purchafers, their, &c. for the recovery of the faid 6ool. portion, or any part thereof, or the annuity or annuities fo claimed or pretended to be due and payable to the faid G. H. and A. his wife, or either of them, as aforefaid, or for any other caufe by reafon of the premiffes; then and in such case, and so often as any fuch action, fuit or proceedings fhall be commenced, brought or profecuted, the faid purchafers, their heirs or affigns, or fome of them, fhall forthwith give or caufe, &c. notice thereof in writing to the faid D. E. F. G. and G. H. fome or, &c. their, &c. or to the faid P. H. and R. S. or one of them, or fuch other perfon or perfons on whom the truft of the faid South-fea annuities fhall from time to time devolve, as trustees of and nominated by the faid D. E. F. G. and G. H. their respective, &c. to the intent that they the faid D. E. &c. their, &c. may appear to and defend, and they are hereby impowered and authorised from time to time to appear and de. Power to fend all or any fuch action, &c. for and in the names of them the faid defend, purchafers, their, &c. And likewife it is agreed, that they the faid or to fue or D. E. F. G. and G. H. and their refpective executors, &c. fhall and bring crofs fuits againit may, in the names of them the faid L. M. &c. their, &c. or any of the minor and them, bring, commence and carry on any fuch cross bill, action, or his wife, &c. fuit or fuits at law or in equity, against them the faid G. H. and A. his wife, or either of them, their, &c. or any other perfon or perfons, ag counfel fhall advife, to be made party or parties to fuch fuit, for or in refpect of the faid demands of the faid G. H. and A. his wife, or for the afcertaining or fettling the fame, or any thing relating thereto, as they the faid D. E. F. G. and G. H. and their refpective, &c. or their or any of their counfel, &c. fhall advise; they the said L. M. &c. and their heirs, and the faid purchased premiffes, being from time to time indemnified and kept harmless as aforefaid. In witness, &c.

An Agreement that Part of Purchase-Money for Freehold and Copyhold
Lands invefted in South Sea Annuities upon Truft, fall ftand as a col-
lateral Security to the Purchafer under a Will (a Feme Covert) until one
of the Legatees, alfo a Feme Covert, who by Order of her Husband has
refused) fhall join in the Conveyance; in the mean Time the Dividends to
be paid to her. After the Title confirmed the Annuities to be transferred
to her Trustees. And that as foon as the Executors of the Devifor have
proved the Will in Chancery, the Annuities to be transferred to them for
her Ufe, &c.

THIS Indenture Quadripartite, made, &c. Between F. F. of, &c. Recitals.
and H. F. his wife, of the first part, B. B. of, &c. widow, and
C. R. of, &c. fpinlter, (two of the fix fifters and co-heirs of D. R. of,

&c. deceased) and E. E. of, &c. of the fecond part, K. K. (wife of R. Legacies.
K. of, &c. and one of the fifters and co-heirs of the faid D. R.) of the
third part, and G. G. of, &c. and L. L. of, &c. of the fourth part.
Whereas, &c. (Recital of D. R.'s will, whereby lands, &c. are devised to Purchafe by a
truflees to be fold, and the money to be divided amongst fix legatees, which is
proved in the fpiritual court. Agreement for the abfolute purchase of manors,
St. (by a wife with her feparate money, by confent of her husband) compre-
bending copyhold premiffes, and a conveyance of the premiffes by leafe, releafe

and

feme covert.

All the lega

tees and their

trueftes have executed the conveyances,

and likewife.

retufed.

But at her reque it was agreed be

proper propor.

and fine, in purfuance of the agreement, by which the premisies are con veyed to trufees for the feme covert, in which faid release was a cove nant to furrender the copybald premiffes.) And whereas the faid, &c. (the legatees and their truflees) have all of them duly fealed and exe cuted the faid feveral recited indentures, and have alfo duly ac knowledged the faid fine fo covenanted to be levied as aforesaid, except one of and all of them the faid, &c. have likewife joined in furrendering the legatees, the faid copyhold meffuages, &c. to the ufe of the faid F. F. G.G. who, by order and J. F. their heirs and affigns, upon the trufs in the faid inden of herhufband, ture of relcafe in that behalf agreed upon: But the faid K. K. and himfeif, have J. his wife, or either of them, have not, nor hath hitherto fealed or executed the faid recited indentures, or acknowledged the afore faid fine, or furrendered or joined in furrendering the faid copyhold premiffes, to the ufe of the faid trustees of the faid H. K. upon the trufts aforefaid; but the faid K. K. and by his order the faid 7. his wife, have hitherto refufed to feal and execute the faid indentures, or to acknowledge the faid fine, or to furrender or join in furrendering the faid copyhold premiffes: And therefore at the defire and requeft of the faid J. K. (teftified by her being a party to and her figning and fealing of thefe prefents) it was agreed tween the partics, that oneby and between all the faid parties hereto, upon fuch refufal of the fixth of the faid K. K. as aforefaid, that he the faid H. F. fhould only pay down purchase mo to the faid B. B. C. R. and E. E. the fum of 20,0col. (in part of the ney, being her 24,000l. purchase-money) which fhe only paid accordingly, on the tion, fhould be execution of the faid indentures, and that the fum of 400l. refilaid out in S.S. due of the faid 24,000l. being the fixth part, fhare and proportion of the faid F. K. of and in the faid 24,000l. purchafe money, fhould be laid out in the purchase of annuities, to be transferred and taken in the joint names of the faid G. G. B. B. E. E. and L. L. Upon the trufts and for the purposes, and fubject to the agreements herein after expreffed and declared of and concerning the fame. A whereas, in purfuance of the faid recited agreement, and at the defire and request of the faid F. K. the faid B. B. and E. E. have pur chafed, or procured to be purchased 3800l. South-fea annuities, with and for the faid fum of 4cool. which is to be paid by the fal H. F. in full of the faid 24,cool. purchase-money; and the fad 3800l. South-fea annuities are transferred, or are intended to be forthwith transferred in the transfer-books of the South fea compa ny kept for that purpofe, into the joint-names of the faid G. G. B. E. E. E. and L. L. upon the trufts, and for the purposes, and under and fubject to the agreements herein after expreffed and declared of and concerning the fame: Now therefore this Indenture witneffeth, and it is that they fhall hereby agreed and declared by, &c. all, &c. and it is the true intent and meaning of them, and of thefe prefents, that the faid 380cl. South Sea annuities fo purchased and transferred, or intended to be tranf ferred into the joint-names of the faid G. G. &c. as aforefaid, are fo purchaser. transferred, or to be transferred, Upon the Trufts and for the purposes against the ba- herein after mentioned and declared of and concerning the fame; that ron and feme is to fay, in the firft place, as a collateral fecurity to the faid H. joined, and all F. her, &c. against the faid K. K. and his wife, and each of them,

annuities, upon trufis, and that the

fame has been laid out accordingly.

Agreement

ftand as a

collateral fe

curity to the

teme covert,

who have not

others.

their, &c. and all and every perfon and perfons whatfcever having of lawfully claiming, or which fhall or may have, Sec. any eftate, &c. of,

12

in, to or out of the faid purchafed freehold and copyhold manors, &c. or any part thereof, from, by or under, or in truft for them, or either or any of them. And therefore it is hereby agreed and declared And that the by, &c. all, &c. that it fhall and may be lawful to and for the faid ruftees may fell to pay the G. G. &c. (the faid trustees for the faid annuities) their, &c. in the purchafer all firft place by fale of the faid 38col. South-fea annuities, or a competent loffes, &c. ocpart thereof, to raise fo much goud, &c. money of, &c. as fhall be cafioned by the

fufficient and neceffary from time to time to reimburse, pay and fatisfy baron and feme's not

joining.

dends to the feme,

milles.

unto the faid H. F. her heirs, &c. and her faid truflees, their, &c. all fuch fum, &c. lofs, &c. what foever, as the, they or any of them fhall or may pay, &c. for or by reafon or on account of the faid K. K. and F. his wife, their not having fealed and executed the aforefaid indentures, or their not having acknowledged, &c. or their not having joined in the aforefai furrender or otherwife howfoever, for or by rea. fon or on account of any defect in the title to the part or fhare of the faid J. K. of, in and to the faid freehold and copyhold premiffes or any part thereof, by reason of such refusal of the faid K. K. and his wife as aforefaid, and fhall and do pay and apply the faid monies when raifed accordingly; And upon this further truf, That they the faid trulees for And in the the faid South-fea annuities, their executors, &c. fhall and do pay the mean time to yearly dividends and intereft of the faid annuities, as the fame fhall arife pay the diviand be received, unto the faid 7. K. her executors, &c. or permit and fuffer, or authorise and impower her or them to receive the fame, to and for her and their own ufe and benefit, for fo long time as the said so long as the H. F. her heirs and affigns, or her faid trustees, fhall peaceably and purchafer quietly have, hold and enjoy the faid purchafed freehold and copyhold peaceably enjoys the prepremiffes, and every part thereof, and fhall be permitted to receive and take the rents and profits thereof, and of every part thereof, without the let, &c. of the faid K. K. and J. his wife, or either or them, their, &c. or of any other perfon or perfons whomfoever claiming, &c. from, by or under, or in truft for them, or either of them: And upon this Upon perfectfurther trust, that when and fo foon as the faid K. K. and 7. his wife, ing the title to or the faid. alone (in cafe fhe furvive the faid K. K. her now husband) the purchater, fhall have duly fealed and executed the faid feveral recited indentures, and acknowledged the aforefaid fine of the faid freehold premiffes, and fhall have furrendered, or joined in furrendering the part and share of the faid K. K. of and in the faid copyhold premiTes, in manner aforefaid, or that the said K. K. and 7. his wife, or (after the decease of the furvivor of them) the heirs of her the faid F. fhall, to the good liking and fatisfaction of the faid H. F. and her faid trustees, their, &c. or her or their counfel, &c. legally and effectually convey, furrender and affure all the part, fhare, eltate, right, title, truft and intereft of them the faid K. K. and J. his wife, and of each or either of them the faid K. K. and f. his wife, and of her heirs, of and in all and every the faid purchafed freehold and copyhold premiffes, manors, &c. unto and to the ufe of the faid trustees of the faid II. F. their, &c. in truft for her fole and feparate ufe and benefit, and to be at her fole and feparate difpofal, according to the purport, true intent and meaning of the faid recited indenture of releafe; then they the faid trustees for the faid South fea the S. S. anannuities, their, &c. fhall upon the request, and at the colts and charges nuities to be transferred to of the said trustees and executors of the faid D. R. transfer, or caufe, the truft &c. the faid 3800l. South fea annuities, or fo much thereof as shall be

the fer then legate

Ágreement,

the executors

and truliees of D. R. prove his will in

chancery, &c. The trustees for

tees for the

feme covert

the names of

then remaining unfold and undifpofed of, for the purpofes aforefaid, unto the faid trustees and the executors of the said D. R. or the furvivors or survivor of them, or the executors or adminiftrators of such furvivor, in truft for her the faid J. K. or unto fuch perfon or perfons 2: she shall in that behalf, by writing under her hand, direct or appoint. Provided always nevertheless, and it is hereby agreed and declared by, that as feon as &c. all, &c, that in cafe and when and fo foon as the said trustees and executors of the faid D. R. fhall at their own cofts and charges, caufe and procure the faid last will and teftament to be duly proved in the high court of Chancery, in order to perpetuate the teftimony of the witneffes thereto, and shall caufe the depofitions of fuch witnesses to be duly filed and inrolled in the faid court, and fhall deliver an office-copy of fuch the S. S. annu probate and depofitions, and of the bill and answer previous thereto, ities fhall transfer them unto the faid H. F. her, &c. or to her faid trustees, or any of them; to the faid exe- then and in fuch case the said trustees for the faid South-fea annuities, cutors and truf- their executors, &c. fhall upon the like requeft, and at the like coûts and charges of the said trustees and executors of the faid D. R. transfer, legatee, which or caufe, &c. all the then remainder of the faid 3800l. South-fea annui are to remain ties, not fold or difpofed of for the purposes aforefaid, unto them the in the compa- faid trustees and executors of the faid D. R. or the furvivors or survivor ny's books in of them, or the executors or adminiftrators of fuch furvivor, in truft for the faid J. K. or unto fuch perfon or perfons as the fhall in that behalf, the faid annui- by writing, &c. appoint: Which 38col. annuities, by agreement be ties till J. K's tween all the faid parties to thefe prefents, are in that cafe to remain fhare of the co- ftanding in the books of the faid South-fea company, in the joint names of pvhold premif. the faid trustees to the faid annuities, or the furvivors or furvivor of them, or the executors, &c. of fuch furvivor, till fuch time as the part and fhare of the faid J. K. of and in the faid copyhold premiffes, fhall be legally and effectually furrendered and affured, according to the cuftoms of the feveral manors whereof the fame are respectively held, to the ufe of the faid trustees of the said H. F. their, &c. in truft for her as aforefaid, according to the purport and true intent and meaning of the faid And after fuch indenture of releafe, and the covenant therein contained for furrendering furrender, the the fame copyhold premiffes; and after fuch legal and effectual surrender annuities to be fhall be made, then the faid remaining annuities, or fo much thereof as transferred as fhall not have been fold for and towards the indemnification of the faid laft mentioned. H. F. her heirs or affigns, or her faid trustees, as aforefaid, shall thereupon at fuch requeft, cofts and charges as aforefaid, be transferred to and in fuch manner, as is herein before mentioned and agreed upon, with refpect to the annuities laft herein before agreed to be transferred as afortfaid. Provided, c. (in cafe of redemption of faid annuity by parliament, the truflces thereof to re inveft the money as in the precedent next before this P. 144.) In witness, &c.

the truflees for

1es fhall be furrendered.

Another

Another, as to another Part of the fame Perfon's Eftate, both Freehold and Copyhold, purchafed by the fame Feme Covert of the Legatees Coheirs ; and wherein, on a Baron and his Feme's refufing to fign the PurchafeDeeds, that a fixth Part of the Purchase-Money belonging to her who refufed to fign, he being one of the Legatees, &c. being paid into the Bank of England, though the Note depofited, fhall be in Truft till they have figned, or the Will be proved in Chancery, &c. and Copyhold Premiffes Surrendered, &c.

THIS

Recitals of

hands in trust.

HIS Indenture, &c. Between B. B. of, &c. widow, and C. R. of, &c. fpinfter, (two of the fifters and co-heirs of D. R. bart, decealed) and E. E. of, &c. (which faid B. B. C. R. and E. E. are the three trustees and executors named in the laft will and teflament of the faid D. R.) of the one part, and F. F. and H. his wife, and L. L. of, &c. of the other part. Whereas, &c. (Recital of an agreement for the purchase of part of D. R.'s eftate by him devised to be fold for the benefit agreement for purchase, and of his fix filters, and of copyhold which at his death defcended to them as co- of purchafeheirs; conveyance by leafe, release, bargain and fale, and fine accordingly deeds. made to trustees for the faid H. F. a feme covert, with a covenant therein to furrender copybold premiffes.) And whereas the faid K. K. and 7. his A baron and feme, parties wife, (two parties mentioned in the purchase-deeds) have not hitherto feal- thereto, refufed and executed the faid indentures of, &c. or acknowledged the faid ed to fign. fine, or furrendered or joined in furrendering the faid copy hold pre- By agreement miffes; and therefore by agreement between the faid B. B. C. R. E. E. one-fixth of and H. F. the the faid H. did only pay them down the fum of 15,000l. the purchasemoney is paid (part of the faid 18,000l. purchase-money,) and by the like agreement into the bank, the the faid H. F. hath on the day of the date hereof paid the fum of and the bank' 3000l. (refidue of, &c.) being the fixth part, fhare and proportion of note depofited the faid 7. K. of and in the fame, into the bank of England, for which in a man's the governors and company of the bank of England have this day given a bank or cafh note, figned by (one of their cashiers) for the faid fum of 3000l. payable unto the faid F. F. B. B. E. E. and L. L. or their order, as by the faid note, now lodged in the hands of the faid E. E. may appear: Now, &c. and it is hereby agreed, &c. that the faid fum of 3000l. fo paid unto the faid bank of England, and the note given for the fame, payable unto, &c. as aforefaid, was fo paid and made payable, Upon the trufts, and Subject to the agreements herein after Declaration of the truft to be mentioned concerning the fame; that is to fay, Upon truft, that the a depotit till faid fum of 3000l. or any part thereof, fhall not (without the joint and hufband and mutual confent of all the faid four trustees laft named,) be received or wife execute paid out of the said bank of England, but fhall remain lodged there upon the purchasethe aforefaid note in their joint names as a depofit or pledge, until either deeds, or the. the faid K. K. and 7. his wife, fhall duly feal and execute the aforefaid in chancery, will be proved feveral indentures, and acknowledge the aforefaid fine and furrender, or until the faid laft will and teftament of the faid D R. fhall, at the coft and charges of his faid trustees and executors, or fome of them, be efta- or an order or blifhed against his heirs at law, and duly proved in the faid court of Chan- decree made for the difpoficery, in order to perpetuate the teftimony of the witness thereto, and tion thereof. that an office-copy from the inrolment of the bill, anfwer and depofitions of fuch witness on fuch probate, fhall at the like cofts and charges as VOL. I.

LI

aforefaid,