after death

either of

W. H. or E. his wife,

ment to be

void.

Provifo, that thefe prelents hall not prejudice any

trufts in the faid release (no further

than with said 401. per. ann.) nor the trufts

in the other recited deeds,

Provifo, that if the contracts any debts, her

nual fum of 40% and every part and parcel thereof, during the time Provifo, that aforefaid. Provided always, and it is hereby agreed and declared, by and between the faid parties, that from and immediately after the deeath of them the faid W. H. and J. his wife, all arrears of the faid annual fum of 401. being fully paid and fatisfied, and also all costs and charges of him the faid J. W. his executors, administrators and affigns, relating to the trust hereby in him and them reposed (if any this appoint- fuch fhall be,) being likewife difcharged, then thefe prefents and the appointment hereby made as to payment of the faid annual fum, fhall be void and of no effect; and any thing herein before contained to the contrary thereof notwithstanding Provided alfo, and it is hereby further agreed and declared, by and between all the faid parties, that these prefents, or any thing therein before contained, fhall not extend to charge or prejudice any of the trufts in the faid recited indenture of release mentioned, no farther or otherwife than with and for the payment of the said annual fum of 40%. during the time upon the truft and subject in such manner as aforefaid; but the fame from and after fuch payment, shall remain, continue and be, to, for and upon the feveral trufts, uses, intents and purposes in the faid recited indenture of release, deeds poll and laft decretal order mentioned, limited, directed, ordered and expreffed, touching and concerning the fame refpectively: Provided also, and it is bereby further expressly agreed and declared, by and between the faid parties hereunto, and the true intent and meaning of them and of these presents is and are, that in cafe fhe the faid E. H. the wife of the faid W. H. fhall at any time hereafter during the joint lives of her the faid E. and the faid W. H. her hufband, on her own and feparate account contract any debt or debts with any perfon or perfons whatsoever, and shall not pay and discharge the fame by and out of the faid annual or yearly fum of 40%. and if the faid W. H. fhall at any time during the joint lives of him and his faid wife be fued or profecuted at law, or otherwife, for the recovery of any fuch debt or debts; and if it be made to appear to the faid J. W. his executors or administrators, to his and their fatisfaction, by affidavit in writing (if required) to be sworn before a mafter of the high court of chancery, by the perfon or perfons claiming fuch debt or debts, or otherwife, that fuch debt or debts was or were really and bona fide contracted by the said E. H. for and on her own fole and feparate account; that then and in fuch cafe the faid annual or yearly fum of 40!. hereby made payable to her the faid E. H. as aforefaid, fhall be subject, charged and liable to and with the payment of all and every fuch debt or debts, and all cofts and charges touching the fame, and the faid J. W. his executors and aligns, (on notice in writing to be to him or them by the faid W. H. given) fhall and will, out of the faid annual fum of 40. from thenceforth to become due, pay and fatisfy all and every fuch debt or debts, and charges touching the fame, to the perfon or perfons to whom the fame fhall be really due; any thing, &c. notwithstanding. And whereas the faid E. E. hath at feveral times, out of his own proper monies, advanced, lent and paid to, and to and for the ufe or order of her the faid E. H. for her fupport and maintenance, feveral fums of money, amounting in the whole to the fum of— or thereabouts: Now this indenture further witreffeth, that it is hereby further that after pay agreed and declared by and between all the parties to thefe prefents,

annuity fhall pay the fame.

Recital that E. E. has lent her money.

Declaration

ment of the

That

tereft, and faid

That from and after full payment of the faid principal fum of 1200/. 12001. to J. fo due to them the faid J. S. S. R. J. H. and E. W. together with S. S. R. and all intereft for the fame, in manner as aforefaid, and alfo of the annual 7. H. and infum of 40 hereby fecured to her the faid E. H. in manner as afore- annuity, the faid, and fubje& thereunto; that then all the then refidue of the faid refidue of truft eftate and premiffes, fo conveyed to and vefted in them the faid . the truft eftate lord bishop of O. and E. E. as aforefiid, fball from thenceforth be fhall be chargfubject and liable to; and they the faid W. H. and E. his wife, Do hereby refpectively charge the fame to and with the payment of the faid fum of, fo advanced and paid by the faid E. E. to and for the ufe, fupport and maintenance of her the faid E. H. as aforefaid, together with lawful intereft for the fame fum, from henceforth to be computed, until payment thereof; any thing herein, &c. notwithstanding. In witnefs, &c.

Thirdly, Appointwents by Wives to husbands.

By a Feme Covert of a Freehold Eftate to ber Hufband for bis Life, to take
Effect immediately after her Deceafe.

ALL, &c. A. B. now the wife of B. B. of, &c. widow of, Sr. and eldest daughter of, &c. by E. his late wife, fends greeting. Whereas, &c. (Recital of a fettlement to ufes, with a power to make this appointment: Now know ye, and these prefents witness, That the faid A. B. by virtue, &c. and as fully as the may or can, Hath af figned, limited and appointed, and by, &c. Doth by this her deed, &c. figned, &c. affign, &c. All the faid feveral meffuages, &c. herein before particularly mentioned, and every part and parcel thereof, with their and every of their rights, c. which in and by the faid recited indenture tripartite were limited to the use of the faid A. J. (now A. B.) or intended fo to be, To the use of the faid B. B. her husband, for and during the term of his natural life, to commence and take effect from and immediately after the decease of the faid A. B. And the laid A. B. Dotb by this her deed or writing under her hand and feal as aforefaid, declare, limit and appoint the faid (trustees,) and their heirs, and all other perfons feifed of the faid premiffes, or any part thereof, to ftand felfed of all the said several meffuages, &c. herein before limited to the ufe of the faid B. B. or intended fo to be, as aforefaid, To the ufe of the fad B. B. for and during the term of his natural life to commence and take effect from and immediately after the decease of the said A. B. In witness, &c.

An appointment, being an Execution of a Power referved to a Feme Covert to declare and limit the Ufes of Manors, &c. She referves a Power of Revocation, &c.

cd.

NOW ALL MEN BY THESE PRESENTS, That I Anne The feme coAften, wife of John Afton the younger, of the parish of St. Martin wert, in pursu In the Fields in the county of Middlefex, efq. in purfuance, and by virtue ance of the of power referved

by a deed,

and of all

other powers

directs, &c. certain manors, &c.

of the power and authority to me referved, and contained in and by one indenture of release, bearing date the twelfth day of this inftant month of May, and made or mentioned to be made between Benjamin Barnes of Bitton, in the county of Bucks, efq. and Clara his wife, one of the daughters of dame Diana Dunn widow, deceased, who was the heir and devifee of Edward Ems late of Egar, in the county of Effex, efq. deceafed, and the faid John Afton and me the said Anne Afton his wife, the other daughter of the faid dame Diana Dunn of the one part, and Sir Felix Field of Fidbam in the county of Flint, bart. and John Afton the elder, of Affield in the county of Gloucester, efq. of the other part, and by virtue of all and every other power and powers, authority and authorities any wife enabling me thereunto, do by this prefent deed or writing by me figned, fealed, and duly executed in the prefence of three credible perfons whofe names are hereupon indorfed as witneffes thereto, direct, limit and appoint, all and every the manors, meffuages, lands, tenements, woods, tithes and hereditaments (which in and by the faid indenture of release were allotted, limited, appointed or conveyed, or mentioned or intended to be allotted, limited, appointed or conveyed, to the ufe of the faid John Afton the younger and myself for our lives, and the life of the longer liver of us, in manner therein mentioned, with their appurtenanafter the death Ces) unto, and for fuch ufes, eftates, intents and purposes, and under of husband and and fubject to fuch provifoes as are herein aftermentioned and expreffed wife, to the of and concerning the fame; (that is to fay,) from and after the ufe of firft and decease of the longer liver of us the faid John Afton the younger and myself, to the use and behoof of the first fon of my body by the faid fucceflively in John Afton the younger, lawfully begotten or to be begotten, and of the heirs male of the body of fuch first fon lawfully iffuing; and for default of fuch iffue, then to the use and behoof of the fecond, third, fourth, fifth, fixth, and feventh, and of all and every other the fon and fons of my body by the faid John Afton the younger lawfully begotten or to be begotten, feverally, fucceflively, and in remainder one after another, as they and every of them fhall be in feniority of age and priority of birth, and of the feveral and respective heirs miale of the body and bodies of all and every fuch fon and fons lawfully iffuing; the elder of fuch fons, and the heirs male of his body iffuing, always to be preferred and to take before the younger of fuch fon and fons, and the heirs male of his and their body and bodies iffuing; and for default of fuch iffue, then to the ufe and behoof of all and every the daughter and daughters of my body by the faid John Afton the younger lawfully begotten or to to the daugh- be begotten, to be equally divided amongst them (if more than one) ters as tenants fhare and share alike as tenants in common, and not as joint-tenants, in common in and of the feveral and refpective heirs of the body and bodies of all and tail-general, every fuch daughter and daughters lawfully iffuing: And in cafe one or

other fons of

the marriage

tail male,

remainder

with crofs re

mainder to the

heirs of her body by this bulband,

more of fuch daughters fhall happen to die without iffue of her or their body or bodies, then as to the fhare or fhares of her or them fo dying without iffue, to the ufe and behoof of the furvivors or furvivor, or others or other of them, share and share alike as tenants in common, and not as joint-tenants, and of the feveral and and refpective heirs of the body and bodies of fuch furvivors or furvivor, or other, or other of them; and in cafe of all fuch daughters but one fhall happen to die without iffue of their bodies, or if there thail be but one fuch daughter, then to the ufe and behoof of fuch furviving or only daughter, and of the heirs of her body lawfully iffuing; and for default of all fuch iffue, then to the use

and

and behoof of the heirs of my body by the faid John Allon the younger remainder to lawfully begotten or to be begotten; and for defauit of fuch iffue, then the husband to the ufe and behoof of the faid John Afton the younger, and of his in fee. beirs and alligns for ever, and to and for no other ufes, intents and purpofes whatfoever. Provided always nevertheless, and it is the true in- A power of tent and meaning of thefe prefents, that it fhall and may be lawful for revocation referved, me the faid Anne Afton, at any time or times hereafter, at my own freewill and plea fure, notwithstanding my coverture, and whether I fhall be fole or married, by any writing or writings under my hand and feal, ut by my laft will and teftament, in writing, or any writing purporting by laft will and teftament, to be by me figned, fealed and executed refpectively in the prefence of three or more credible witnesses, to revoke, alter or make void the fe prefents, and all ard every or any the use or ufes, eftate or eftates, matters and things herein or thereby appointed, limited, directed or contained of or concerning the manors, meffuages, lards, tenements, tithes and hereditaments, or any part or parcel thereof; and by the fame writing or writings, or by any other writing or writings, to be by me figned, fealed and attefted as aforefaid, to limit, declare or appoint, any new or other use or uses, eftate or eftates, truft or trufts, power or powers of or concerning the fame manors, meffuages, lands, tenements, tithes and hereditaments, or any part thereof, and fo from time to time and as often as I shall think fit; any thing before contained to the contrary thereof in any wife notwithstanding. In witness whereof Ithe faid Anne Afton have hereunto fet my hard and feal this twentyfifth day of May in the fixth year, &c. Annoque Domini 1733.

A Deed Poll of Appointment by a Feme Covert to be indorfed on a Deed intuling ber. This prefent Deed contains a Release of Arrears of an Anmuity which her Husband's Lands were charged with, and appoints fu ture Payments to him and the Ufe of the Land, &c. to the Ufe of him, bis Heirs and Affigns for ever. 1 Horfm. 45.

TO ALL, &C. 1 E. B. wife of the within named 4. B. ferd greeting. Whereas by virtue of the within written indenture, or of E. B. intitled the indenture of the to an annuity. to, or otherwife, I the faid E. am intitled to one annuity, yearly rent or fum of 300/ of, &c. payable to or for my fole and feparate use, at the times and in manner in that behalf within mentioned or directed, out of the manor, &c. within granted and conveyed, or out of fome other land, &c. for which annuity I have not hitherto given any regular re

— of ▬▬▬ therein mentioned or referred

Ceip or difcharge: Now know ye, and these trefents witness, That for Her release of avoiding of all controverfies, fuits and differences which may hereafter arrears, happen to arife, touching or concerning all or any of the arrears of the id annuity, yearly rent or fum of 300l, from the time of the comencement thereof until the day of the date of thefe prefents, and to the ead a good and effectual release and difcharge may be given for the fame, the faid E. B. do hereby acknowledge, tettify and declare, that I have had and received full fatisfaction for all arrears of the faid annuity, &c. from the commencement thereof until the day of the date of thefe prents, and am therewith fully fatisfied and contented, and of and from the fame, and every part thereof, and of and from all actions, fuits,

payments to the husband.

claims and demands, either in law or equity, for or on account of the fame, or any part thereof, I the fald E. B. do hereby, for myself, my executors and adminiftrators, acquit, release and discharge the said A. B. his, &c. and his and their lands and tenements, goods and chattels, and the faid manor, &c. within granted and conveyed, or mentioned or interded fo to be, and all other lands, &c. charged or chargeable with the fame annuity, or any part thereof, for ever, by thefe prefents: And and appoint further know ye, and thefe prefents alfo witnefs, That I the faid E. B. inent of future for divers good, &c. moving, and by force and virtue of the power and authority to me given, in and by the within written indenture, and of all other powers and authorities to me in that behalf given or referved, or any ways enabling me thereunto, Do, by this my deed or writing under my hand and feal, direct, limit and appoint A. B. efq. the furviving trustee within named and appointed for raifing and paying the faid annuity, &c. of 300!. in manner aforefaid, his executors, &c. from time to time and at all times hereafter, during the continuance of the term of 200 years within raised and limited for fecuring the payment thereof, to pay the faid annuity, &c. and every part thereof, as the fame fhall from time to time accrue and become due and payable, together with all arrears thereof, if any now be, unto him the faid A. B. his, &c. to and for his ard their own ufe and benefit: And further know ye, and these trustees in the prefents further witnefs, That I the faid E. B. for divers good caufes, within deed &c. and by force and virtue of the further power and authority to me shall stand feif- given or reserved in and by the within written indenture, and of all other ed of lands to power and powers, authority and authorities to me in that behalf given or referved, or any ways enabling me thereunto, Do (by this my deed or writing under, &c. attested, &c.) limit, declare, direct and appoint, that the manor, &c. within granted and conveyed, or mentioned, &c. and the reverfion or remainders and inheritance thereof in fee-fimple, expectant upon the determination of the particular eftates within limited thereof, and fubject thereunto, fhall at all times hereafter be, go and remain, and the within named B. C. and C. B. and the furvivor of them, and their heirs, and the heirs of fuch furvivor, fhall at all times hereafter, stand and be feifed thereof, unto and to the use and behoof of him the faid A. B. and of his heirs and affigns for ever, and to and for no other ufe, intent or purpose. In witness, &c.

And that the

the use of the husband, his heirs and affigas.

Recital of M.
S.'s will.

By a Wife to the Heir and Executor of a Truflee in Truft, after her Deceafe, to the Ufe of her Husband, (whom he married by Confent, purfuant to her Mother's Will,) of Land and South-Sea Stock and Annuities.

'O ALL PEOPLE, &c. I E. G. wife of D. G. of &c. fend greeting. Whereas M. S. widow, decenfed, late mother of the faid E. G. did in and by her laft will, &c. bearing date, &c. give devife and bequeath, All that land, &c. which the had then lately purchafed of M. P. as alfo all the reft and refidue of her perfonal eftate, of what nature or kind foever, after her juft debts, &c. fhould be thereout paid and difcharged, unto T. P. of, &c. and W. W. of, &c. and their heirs, and the furvivor of them and his heirs, In trust for the faid E. G. then E. S. for and during the term of her natural life, whether

fhe