or any part thereof, to fuch perfon or persons, and for fuch ufes, intents How the fame and parpofes, as the faid M. S. from time to time, separate and apart fhall be apfrom the faid W. S. her husband, whether covert or discovert, and not- plied. with landing her coverture, by any deed or writing, deeds or writings, or by her laft will and teftament, or any writing purporting her laft will and teflament, to be by her fealed and delivered or publifhed, fhall appeint, direct or declare; and that under fuch trufts, qualifications, cenditions, limitations, powers and agreements, as she the faid M. S. fhali, notwithfending her coverture, appoint, direct or declare; and for want of fuch appointment, direction or declaration, and until fuch appointment, direction or declaration shall be made to pay the fame, and alfo the proceed and encrease thereof, to the faid M. S. her executors or adminiftrators, to her and their own proper ufe and benefit. Provided always, and it is hereby enacted, that all or any of the creditors of the laid W. S. fhall have the fame right to have fatisfaction of What liable their faid refpective debts, out of the intereft of the monies arifing by to the hufthe faid M. S.'s fhare of the faid manors, lands and premiffes, as band's debts. they could have had out of her faid fhare of the faid manors and lands, as if this act had never been made, and not otherwite. Provided further, and the monies hereby directed and appointed to be The monev paid to the faid lord viscount W. and Sir J. T. trustees for the faid H. 10 be paid for L. 7. is upon special truft and confidence, that they the faid lord H. L. J. to be Tifcourt W. and Sir J. T. and the furvivor of them, his executors, put out till the is of age or adminiftrators or affigns, fhall from time to time, as often as occafion marries. fhall require, put out and difpofe of the fame at intereft, for the im. provement of the fame, and for the benefit and advantage of the faid H. L. J. and that fuch monies to be fo paid in trust for the faid H. L. or the fecurities upon which the fame or any part thereof shall be placed out as aforefaid, fhall be paid or affigned over unto the faid H. L. J. at her age of twenty-one years or day of marriage, which fhall firft happen; and in cafe of her death before her faid age of twenty-one years or marriage, then the fame to be paid or affigned unto her executors or adminiftrators: And, For the preventing of all controverfies touching the faid 20,000l. The 20,000l. fo to be raifed out of the faid eftate of the faid lady C. as aforefaid: to be raifed out of lady It is hereby declared and enacted, That the fame fhall be taken and C.'s eftate, deemed to be part of the perfonal affets of the faid 7. lord 7. and deemed affets Kable to pay his debts, and reimburse the faid lady C. W. the faid of lord 7.7. fums of 48731. 35. 8d. and 1882l. 175. 2d. being deducted and al- and liable to lowed by her out of the value of her jointure and rents received pay his debts by Sir F. 7. towards difcharging the faid mortgage and portions, burfe lady C. and the furplus thereof diftributable, according to the Statute of the money alDikribution. Provided always, and it is enaded, by the authority lowed out of aforefaid, That the faid lord viscount S. &c. and all other the truf her jointure. tes in this act before named, and every of them, their feveral heirs, and reim txtcutors and adminiftrators, fhall and may in the first place deduct all Truflees may the cofts and charges which they or any of them fhall be refpectively deduct put unto, in relation to the execution of the trufts hereby in them re- charges, &c. poled or declared, or any of them, out of the rents, iffues and profits of the feveral premiffes, or any part thereof, until fale, or out of the monies arifing by the faid. fale or fales, or out of their respective trut monics or any part thereof; and that they the faid feveral and refpective Saving, &c. refpective trustees, their feveral heirs, executors and adminiftrators, An Ad for the better enabling the Executors and Truflees of Sir T. H. W WHEREAS, &c. (recital of Sir T. H.'s laft will, whereby he gives his fon T. H at his age of 21 years his manor of H. and an efiate in S. To hold to him from his age of 21, and the heirs male of his body; remainder, &c. and gave the faid Sir R. H. then bis fon and heir apparent, all other his manors, &c. not in his faid will otherwise bequeathed: to hold from his age of 21 years, and the heirs male of his body; remainder, &c. and gave to his daughters E. M. S. and N. the fum of 25001. a piece, and to the daughter which his wife might happen to be withal at his decenfe, 2000l. and unto every of the daughters of fuch of the fons of the faid Sir T. H. as fhould happen to die without heir male of his body cool. the faid feveral portions and fums of money to be refpedively paid to the faid daughters at their feveral marriages refpectively; and directed that his executor fhould receive the yearly rents and profits of the faid manor of H. and lands in S. aforefaid, during the minority of his faid fon T for and towards the education of his children, and alfo of all the lordfhips, &c given to his faid fon R. during his minority, or the minority of fuch of his faid fons which should happen to enjoy the fame; and that the jaid executors would let and difpofe all the faid manors, &c. until the faid R.fhould attain his full age of 21 years, for the ufe and education of the aforefaid children; and that the faid children fould be allowed, towards their education and maintenance, the feveral fums following (viz.) To bis dren, and fen R. 100l. per ann. till 17 years old, and afterwards 300l. per ann. till 21; and to his fon T. 6cl. per ann. till 17, and from thence 120l. per ann. till 21; and to each of the faid daughters 40l. per ann. till 18 years old, and from thenceforth 100l. per ann. till they should refpectively marry.) And bereas the faid Sir T. H. had, after making of the faid will, two Children born foss, G.and R.from whom no provifion is thereby or otherwife made, nor after the will. for the maintenance of T. (wl was also born after the making the faid Doubtful will) until her portion become payable; and it being doubtful whether whether Sir in ftrictness of law the faid Sir T. H. (by reafon of the fettlement 7. H. could herein after mentioned) had power by his will to difpofe of the profits make such of fome part of the faid manors and premiffes during the minority of will. his eldeft fon, as by the faid will is intended: Wherefore, and for the Wherefore, to better providing and fecurity of the portions and maintenances of the provide pordaughters and younger fons of the faid Sir T. H. and the fettling and tions for affering of the eftate devifed by the faid will upon the iffue-male of the younger chilfaid Sir T. H. born after the making thereof; May it pleafe your fettling eftate moll excellent Majefty, That at the humble petition of dame E. reli& on his iffue of the faid Sir T. H. and of Sir N. Le S. bart. R. W. efq; H. O. efq; male born afand R. B. doctor in phyfic, executors of the laft will and teftament ter the will: of the faid Sir T. H. It may be enacted, and be it enaƐed by, &c. that it is enacted the faid Sir N. Le S. R. W. elq; H. O. and R. B. their executors and that his exeadminiftrators, hall and may during the refpective minorities of the the minorities cutors, during faid Sir R. H. and T. H. receive and take all the rents, iffues and pro- of Sir R. H. fits of the faid manors and premiffes to them refpectively limited as and T. H. may aforefaid, (other than fuch parts thereof as are the jointure of the receive rents. faid dame E. H. for fo long time as the fhall live) and difpofe the fame &c to pay the portions, &e. for and towards the raifing of portions and maintenances for the fons and daughters of the faid Sir T. H. as in the faid will is expreffed and thereout also to pay and allow unto the faid T. the yearly fum of 401. until the shall attain the age of 18 years, and from thenceforth 100l. yearly until the shall be married, and the fum of 2000l. at her day of mariage or age of 21 years, which fhall firft happen; but in cafe fhe dies unmarried, fuch fum to revert to the faid Sir R. H. and to the faid G. and R. towards their respective educations and maintenances, each of them the fum of 40l yearly, till they fhall attain their refpective ages of 17 years, and afterwards 80%. yearly, until they fhall attain their feveral and respective ages of 21 years; the faid feveral mainteDances to be refpe&ively payable and paid to the fons and daughters of the faid Sir T. H. at the feats of, &c. the first payment, &c. And be * further enacted by, &c. that in cafe the rents and profits of the faid And in cafe manors and premiffes to be received as aforefaid, fhall (with the over- fuch rents, plas of the perfonal eftate of the said Sir T. H. which is to be applied &c. with the for that purpofe) not be fufficient to pay and fatisfy the faid mainte- overplus of the perfonal nances and portions; that it shall and may be lawful to and for the faid eflare shall not executors of the faid Sir T.H.or the furvivors or furvivor of them, or the be fufficient, executors or administrators of such survivors, and they have hereby full the executors power and authority to receive and take the rents, iffues and profits, may take the and otherwife difpole by mortgage or fale of fuch the faid manors and profits, mortpremiffes as are not comprised in the fettlement made by the faid Sir age or fell premifler. T. H. bearing date, &c. wherein the jointure of the faid dame E. is fettled, and other than the faid manors and premiffes in H. and S. aforcfaid, as they fhall think fit: Subje& nevertheless to the annuities Subject, &c. herein before mentioned, until and to the intent the faid portions and maintenances fhall be thereby or otherwise fully raised and paid: And And charge- further that the fame manors and premiffes fhall, according to a codicil able, &c. trefs. intended to have been annexed to the faid will, be, and they are hereby charged with the yearly payment of 100l. a-piece to the said G. and R. refpectively, during their refpective lives, at the faid feafts of, &c. without any defalcation, &c. the first payment thereof to begin and be made at fuch of the faid feaft-days as fhall next happen after they fhall attain their respective ages of 21 years; and in cafe the faid feveral yearly rents of 1ool, or either of them, fhall be behind or unpaid by the fpace of 40 days next after either of the faid feaft-days whereon the fame ought to be paid as aforefaid, it fhall and may be lawful for the faid G. and R. refpectively, and their respective affigns, into the faid manors and premiffes, or any part thereof, to enter and diftrain, and the distress Claufe of dif- and diftreffes then and there to fecure on the premiffes, or to take, lead, drive, and carry away, fell or dispose according to law, towards fatiffaction and full payment of the faid refpective yearly rents, and the After the de- arrearages thereof: And be it further enacted by, &c. that from and after the feveral deceases of the faid Sir R. H. and T. H. without heirs male of their feveral and respective bodies coming, the faid manors and premiffes to them respectively devised as aforefaid, and which are not contained in the faid fettlement, fhall veft in, and be held and enjoyed by the faid G. and the heirs male of his body; and for default of such iffue by the faid R. and the heirs male of his body; and for default of fuch iffue, the faid E. M. S. N. and T. and the daughters of the fons of the faid Sir T. H. and their heirs for ever: Saving to the King, &c. and to the faid dame E. and to S. B. wife of T. B. efq; and to A. H. fifters to Sir R. H. long fince deceased, and aunts to Sir T. H. alfo deceased, and all and every other perfon, &c. (other than the feveral fons and daughters of the faid Sir T. H, and their respective heirs and affigns) all fuch eftate, &c, ceafe of the fons born before the will without heirs male. Premiffes to go to the fons born after the will, &c. faving, &c. Recital of a fettlement of lands to the use of J. B. and E. bis wife for their lives, then to truftees for 500 An Aå for better enabling the Honourable J. B. Efq; to raife Portions for his younger Children. WHEREAS by indenture tripartite, bearing date, &c. made between 7. B. efq; (by the name and defignation of the honourable J. B. of S. &c. fecond fon of the right honourable the earl of A.) and E. wife of the faid 7. B. of the first part, Sir W. H. of, &c. and J. R. of, &c. of the fecond part, and R. R. of, &c. and W. S. of &c. of the third part, and a fine fur conusance de droit come ceo, &c. thereupon had and levied, all that, &c. in the county of L. whereof or wherein the faid E. or any others in truft for her, had any eftate of freehold or inheritance in poffeffion, &c. or had any eftate whatsoever in law or equity, were limited and fettled to the ufes, intents and purpofes, and upon the trufts, and with and under the provifoes, powers, charges and limitations following, viz. To the use of the faid F. B. and E. his wife, for and during the term of their natural lives, and the longer liver of them, without impeachment of or for any manner of wafte; and after the determination of their faid eftates, to the use of the faid Sir W. H. and J. R. their heirs and affigns, for and during the na tural after that term to the use of tural lives of the faid J. B. and E. his wife, and the longer liver of years, and them, to the intent to preferve contingent ufes; and from and after the decease of the faid . B. and E. to the ufe of the faid Sir W. H. and the firit, &c. R. their executors, &c. for the term of 500 years next enfuing the fon. death of the faid J. B. and E his wife, upon the trufts, and to the intents and purposes in the faid indenture declared touching the fame; and after the expiration or other determination of the faid term of 500 years, to the ufe of W. B. first son of the faid J. B. and E. his wife, and the heirs male of his body iffuing; and for default of fuch iffue, to the ufe of J. B. fecond fon of the faid 7 B. and E. his wife, and the heirs male of his body iffuing; and for default of fuch issue, to the ufe of the third, &c. And as touching and concerning the faid term The faid of 500 years limited to the faid Sir W.H. and J.R.their executors, &c. term is deas aforefaid, the fame is by the faid indenture declared to be upon truft, clared to be and to the intent, that they the faid Sir W. H. and J. R. their execu- upon truft to raife 1000l. te tors, &c. by leafing, mortgaging, or by fale or fales of the faid ma- be paid acnors, &c. or of any part or parcel thereof, and of all their faid eftate cording to ap therein, to any perfon or perfons whatfoever, for any term or number pointment. of years, as to them should seem meet, or otherwife fhould, immediately after the decease of them the faid J. B. and E. his wife, raife and levy the full fum of 1000l. to be paid to fuch perfon or perfons as the faid 7. B. fhould by any writing under his hand and feal, or by his last will direct or appoint; and from and after the raifing the faid fum, or in default of fuch appointment as aforefaid, then upon this further truft and confidence, that in cafe there should be any iffue male of the body of the faid . B. and E. his wife, and one or more other child or children of the faid 7. B. and E. his wife, living at the time of the commencement of the faid term of 500 years in poffeffion, then upon trust, that they the faid Sir W. H. and J. R. their executors, &c. fhould by leafng, mortgaging, or by fale or fales of the faid manors, &c. and premiffes fo to them limited for 500 years, or of a competent part thereof, and by and with the rents and profits thereof, raife and levy for the portion and portions of all and every fuch child and children, (other than and except the eldeft iffue male of their bodies then living, who would dren. be intitled to the freehold of the faid premiffes, by virtue of the limitation aforefaid) fuch fum and fums of money, and at fuch time or times, and in fuch parts or portions, as the faid . B. and E his wife, at any time or times during their joint lives, by any writing or writings under their hands and feals, attefted by three or more credible witneffes, fold direct, limit or appoint; and in default of fuch direction, limiappointment, then to raise and levy by the ways and means aforefaid, or either of them, the fums herein after-mentioned, viz but one fuch child, (not being entitled to the freehold) the fum of Cool, and if more than one, then the fum of 60col. equally to be divided between them: fuch refpective portions to be paid to the younger for fons at his or their refpective age of 21 years, and to every danghter at the like age or day of marriage, which fhould first hap tation or If but upon this further truft, that until fuch portions fhould reSectively become payable, they the faid Sir IV. H. and J. R. their secutors, &c. fhould, out of the profits of the faid premiiles, raise for the maintenance and education of fuch child or children, such fums of money as they fhould think fit, not exceeding the interest of their re fpective Portions for younger chil |