Recitals. As to the will and trult. An Agreement to affign a Leafe as a collateral Security for a Debt. THEREAS, &c. (Recital of being feifed of premiffes for W years) And whereas 1 have this day borrowed of T. P. of, &c. the fum of, &c. for which I have entered into a bond in the penalty of, &c. conditioned for the payment of, &c. on, &c. and have left in his cuftody the title deeds belonging to the faid meffuage, &c. as a collateral fecurity for the payment of the faid - I. and interest: Now I do hereby promife and agree to and with the said T. P. his, &c. that I the said F. B. my, &c. fhall and will upon requeft, at my cofts and charges, execute unto the faid T. P. his, &c. a good and fufficient af fignment in the law of the faid meffuage, &c. for the remainder of the faid term then to come and unexpired, for the better fecuring the payment of the faid ——— 7. and intereft. Witness my hand this ——— day of, &c. Articles to affign and make a good Title to a Leafehold Meffuage (given by Will to Trustees upon several Trusts) upon feveral Contingencies, &c. and far the Sale of Household Goods. Articles of Agreement indented, &c. Between A. and B. of, &c. (two of the three acting Trustees and Executors, named and appointed in and by the laft Will and Teftament of T. A. late of, &c. deceafed) of the one Part, and C. of, &c. of the other Part, in Manner as follows: WE WHEREAS the faid T. A by his laft will and teftament in writ ing, duly executed, bearing date, &c. Did thereby (among other things) give and devife all the refidue of his real and perfonal eflate, not therein otherwife by him difpofed of, unto his truftees the faid A. and B. and to -- therein named, their heirs, executors, adminiftrators and aligns, upon feveral trufls therein expreffed: And first upon Trust, that they his faid trustees, immediately after his the teftator's grandfon T. F. having attained the age of 21 years, should convey and affign all the faid refidue of his the faid teftator's real and perfonal eftate unto his faid grandfon T. F. his heirs, executors and affigns, as by As to the the faid will duly proved by the faid executors, &c. And whereas by lease, &c. virtue of a certain indenture of leafe made from Sir N. C. bart, or otherAnd that fame wife, he the faid F. C. at the time of his death was poffeffed of, interwas part of the efted in and intitled unto a meuage or tenement, with its appurte nances, as the fame was then in his poffeffion, fituate, &c. for the refi due of a certain term of years then to come therein, At and under the yearly rent of —— (which meffuage or tenement and premiffes is part of the perfonal eftate of the faid . 4. fo by him devifed to his faid truflees upon the trufts aforefaid :) And whereas the faid C. hath contracted and agreed with them the faid A. and B. for the abfolute purchafe of the faid meffuage, or tenement and premiffes, for the refidue of tellator's per fonal efiate. As to contract for purchase, and feveral previous agreements thereon. the age the faid term of years now to come therein, together with the feveral household goods now in the faid meffuage, and which are herein after particularly mentioned, at and for the fum of 900l. payable and fubject in fuch manner as herein after is in that behalf mentioned and expreffed: And whereas the faid meffuage, or tenement and premiffes, being now much out of repair, and not inhabited, and to the end the fame may be let, it is abfolutely neceffary that a confiderable fum fhould be forthwith difburfed in making fuch repairs; and they the faid A. and B. not being inclined to do the fame, he the faid C. hath agreed to advance and lay out monies for fo doing: But in regard a good title and proper affignment and affurance of the faid premiffes cannot be made unto the faid C. until fuch time as the faid T. F. attains his of 21 years, (being now but 19) or that in the mean time a decree of the high court of chancery can be obtained for that purpose, it has been propofed and agreed by them the faid A. and B. that the faid C. fhall have immediate poffeffion of the faid meffuage, goods and premifles, until fuch decree obtained, and affignment made to him, with full pow er to repair and let the faid premiffes, with and under fuch reftrictions, and fubje&t in manner as herein after in that behalf mentioned and expreffed; and alfo that in cafe fuch decree as aforefaid, or a good title and fufficient affignment fhall not otherwife be made to the faid C. of the faid premiffes within now next enfuing, that then these prefents, as to the fale of the faid premiffes, fhall be abfolutely void; and that then the faid C. fhall be paid and reimbursed by them the faid A. and B. all fuch monies as fhall be by him laid out in fuch repairs, toge ther with interest for the fame; and that then alfo any leafe by him made of the faid premiffes fhall be allowed and ratified by them the faid A. and B. nevertheless with and under fuch reftrictions, and fubject in manner as herein after alfo is in that behalf mentioned and expreffed : Now thefe prefents witnefs, That in pursuance and performance of the faid Trustee cove recited agreements, and in confideration of the fum of 51. 5s. of, &c. nants with pur (part of the faid gool. purchase-monies) to them the faid A. and B. or chafer to make one of them, now paid by the faid C. the receipt whereof is by them a clear title. hereby refpectively acknowledged, they the faid A. and B. and each of them for themselves and for their heirs, executors and administrators, do hereby covenant with the faid C. his executors, administrators and affigns, in manner as follows, viz. That they the faid A and B. or one of them, their or one of their executors or affigns, at their cofts and charges, fhall and will within the faid -- now next enfuing, make out a good and clear title to the faid meffuage, or tenement and premiffes, and produce and obtain a decree to be made in the high court of Chancery, whereby the faid T. F. and all and every other perfon or perfons, who by virtue of the faid recited will fhall be then legally intitled to the faid meffuage, or tenement and premiffes, fhall be decreed to make and execute a good and fufficient affignment unto the faid C. his executors, adminiftrators and affigns, and as by his or their counfel in the law fhall be reasonably advised or required of the faid meffuage, or tenement and premiffes, with the appurtenances, for the then refidue of the term of years, fubject nevertheless to the payment of the faid yearly rent of and to the covenants, conditions and agreements in the faid indenture of leafe referved and contained, and which from thenceforth on the leffee's part are to be paid and performed; and shall then Repairs. Power to then alfo make an abfolute bill of fale unto and to the use of the said C. his, &c. of the feveral goods and things in the faid meffuage, viz &c. For peaceable. And that in the mean time and until fuch decree obtained, and affign. enjoyment. ment of the faid premiffes fo made to the laid C. in manner as aforesaid, it fhall and may be lawful to and for the faid C. his, &c. from henceforth peaceably and quietly to hold, poffefs and enjoy the faid meffuage, goods and premiffes, and to lay out any fum of money for the neceffary repair. ing and amending thereof, in fuch manner as he or they fhall think fit, fo as the money to be so laid out in repairs, do not exceed in the whole the fum of 150l. And also, that it fhall and may be lawful to and for the make a leafe. faid C. his, &c. to make a leafe of the faid meffuage and premiffes to fuch perfon as he fhall think fit, for any term of years not exceeding years, fo as there be reserved in fuch leafe at least the yearly rent of 70l. payable quarterly, with power therein of re-entry in cafe of nonpayment thereof, together with fuch ufual covenants as are contained in other leafes made of houfes in 0. ftreet. And the faid C. for himself, his, &c. doth hereby covenant with the faid A. and B. their, &c. that he the faid C. his executors, adminiflrators or affigns, (on the making out a good title, obtaining a decree in Chancery, and executing of fuch fufficient affignment and bill of fale of the faid meffuage, goods and premiffes, to him the faid C. his executors, adminiftrators and affigns, within the time and in manner as aforefaid) fhall and will well and truly pay, or caufe to be paid, unto the faid A. and B. or to fuch perfon or perfons who by virtue of the faid decree or other wife, fhall then be legal ly intitled to receive the fame, the fum of 894/. 155. of, &c. (refidue of the faid fum of 90cl purchase-money;) Which fum of 8947. 155. when paid, is hereby agreed and declared fhall be in full for the abfolute purchase of the faid meffuages, goods and premiffes. Provided always, and it is to be void of a hereby mutually covenanted, agreed and declared by and between all good title can- and every the parties to thefe prefents, for themfelves, and for their re not be made. fpective executors and administrators, in manner as follows, viz. That Covenant to pay purchaseinoney, &c. Provifo for in cafe a good title shall not be made out to the faid premiffes, and a decree in Chancery obtained for fale thereof, and fuch fufficient affignment made of the faid premiffes to him the faid C. his, &c. within the faid —— in manner as aforefaid, then and in such case these prefents, as to the fale of the faid premiffes, thall from thenceforth be abfolutely In that cafe a void and of no effect; and that then and in such case they the faid A. and reimburse ment to be made. The leafe above mentioned to be allowed. B. their executors or administrators, fome or one of them, fhall and will forthwith well and truly pay, or caufe to be paid, unto the faid C. his executors, adminiftrators or affigns, all fuch monies as according to a valua tion thereof, to be made by two proper perfons, to be chofen by the parties hereto, fhall appear to have been by the faid C. his executors or administrators, actually difburfed for the repairs of the faid premifles, fo as the fame do not exceed the aforefaid fum of 150l. together with legal interest for all fuch monies fo by him and them paid for fuch repairs, from the time of disburfing thereof, until payment of the fame; and that then and in fuch cafe alfo (if any lease shall have been made by the faid C. of the faid premiffes to any perfon at fuch rent and in manner aforefaid) that they the faid A. and B. their executors, adminiftrators or affigns, fhall allow of fuch leafe; and at bis and their charge do any reafonable act (if fo required) to ratify and confirm fuch leafe; and then alfo he or they fhall be intitled to have and receive all the rent referved by by fuch a leafe, to be paid and applied according to the trufts in the faid will; any thing, &c. Articles touching Alignment of an Affignment of Leafehold Houses, and Sale of Household Goods and Utenfils, Stock in Trade, &c. Articles, &c. Between A. H. Widow and Adminiftratrix of J. H. of, &c. deceased, of the one Part, and J. R. of, &c. and J. J. of, &c. of the other Part, as follows, (that is to fay,) THE day of fienment of an aflignment of a leafe. 'HE faid A. H. in confideration of the fum of 8col. to be in hand Covenant to paid to her by the faid 7. R. and J. F. at the time herein after make an afmentioned, Doth hereby for herself, &c. covenant and agree to and with the faid J. R. and J. J. their, &c. that fhe the said A. H. her, &c. fhall and will, on or before the next enfuing the date hereof, at the dwelling-house of her the faid A. H at, &c. aforefaid, at the cofts and charges in the law of them the faid J. R. and J. J. feal and execute unto the faid J. R. and J. J. their, &c. a good and fufficient affignment of all thofe three meffuages, &c. by virtue of an affignment of a leafe of which the faid A. H. now holds the fame, together with the faid leafe and affignment thereof, Under and subject to the rents and covenants referved and contained therein by and on the leffee's part to be paid and performed, and with fuch reasonable covenants in the faid affignment to be contained as counsel fhall advise; and likewife a covenant on the part of the faid J. R. and J. J. their, &c. for payment and performance of the yearly rent and covenants in the faid leafe referved and contained, and to keep harmless and indemnified the faid A. H. her, &c. therefrom; And further, that And a bill of the the faid A. H. her, &c. at the like cofts and charges in the fale of household goods, law of the faid J. R. and J. 7. fhall and will, at the time of executing utenfils and the faid affignment, and at the place aforefaid, alfo feal and execute flock in trade, unto the faid . R. and J. J. or their affigns, a good and fufficient bill in confideraof fale of all the houfehold goods, liquors, liquor back-fats, ftills, ton of fo much veffels and utenfile, and all and fingular other the flock in trade what. as the fime foever, that fhall then be and remain in the faid dwelling houfe of praifed at. the faid A. H. for and in confideration of fuch a fum of money as the fame fhall be valued and appraised at by two indifferent perfons, to be chofen by the faid parties for that purpofe; and in case of their difagreement therein, then the fame to be determined by an umpire, to be by them chofen; and the fum of money for which the faid houfehold goods, ftock and utenfils fhall be fo valued, to be paid or fecured to be paid by the faid F. R. and 7. 7. or their affigns, to the fhall be ap faid A. H. as herein after mentioned. And the faid J. R. and J. J. Covenant to for themselves, their, &c. and for every of them, do hereby covenant pay confideraand agree to and with the faid A. H. her, &c. that they the faid F. R. tion-money. and J. f. fhall and will on the faid day of at the faid dwelling houfe of the faid A. H. well and truly pay unto the faid A. H. her, &c. the fum of 300/. of, &c. being the confideration-money before mentioned, and at the fame time will accept of the faid affignment of the Ágreement to M. of a houfe, customers the faid leafe of the faid three meffuages and premiffes aforefaid, and bill of fale of the household goods, liquors, utenfils, and other the flock in trade as aforefaid; and at the fame time and place fhall and will execute and deliver in due form of law unto or to the use of the faid A. H. her, &c. a counterpart of the faid affignment, and then and there will either pay to the faid A. H. her, &c. all fuch fum or fums of money which the faid houfehold goods and flock in trade so to be valued and appraised as aforefaid shall amount unto, or will secure the pay ment thereof to the faid A. H. &c. by fome real or perfonal, other good fecurity, within three months then next enfuing, in fuch manner as fhall be to the good liking and approbation of her the faid A. H. her, &c. Agreement to grant a Leafe of a Houfe, Breauhoufe, &c. and to affign Stock in Trade, Debts, &c. and to affign the Leafes of Cuftomers Honjes. Memorandum of an Agreement made the Day of, &c. Between J. D. the younger of, &c. Elg; and E. his Wife, Daughter and Administratrix of N A. late of, &c. Efq; deccafed, of the first Part, G. M. of, &c. Brewer, of the fecond Part, and L. M. of, &c. of the third Part. THE HE faid J. D. and E. do hereby agree to grant a leafe to the faid G. M. and L. M. their, &c. of all that meffuage with the appurnances, fituate, &c. wherein the faid J. D. now dwelleth, and late in the poffeffion of the said N. A. And also of all that brewhoufe with the appartenances thereto adjoining, fituate, &c. together with, &c. To hold from the 24th day of June next enfuing, for feven years, at and under the yearly rent of 110l. payable half-yearly, and for five years more from the expiration of the faid term, if they the faid G. M and L. M. their, &c. fhall think fit fo long to hold the fame, at and under the like yearly rent, and payable in like manner, with usual covenants. Stock in trade It is allo agreed by and between the faid parties hereto, that all the to be appraif- ftock in the brewing trade fhall be apprtifed by proper perfons to be ed, account of named and appointed by the parties hereto for that purpofe, and that an taken, and of account fhall be taken of all the customers dealing at the faid brewhoufe, debts, a moje- and a true estimate made of all the depts due and owing from fuch cuf ty of which is tomers to the faid trade, according to a lift of their names already to be affigned taken and intended to be particularly mentioned in a schedule to be annexed to articles to be made pursuant hereunto, and that the faid J. D. and E. his wife, fhall aflign over unto the said L. M. his executors, adminiftrators and affigns, all that his moiety of the faid ftock in trade, and alfo of all and every the faid debts to him the faid ————————— MI. his executors, administrators and affigns, to hold as his and their own proper goods and chattels. The faid J. D. doth hereby further agree to affign over, or cause or procure to be affigned over, unto the faid G. M. and L. M. their executors, adminiftrators and affigns, all fuch leafes of houses now dealing at the faid brewhoufe, as were taken for the benefit of the faid trade, and which are now in being, and likewife to procure a leafe to be made by major L. of an houfe in, &c. to the said G. M. to L. M. Agreement to ing at the faid G. M. and and |