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to retain fo

part of pre

cee or aci.

Refidue of

purchase money to be paid the vencor. Fremifles

fond charged

till reverfion purchafed. The vendor to

bear the charges of

convey, or procure to be conveyed to A. B. and his heirs, a good eftate in fee-fimple in all the premiffes, free from all incumbrances, except the faid annuity of 100% payable to Mrs. F. for her life;) in which conveyance are to be included not only the farms, &c. in leafe to the tenants, but allo all the forelt ground, &c. belonging to C. D. And alfo, &c. And in general, all the elate, &c. which C. D hath in the lands and premiffes, or any other lands and premiffes in E. aforefaid; and A. B. fhall The purchafer be let into the poffeffion of the premiffes. That all the incumbrances now on the premifles, (except before excepted,) fhall be paid by the much of the purchase nofaid 4. B. out of the faid purchase-money, to fuch of the mortgagees beys will pay as (hall be willing to take their money; but as to fuch mortgagees as eft mortgage fhall infit on the ufual notice, A. B. fhall retain in his hands fo much of Reverson of the purchase money as is fufficient to answer the principal and interest miffes, and for then due to fuch mortgagees. And the faid A. B. thall also be allowed obraining a de-to retain in his hands as much of the purchase-money, as fhall be fuffi cient for the buying in the reverfion of part of the premisses herein after mentioned, and the charges thereof, and for the obtaining and profecuting any decree or act of parliament for that purpofe. And the reti cue of the purchase-money (after deducting what is hereby agreed to be retained in his hands as aforefaid) fhall be paid to C. D. or his affigns, for which the whole premiffes fhali ftand and remain as a fecurity to A B. till the faid reversion shall be purchafed as aforefaid. That as to fuch art of the lands and premiffes as C. D. is poffeffed of only for the remainder of a term of 500 years, he fhall be at the charge of purchaung in the reverfion of the faid premiffes, and of any decree or act of parlia ment to be obtained for that purpose, so as that the fee-fimple and inheritance thereof may be conveyed to the faid A. B. and his heirs, for which a fufficient part of the faid purchase-money fhall be left in bis hands, as in the next preceding articles is provided. That in cafe it fhall be found that the reverfion cannot be brought, or otherwise got in, and if the fame fhall not be actually conveyed to the faid A. B. on or before, &c. the faid A. B. fhall be at liberty to vacate the prefent agreements of the fale and purchase of the faid premiffes, and shall be paid back what of the faid purchase-money he fhall have then paid, with intereft for the fame, difcounting thereout what he fhall have received by the rents and profits of the faid premiffes, to the faid C. D. or his affigns, ing rents, &c. or as he fhall appoint, free from all incumbrances done by the said A.B. But if the revertion of the faid premifles thall be brought in, and conBut if convey-veyed to the faid A. B. the furplus of the faid fum of 500l. (after de ed, furplus of ducting what shall have been paid for that reverfion, and the charges of to the vendor. getting in the fame) fhall be paid to the faid C. D. with intereft for the Agreements as fame from the time when the faid C. D. fhail have had poffeffion of the to arrears of premifles. That if at the time of executing the faid conveyance and rent, and time letting the faid A. B. into the poffeffion of the faid premiffes, three elapfed between the rent months or upwards fhall have then elapfed fince the laft rent-day, the day and day faid C. D. fhall have an allowance in refpect of the faid three months fo of poffeffion, elapfed, and fhall alfo have liberty to receive any rent which fhall be in The timber arrear in the tenants hands at the faid then latt rent-day. That in re not to be valued till winter, gard it may be very difficult (if not impracticable) rightly to view and and the purvalue the timber growing on the faid premiffes, and to measure the cop cafe to give a pice ground, during the fummer feafon, by reafon whereof the purchasebond for the money to be paid by the faid A. B. in refpect of fuch timber and cop

buying in a neverfion of part of the premiffes. If reverton

cannot be got in, the purchafer fall be at liberty to vacate this agreement, and be paid back his noney, difcount

got in.

sool to be paid

money.

pice

pice ground cannot at prefent be reduced to a certainty, it is agreed that the valuing the faid timber and meafuring the faid coppice ground, fhall be deferred till the next fall of the leaf, and that in the mean time the faid A. B. shall give to the faid C. D. or to fome other person whom he fhall name, in trult for him, a bond, in a fufficient penalty, condi.. tioned to pay for the faid timber and coppice ground, according to the valuation and rates aforefaid, as foon as the fame thall be valued and meafured as aforefaid. In witnefs, &c.

Agreement for the Sale of a Moiety of Freehold Lands ly Hufband and Wife and her Son by her former Husband, and Agreements as to Deductions out of Purchafe-Money.

Articles, &c. Between A. B. of, &c. and B. his Wife, who was the
Widow of C D. late of, &c. deceased, and D. D. eldest Son and
Heir of the faid D. D. by the said B. of the one Part, and E. F. of,
&c. of the other Part,

miffes.

THE faid A. B for himself and the faid B. his wife, his and her Covenant to heirs, &c. and the faid D. D. for himself, &c. do hereby cove. convey a a mois. nant, &c. to and with the faid E. F. his, &c. that in confideration, ty of the pie&c. in hand, &c. at, &c. the receipt, &c. and in confideration of the covenants and agreements herein after contained, on the part and behalf of the faid E. F. his, &c. they the faid A. B. and B. his wife, and D. D. and the heirs of the faid D, D. fhall, &c. before, &c. by fuch good and fufficient conveyances and affurances in the law, as the faid E. F. his, &c. or his or their counfel, &c. convey and affure, or caufe, &c. tinto, &c. free, &c. except as herein after is mentioned, one full moiety, &c. which in and by, &c. were granted, &c. unto and to the use of the faid C. D. and A. B. and the heirs and aligns of the faid C. in truft as to the eflate of the faid A. B. for the fame C. and his heirs, with

their and every of their appurtenances; Aljo the faid E. F. in confidera- To pay purtion of the premifics, does, &c. (covenant to pay (on making conveyance) chale-money. to A. B. and B. his wife, and D. D. 3500l. in full for the purchase, after

the deductions hereafter mentioned:) Also it is hereby further agreed be- Deduction of tween, &c, that one moiety, &c. of the principal fum of 2100l. fecur- mortgageed on the faid manor and premiffes by mortgage made thereof, fhall money. upon the making fuch conveyances and affurances as aforefaid, and payment of the faid purchase-money, be deducted and allowed out of the fame, and that all intereft due and to grow due for the 2100l. till the time of executing the faid conveyances, fhall be paid and cleared by the

faid A. B. and D. D. or one of them, their, &c. and that the faid E. When purcha F. and his heirs, shall enter upon the faid moiety, and receive the rents fer to enter.

and profits thereof for his and their proper ufe, from, &c. laft paft.

And lastly, That the charges of the fine and recovery to be levied and Charges. fuffered of the faid moiety and premiffes, in order to make out a good title and conveyance as aforefaid, fhall be paid and borne by the faid A. B. and B. his wife, and D. D. In witness, &c.

Agreement

Covenant that a husband and other in erest

ed fhall convey the wife's eftate within fur months after his wife

hall be of the age of 25.

Agreement by a Hrbind for himself and his Wife to fell her Freehold Estate when he is 25 Years old (at which Age fee is intitled in Possetion) at fuch Rates as they fall be appraifed at.

Articles, &c. Between J. T. of, &c. Efq; of the one Part, and J. J. of, &c. Efq; of the other Part.

THE faid 7. 7. for and in confideration of the fum of, &c. of, &c. to him in hand, &c. by the faid F. 7. at, &c. (in part of the par chafe moncy herein after covenanted and agreed to be paid by him the faid 7.7.) the receipt, &c. Deth for himself, his, &c. covenant, &c. to and with the faid 7. 7. his, &c. by thefe prefents, that he the faid 7. T. and all other perfons interested in the manors, lands and hereditaments herein after mentioned, fhall for the confideration herein after mentioned, within four calendar months next after D. the wife of the faid F. T. fhall have attained the age of 25 years, or fooner, upon the request of the faid 7. 7. his heirs and affigns, at the coûts and charges of the faid 7. 7. his heirs or affigns, well and fufficiently convey and affure All thofe the manors, &c. (which were the freehold and inheritance of Sir T. D. late of, &c. Ant. deceased) to which the faid D. T. niece of the faid Sir T. D. and wife of the faid F. T. now is or fhall be intitled to the poffeffion of when the fhall have attained the faid age of 25 years, by virtue of the laft will and teilament of the faid Sir D. 7. her late uncle deccafed (or otherwife) unto or to the use of the faid 7.7. his heirs and affigns for ever, or to fuch other perfun or perfons, and to and for the ufe of his or their heirs, as the faid 7. 7. or his heits fhall direct and appoint, and that by fuch ways, &c. wherein shall be contained fuch reafonable covenants and agreements as are ufual in fuch cafes; And the faid 7.7 for himfeif, &c. doth hereby covenant, pay purchfe- &c. 10 and with the faid, T. his, &c. that if the faid T. and D. his wife, and all other perfons interefted and neceffary to join, fhall wife hall join within the faid four calendar months next after the faid Ď. fhall have atin the conv.;- tained the feid are of 25 years, or fooner if requested, well and fuffici ance wit ently convey and ar at the faid manors and vicinifles as herein before is after the is 25 expreffed, that then he the faid 7.7. his heirs, &c. fhall at the fame years of age. time, on executing of fuch conveyances and affurances as aforefaid, well and truly pay, or caufe to be paid unto the faid J. T. his, &c. after paticularites the feveral rates and prices following, for the abfolute purchase of the as the estates, faid manors, hereditaments and premiffes (that is to fay) for the purchase of the faid capital meffuage or niantion-houfe called S. H. and the, &c. the fun of 35ccl. of, &c. and for the purchate of, &c. as the fame fall be appraised and valued by two indifferent perfons, the ore to be nominated by the faid . 7. his heirs or affigns, and the other to be nominated by the faid 7. T. his executors or adminiftrators; and for the purchase of such part or parts of the faid manors, hereditaments and premifles as now are fairly and bona fide let out to tenants after the rate of 25 years purchafe of like money, according to the rents for which the fame now are fairly and bone felt let to tenants; and for the purchase

Covenant to

money if the Loband and

four months

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fall be valued

of fo much of the faid manors and premiffes as are now in hand, and not let to any tenant after the rate of 25 years purchase of like money, according as the yearly value thereof shall be afcertained by two perfons, to be nominated as aforefaid; and for the purchase of all the wood ground, and coppice woods, and the foil thereof, and of all the timber trees within, or upon or belonging to the faid manors and premiffes, fuch fum as the fame fhall be valued at by the two perfons to be nominated as aforefaid. And If appraifers it is hereby further concluded, agreed and declared between the an umpire to faid parties to thefe prefents, That in cafe fuch two perfons fo be chofen. to be nominated as aforefaid, fhall not agree and determine the feveral valuations intended to be made as aforefaid, then fuch valuations fhall be made and determined by an indifferent perfon to be chofen and named umpire by fuch two perfons to be nominated as aforefaid. In witness, &c.

Agreement that Part of Purchase-Money for the Moiety of Freebold Lands remaining in the Purchafer's Hands until the Owner of the other Moiety fhall be of Age or die, is to difcharge certain MortgageMoney; the Refidue to Vendor of the firft Moiety, which Moiety is to fland as a Security for the Money retained, and an Agreement by the faid Vendor and the Guardians of the Infant, to procure him to convey his Moiety when of Age, and an Agreement as to the Cuflody, and producing the Title-Deeds.

do not agree,

THIS HIS Indenture, &c. Between E. F. of, &c. of the one part, Recitals and A. B. of, &c. and B. his wife, (late B. D. the widow and relict of C. D. &c. deceased) and D. D. eideft fon and heir of the faid C. D. by the faid B. of the other part, Wherees, &c. Recital of mortgage in fee from faid C. D. and Å. B. E ́s trufive, to F. G. and faid E. F. redeemable on payment of 1350l. and intereft; and that at the time of the mortgage the premiffs are charged with 3cool. under the will of a former owner, ful to a term of 500 years for raifing the fame; C. D. by his will dried the 3000l. and 13501. and intereft, to be paid by his executers out of his perfonal fate, and devifed one third of the lands to his wife, now wife of faid A. B. for life, and fubject thereto, to his two fins by moieties in tail, with cross remainders in fee; and appointed excestors and died; the executors paid part of the money charged by the former owner, and the ceftui que truft of the mortgage in fee advanced the rest, and affignment of the term to his trufres. The Affignment. The executors of the mortgagor paid further fum to the mortgagee, 21col. more due to faid F. G. on his fecurities; fald D. D. (the mortgagor's. fon) of age, A. B. and B. his wife (his mother, and her band) bave suffered a recovery, and declared the ufe by bargain and jale inrolled. E. F. contracted for the purchofe of the faid moiety for 300cl. and A. B. and B. his wife, and D. D. by leafe and and recale (in confideration of 19501. in part of faid 30col. paid by faid E. F. to faid D. D. A. B. and B. his wife, and of 1050l. refidue of faid 3000l. to be paid by faid E. F. to faid F. G. in discharge of a moiety of the

took an

a

to the pur

chafe-money

paid.

faid debt of 2100l.) carveyed by the direction of the faid E. F. one mois ety of the premises to Y. Z. in trust for faid E. F. fubject to faia 1050l. to be paid by the faid E. F. out of the faid 3ocol. purchase. money to the faid F. G. N. I. tenant in tail of the other moiety is a minor, whereby the 21001. due to faid F. G. on mortgage of the whole premifles, cannot be effectually apportioned; wherefore it was agreed that the jaid E. F. fhould only pay down 1350). in part of faid 3oool. purchaje money, and retain in his hands 1650l. the refidae thereof, jaid 13501. paid, and faid 1650l. remaining behind in the hands of E. F. in which 1600l. are included the faid 1050l. to be paid by the jaid E. Agreement of F. to faid F. G. in difel arge of a moiety of his debt of 210cl. New the vendors as this indenture with fith, and it is hereby declared and agreed by and between all the faid parties to these prefents, and the said D. D. remaining un- and A. B. and B. his wife, do hereby declare, consent and agree, that the faid fun of 165cl. (refidue of the faid 3cock purchafe money) fo remaining in the hands of the faid E. F. as aforefaid, is fo to remain in the hands of him, his heirs, &c. at fuch intereft for the fame in the mean time, as is herein after mentioned, until the faid N. D. fhall attain his age of 21 years, or die without iffuc, which fhall fit happen, and then and thereupon the faid fum of 165cl. is to be paid and applied by the faid E. F. his, &c. in manner following; that is to fay, fo much and fuch part thereof as fhall be fufficient and neceffary, abfolutely to free and difcharge the faid moiety, hereditaments and premiffes, pur. chafed by the faid E. F. as aforesaid, of and from the faid debt or fum of 210cl. due and owing to the faid F. G. as aforefaid, and every part thereof, and all intereft then due for the fame, is to be and fhall be paid unto him the faid F. G. his, &c. and the refidue to all the then refidue thereof, over and above what thall be fo paid to the faid F. G. his, &c. as aforefaid, is to be and shall be paid Purchafer co- unto him the faid D. D. his, &c. And the faid E. F. doth hereenants to pay by for himfelf, his, &c. covenant, &c. to and with the faid D. D. cordingly, and his heirs, &c. in manner following; that is to fay, That he the intereft in the faid E. F. his heirs, &c. fhall and will well and truly pay, or caule mean tin e. to be paid the faid fum of 1650l. fo remaining in his hands as

Part to difcharge the mortgage;

D. D.

the fame ac

aforefaid, and every part thereof, unto fuch perfon or perfons, and for fuch purposes, and at fuch time or times, and in such proportions and manner as are herein before in that behalf mentioned and agreed upon; And further, that in the mean time and until the faid fum of 165cl. fhall be paid, applied and disposed of as aforefaid, he the faid E. F. his, &c. fhall and will pay, or caufe, &c. fuch intereft for the faid fum of 1650l. to fuch perfons, and in fuch manner and proportions as are herein after mentioned; that is to fay, unto the faid F. G. his, &c. intereft for the fum of 105cl. part of the faid fum of 165cl. at the rate of 4. 10. per cent. per ann. and the faid D. D. his, &c. intercft for the fum of bocl. (rchidue of the faid fum of 1650) at the rate of 41. per cent. per ann. fuch intereft to commence and be accounted from the day of the date hereof, and to be paid and payable by equal half-yearly payments, on the, &c. in every year, (and fo in pro portion, and after the refpective rates aforefaid, for any shorter or leffer time than a year) free of all taxes and deductions whatsoever,

parliamentary

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