Daughter,

Declares the 20 years term is to raife and

pay the younger daughters portions

heirs of her body iffuing; and for want of fuch heirs,unto my fecond,&c.and for want of fuch heirs, then I leave the premifles to defcend to my right heirs: And I do hereby declare, that the said term or eftate for 20 years, hereby before given unto the faid R. V R. S G. S. and T. W. their, &c. is upon truft and confidence, and to the intent and purpose that they, their, &c. fhall and will, by and out of the rents, iffues and profits of the premiffes, levy and raile the fum of 2500l. a-piece of, &c. for each of my faid three younger daughters, and the like fum for every pofthumate daughter of mine (if any fuch fhall be) for their feretal portions, to be paid them as they refpectively fhall attain their refpective ages of 21 years, or fhall be married by confent of their guardians herein after named, (or any two of them, whereof their mo ther, if furviving, to be one) at the election of the said guardians, and until the faid portions be paid, fhall out of the faid rents, iffues and profits, raife and pay to each of them my faid younger daughters, for and mainten- their refpective maintenance, the yearly fum of 20l. a-pice, until they attain their several ages of 12 years; and afterwards, as they fhall refpectively accomplish that age, the fum of 30l. per ann, and fhall allo yearly raife and pay in like manner, to and for my eldest daughter for Maintenance her maintenance, the like fucceffive fums of 20l. and 30%. and if any fuch fon as aforefaid fhall be born, and he or his iffue hall live till the attain her age of 21 years, that then my faid trustees fhall raise for her 3000l. for her portion; all the faid maintenance-fums to be paid quarterly from and after my decease; and in cafe any one or more of my faid younger daughters fhall deceafe before fuch her marriage on her attainment of her faid age of 21 years, or if my faid hereditaments fhall come to her immediately after the end of the faid term of 20 years, by the death of my faid eldest daughter without iffue, then my will is, That the portion of her and them fo dying, or coming to poffeffion, fhall furvive unto the reft of them my faid younger daughters. Provided Condition that always, and I do annex it as a condition or limitation to the faid portions hereby given to my faid younger daughters, That if any of them daughters fhall fhall refufe to make and execute unto my faid eldeft daughter, or the

ance.

of claeft daughter.

On death of any younger

daughter, furvivor to have her portion.

Younger

execute any

dred of the

ellate to the eler.

heirs of her body, (or to fuch other of my faid daughters who by the death of my faid eldest daughter without iffue fhall then come to the immediate inheritance of the premiffes by the devise aforefaid) fuch release or other affurance of my faid hereditaments, whereby all her my faid younger daughter's eftate, right, title, claim and pretence whatfoever, both in law or equity, in or to the premiffes, or any part of any of them (otherwise than by virtue of this my will) fhall be barred or extinguished, then the portion and portions of her and them fo refuting fhall not be paid to her or then, but (if then raised) fhall be paid unto her that fhall require or tender fuch release, Provided likewise, and it is a condition or limitation by me annexed to the faid term of 20 years hereby devised to my faid trustees, That as foon as oming void. the occafion of my giving or raifing that term (which was only for the providing portions and maintenances for my faid children as aforefaid) fhall ceafe or be over, either by payment thereof to be made or fufficiently fecured (to the liking and fatisfaction of my faid trustees, or the furvivors or furvivor of them) by my faid eldest daughter, or any other perfon to whom the remainder of the premiffes immediately expectant on the said term by this will shall belong, or by the decease of

Provifo as to the term be

my

tors.

my faid daughters without iffue before the faid portion fhall become payable, or by my faid trustees railing the faid portions and maintenances, or any otherwife how foever, that then the faid occafion being over, (and they my faid trustees being alfo paid and reimbursed by perception of the faid rents and profits, or otherwife, all fuch reasonable Refiduary lecofts, charges, and expences as they shall be put unto in the managing gatees execuor executing the said truft, or by reafon thereof,) the fame term of 20 years fhall ceafe, determine and become utterly void. Unto each of them my faid friends and trustees, I give, &c. All the reft and refidne of my personal eftate after my debts paid and funeral expences difcharged, I give and bequeath unto my dear wife K. N. and y eldest daughter A. N. whom i do make and appoint co-executors of this my last will and teftament; and out of the great opinion I have of the justice, prudence and integrity of my faid truflees, I do make my wife and them, and the furvivors and furvivor of them, tutors and guardians of Guardians. all my said children,hereby committing to my wife and them the cuftody and tuition of my faid children, and the care and management of their etates and portions, until they refpectively fhall attain their faid refpective ages of twenty-one years, or fhall be married by fuch confent as aforefaid; and for all charges and expences my faid truftees and guardians fhall be put unto in the acting in and managing of thofe trufts, I would have made a full allowance made them. In Probate. witnefs, &c. Which faid will the faid K. N. widow and relict of the fid teftator, did duly prove, as by the probate thereof may more fully appear. And whereas the faid H. N. fome time after the making H. N.'s death. of the faid will, did depart this life, having never revoked the faid will, and having no other iffue, either born in his life time, or after his deceafe, faving only his faid four daughters: And whereas the faid K. N. widow and relict of the faid teftator, hath agreed to and accepted of the faid rent charge of 300l. per ann. in lieu and bar of her dower, or thirds which she was intitled unto, out of all the faid lands and tenements of her faid late husband: And whereas divers controverfies may Controverfies arife upon the faid will, by reafon of part of the faid teftator's eftate may arife on being intailed, as aforefaid, under colour whereof the faid three younger intailed ellate. daughters may claim title to three fourths of fuch part of the premiffes as are intailed, as aforefaid, in co-partnership with the faid eldeft daughter, to whom all the fame premiffes, together with the faid feefimple eftate, as devifed, as aforefaid; whereupon feveral fuits may arife, concerning the partition or divifion of the faid intailed eftate, which faid partition or divifion cannot be made without great difficulty and expence, by reafon of the said intailed eftate lying intermixed and promifcuous with the fee-fimple eftate: and the value of each of the faid eftates will he confiderably leffened, by the fevering of the one from the other: And whereas the portions of 2500l. a-piece, given by the Eftates interfaid will to the faid three younger daughters, as aforefaid, are of equal, if not greater value, than their refpective fhares would be of the faid intailed eftate; fo that the faid will of the faid H. N. the teftator, is for the benefit of all his faid daughters, but the contefling of the fame wil (if the fame fhould hereafter happen) may occafion very great fuits, mifchiefs and inconveniencies to the whole family: And whereas the Value of porfaid portions, given by the faid will to the faid three younger daugh- tions of three

Iffhe four daughters.

The widow's reement in

lieu of dower.

account of the

mixed.

younger

ters, daughters.

The will for the benefit of all the daugh

ters is on condition.

ters, are by the faid will exprefsly given and bequeathed to the faid three younger daughters, upon condition, that the faid three younger daughters fhould convey over and extinguish their respective rights to the faid lands and premiffes, which faid conveyance the faid three younger daughters are as yet incapable of making, by reafon of their faid infancy: Wherefore, for the preventing of fuch fuits, expences and inconveniencies as may probably happen to the faid four daughters of the faid H. N. the teftator, in cafe the validity of the faid will be ever hereafter called in queftion: In mott humble manner, your majefty's moft obedient fubjects, the faid K. N. mother, and one of the guardi ans of the faid daughters, and executrix of the faid will, and the faid R. V. R. S. G. S. and T. W. being the trustees and the other guardians for the faid daughters the infants, do on the behalf of the faid A. K. J. and M. N. the infants, daughters, and co-heirs of the faid H. N. the teftator, most humbly befeech your majefty, that it may be enact. Confirmation ed, And be it enaded by, &c. That the faid faft will and testament of the faid H. N. the teflator, herein before mentioned or recited, and all and every the claufes, articles, matters and things herein contained, and all and every the devifes, bequefts and limitations thereby made, are hereby confirmed, established and made good to all intents and purposes, both in law and equity: and that the faid meffuages, lands, tenements and hereditaments, fhall from time to time be enjoyed under the faid will, difcharged of the cftate-tail, vested in the said H. N. the teftator, by virtue of the faid indenture of fettlement. Provided Security of the always, That in regard the faid portions of 2500l. a-piece, to the faid

of the will.

portions.

Not to avoid right, &c.

three younger daughters of the faid teftator, may not be fufficiently fecured by the faid term of 20 years, in the will mentioned, by reafon of the shortness thereof; to the intent therefore, that the faid portions to the faid teflator's faid three younger daughters, may be fully and effectually fecured, Be it therefore further enacted by, &c. That the faid meffuages, &c. (fubject only to the faid rent-charge of 300l. per ann, to the faid K. the widow of the faid teftator) fhall not only during the reft and refidue of the faid term of 20 years, in the faid will mentioned, be liable and chargeable with the raifing of the faid portions, but likewife, that the faid meffuages, &c. fhall after the determination of the faid term of 20 years, (in cafe all the portions shall not before that time be raised and paid) be liable to the railing of fuch part, and fo much of the faid refpective portions, as fhall not be raifed and paid, by and out of the faid term, until all the faid refpective portions fall be fully and effectually raifed, paid and fatisfied; Saving always, &c. (other than and except the faid A. J. K. and A1. N. daughters of the faid H. N. the tellator, and their refpective heirs, and the refpective heirs of their refpective bodies; and likewife the heirs of the body, and the heirs of the faid H. N. the testator, and likewife the faid K. N. widow of the faid teftator,) all fuch a right, &c. Provided always, that nothing herein contained fhall be conftrued to impeach, leffen or any ways avoid the right, title, interest, claim, or demand, of W. N. of H. in the county of B. clerk, or any other perfon or perfons claiming by, from or under him, any thing, &c. notwithstanding.

SEVENTHLY,

SEVENTHLY, To render Agreements more effectual.

An Ad for making more effectual certain Articles of Agreement between Sir G. D. Bart. and Dame M. eldest Daughter of Sir W. B. Knt. and ber Truflees.

W

WHEREAS in or about the month of, &c. dame M. eldeft Sir G. D. mar daughter of Sir W. F. of, &c. knt, when he was of the age ried to M. F. of 13 years, was married to Sir G. D. of, &c. bart. (then G. D. fq:) and at that time about the age of 15 years: And whereas the faid Sir G. D. and the faid dame M. never cohabited together, neither

was there ever any confummation of the faid marriage, and fuch Not confumnatual difgufts have arifen towards each other, that there is no prof- mated. ect of any reconciliation, or of their ever cohabiting together: Mutual difAnd whereas by articles of agreement tripartite, bearing date, &c. gufis. nade between the faid Sir G. D. of the first part, the faid Sir W. Articles of E and W. E. fon and heir-apparent of the faid Sir IV. F of the fe-greement on ond part, and the faid dame M. of the third part, reciting (among feparation. ther things) that the faid dame M. was intitled to the fum of. oool. as a legacy bequeathed to her by the laft will of her uncle, he honourable C. C. deceased, and that the fum of 2700/ had been eceived by her the faid dame M. or fome perfon in truft for her, rom the crown, upon the account of her being maid of honour to er late majefty queen A. and that the faid feveral fums of 1000l. ad 2700/. had been laid out or invefted by the faid dame M or y her direction, in public funds, in truft for her, and for her beefit; and likewife reciting, that it was agreed by the faid Sir G. D. ot only to debar himfelf of all claim or title, which he might or could ave, either in his own right, or in right of the faid dame . in to the faid fums of 1000l. and 2700l. but likewife that the faid ams of 100cl. and 2700l. as alfo the feveral fums therein after sentioned of 2460l. 6s. 2000l. and 1600l. and all the produce of the aid feveral fums, or of any part thereof, and all fuch real or peronal eftate as had, or ever was, or ever fhould come, remain, or lefcend unto, or in truft for her, or had been, or fhould be by any says acquired by the faid dame M. fhould from time to time be enjoyto her feparate ufe, and be at her feparate and abfolute difpofal, exduve of the faid Sir G. D. his heirs, executors and adminiftrators; it it by the faid articles (among other things) agreed, that the faid Sir G. D. and the faid dame M. fhould for ever thereafter live afunder and apart from each other, and that the faid Sir G. D and dame M. fhould To live apart. ways fue, profecute or moleft, or caufe to be fued, profecuted or deled, each other or any other perfon on the account of them or cither of them, or in refpect of his or her living feparate or apart from ach other; and that neither of them fhould lay claim to each other's eftate, real or perfonal, other than as therein and herein after is mentioned and expreffed; And it is by the faid articles alfo covenanted by the faid Sir G. D. with the faid W. F. that the faid Sir G. D. fhould ive fecurity for the payment of the faid fum of 246c7 6s. due from

Sir G. D. to

pay Sir W. F. 2460/. 65. due

on account

itated, and

tion of a cove

her

Monies and perfonal eltate.

him to the faid Sir IV. F. upon a stated account, and likewife of the faid fum of 2000l. fuch payments of the said several fums of 24601. 61. and 2000l. to be made unto the faid Sir W. F. by the faid Sir G. D. upon, &c. And likewife the faid Sir W. F. did thereby covenant to pay other monies. unto the proper hands of his faid daughter, the faid dame M. or to Sir W. Fon fuch perfon as the fhould appoint, the faid fum of 1600% upon the said receipt thereof day of, &c. in cafe the faid feveral fums of 24601. 65. and to pay f me to his daughter's 2000l. fhould be at the fame time paid by the faid Sir G. D. which faid feparate ufe. feveral fums of 2460/. 6s. and 2000l. fo to be paid by the said Sir G. D. as aforefaid, and the faid fum of 1600l. fo to be paid by the faid Sir W. F. as aforefaid, and the produce thereof, are thereby agreed In confidera- to be for the feparate ufe, and at the feparate and abfolute difpofal of the faid dame M. exclufive of the faid Sir G. D. And nant for M. to in confideration that the faid Sir W. F did therein after covenant, join with Sir that the faid dame M. fhould join with the faid Sir G. D. in the G. D. in a fine of his real et levying of one or more fine or fines of his the faid Sir G. D.'s tate, affigned real eltate, in manner as therein after is mentioned, the faid Sir G. D. did affign and transfer unto the faid Sir W. F. all the said two feveral fums of 1000l. and 2700l. and all and every other fum and. fums of money whatsoever, and all the perfonal eftate whatsoever, or of what nature foever, or wherefoever the fame were, to which the faid dame M. or any perfon or perfons in truft for her, thea was, or were, at any time thereafter, fhould be any ways poffeffed of, or intitled unto: and all the produce, intereft and increafe thereof, or any part thereof, and all the eftate, &c. of him the faid Sir G. D. in, to, or out of the faid feveral fums of 1000l. and 2700l. and all and every other fum and fums of money, and per fonal eftates thereby affigned, or mentioned or intended fo to be To bold the faid feveral fums of 1000l. and 2700/. and all and every other fum and fums of money, and perfonal eftate and premiffes, unto the faid Sir W. F. his executors, administrators and af gas, upon the feveral trufts, and to the intents and purposes therein after mentioned: And the faid Sir G. D. did alfo by the faid articles, for himself, his heirs, executors and adminiftrators, covenant with the faid Sir W. F. his executors and adminiftrators that for and notwithstanding any act, &c. by the faid Sir G. D. his executors or adminiftrators, to the contrary, the faid feveral fums of 24601. 6s. 200:l. 1600l. 1000l. and 2700l. and all and every fuch other fum and fums of money and perfonal eftate, and all fuch real eftate, which the faid dame M. or any perfon or perfons in tro for her, was or were, or ever fhould be any ways poffeffed or feif ed, interested in, or intitled unto, fhould for ever thereafter remain and be in truft, for the fole, feparate, peculiar and abfolute ufe, benefit and difpofition of the faid dame M. (notwithstanding her coverture with the faid Sir G. D.) and to be difpofed of and applied, as the fhould from time to time, by word of mouth or writing, direct and appoint, in the fame manner, to all intents and purpofes, as if the faid dame M. were a feme fole; and that the fame feveral fums of 2460%. 6s. 2000!. 16col. 1000%, and 2700%, and all other fum and fums of money, real and perfonal eftate, or any the rents, intereft, produce, or proceed thereof, or any future eftate, real or perfonal, which fhould any way be acquired by, or come, defcend, or any ways whatfoever accrue unto or in truft for the

To her feparate ufe, &c.