any messes tents lds or heredts in posson he will by such good conveyances in the law

&c.

No.

CCCXXVI.

as counsel shall advise settle the same upon the sd (I. W.) and

To settle Money, the issue of the sd intended marre in such pts and proportions

&c.

and to such use and uses as shall be thought requisite the better to make a provision for the sd (I. W.) and the issue of the sd intended marre

Now &c. see ante, No. CCLXX. That if the sd intended marre shall take effect and the sd (I. W.) shall survive the above-bounden (I. H.) Then if the hrs exs ads or ass of the sd (I. H.) shall within months next after his dece pay to (trustees) or the survor of them or the exs or ads of such survor the sum of £ In Trust for the sd (1. W.) her exs &c. And also if the sd intended marre shall take effect and the sd (I. H.) shall survive the sd (I. W.) and there shall be any child or chn of the sd intended marre living at the time of the dece of the sd (I. H.) Then if the hrs exs or ads of the sd (I. H.) shall within mths next after his dece pay the sum of £ to the sd (trustees) or the survor &c. In Trust to pay and distribute the same unto and amongst all and evy the child and chn of the sd intended marre share and share alike if there shall be more than one and if but one then wholly to that one at the respive age or ages of 21 yrs And in the mean time to pay and apply the int divds and proceeds arising from the sd sum of £ for the use of such child or chn equally if more than one and if but one then wholly to that one And furr that if the sd intended marre shall take effect and the sd (I. H.) shall at any time during his natural life become seised of any messes tents or lds in posson and shall settle the same upon the sd (I. W.) and the issue of the sd intended marre by such good conveyances in the law as counsel shall advise in such pts and proportions and to such use and uses as shall be thought requisite the better to make a provision for the sd (I. W.) and the issue of the sd intended marre Then &c. see ante, No. CCLXX.

No. CCCXXVII.

Bond given by Vendor to discover whether Trustees of a Term are living or not, and in the mean time to indemnify Purchaser.

Know all &c. see ante, No. CCLXVII.

No. CCCXXVII. Trustees.

Obligation.

Whas (recite indenture by which the term was conveyed to Recitals. trustees, and also the absence of such trustees).

Now &c. see ante, No. CCLXX. That if the above-bounden (vendor) his exs and ads do and shall use his and their utmost endeavours to discover the sd trustees or whether either of them is still living and if the survivor of them is dead then also to discover the psn or psns who is or are the psl reptive or reptives of such survor and also do and shall immediately after ascertaining the survor of the sd trustees and the death of such survor then provided such survor died or eventually has become intestate witht any expence to the sd (purchaser) his hrs apptees or ass obtain or cause or procure letters of admon to be obtd of the goods chattels and credits of the survor of them the sd trustees so far at least as the same are left unadministered and relate to or concern the sd term of yrs in the freehd messes so sold and conveyd or orwise assured to the use of the sd (purchaser) his hrs apptees or ass as afd And also if the sd (vendors) or either of them or either of their hrs &c. do and shall give to the sd (purchaser) his hrs apptees or ass notice of the psn or psns in whom the residue of the sd term is vested and in what right as soon as the same can be ascertained And if the sd trustees or the survor of them or the psnl reptive or reptives of such survor do and shall on the request of the sd (purchaser) his heirs apptees or ass immly assign the sd term of to such psn or psns and to and for such uses intents and purps as he the sd (purchaser) his hrs apptees or ass shall appoint And if in the mean time the sd (vendors) or either of them do and shall indemnify &c. (see ante, No. CCLXXXVI. indemnity clause against eviction, &c.) Then &c. see ante, No. CCLXX.

Release of a Bond, see post, RELEase (Discharge).

yrs