value of the uncle's per tween these will. the uncle have parties to these prefents may appear, hath been paid and delivered to is in the hands and received by the faid A. A. party to thefe prefents, and is by the of the other of them, to be like confent and agreement of the faid parties to thefe prefents, to remanaged upon main and continue in the hands of the faid 4. 4. his executors and ad- the trufts in the miniftrators, to be from time to time managed, employed and difpofed will. of by him and them, upon the trufts, and for the purposes in the faid recited will of the faid A. A. deceased, expreffed and declared of and concerning the fame; and the faid A. A. party hereunto, his, &c. to be at all times chargeable with and accountable for fuch refiduary part accordingly: And whereas the faid C. A. deceafed, was, at the time Recital conof his death, intitled to 3000l. capital flock in the Bank of England, Cerning the over and befides the aforefaid 3000l. capital flock, in and by the said will given and bequeathed to his nephew the laid A. A. party hereunto upon fonal estate. the trufts therein mentioned concerning the fame, and was alfo at his death poffeffed of or intitled to the further fum of 3cccl. or the value thereof, after all his known debts, legacies and funeral expences paid and difcharged: And whereas it was the mind and intention of the faid C. A. And that he deceafed, for fome time before his death, that the residuary part of his intended it perfonal cftate, after his debts, legacies and funeral expences paid and equally be difcharged, fhould be equally fhared in value between his faid two ne- two nephews phews, parties to thefe prefents, notwithtanding the unequal divifion though un and distribution thereof made by his will, in manner as aforefaid: Andqually diffriwhereas the faid A. A. party hereunto, in compliance with the faid C. buted by his A. his late uncle's faid defign and intention, and in order to make fuch equality as aforefaid, hath lately paid into the hands of the faid C. A. And that the the fum of 1500/. of, &c. the receipt and payment whereof he the faid executors of C. 4. doth hereby acknowledge, and doth agree to accept and take the paid part to fame in full of one moiety of the refiduary part of the perfonal eftate of his brother to the faid C. A. deceafed, which faid fum of 1500l. is by the mutual con- make the dif fent and agreement of the faid parties to thefe prefents, to remain and tributiou continue in the hands of the faid C. 4. bis, &c. to be from time to time equal. managed, employed and difpofed of by him and them upon the like trufts, and for the like purposes, as in the faid recited will of the faid C. 4. deceased, is expreffed and declared of and concerning the fame 3000l. in the capital flock in the Bank of England thereby given and bequeathed unto the faid A. A. party hereunto, on the trufts therein mentioned concerning the fame; and he the faid C. A. party hereunto, bis, &c. to be at all times chargeable with and accountable for the fame im of 1500%. accordingly: Now this Indenture witneffeth, That it is hereby mutually To be managand reciprocally covenanted and agreed by and between the faid parties ed upon the to these prefents in manner following, (that is to fay,) And fit, he trust in the unthe faid A. A. party hereunto, his, &c. doth hereby for himself, his, &c. cening a fpecovenant, &c. to and with the laid C. 4. party hereunto, his, &c. that cific fum therehe the faid A. A. party hereto, his, &c. fhall and will from time to by given. time, and at all times hereafter, carefully and faithfully manage, employ and difpofe of the reliduary part of the perfonal cftate of the faid . A. deceased, (amounting to the fum and value of 12000l. as aforefaid) upon the trufts, and to and for the intents and purposes, as in the faid recited will of the faid A. A. deceafed is expreffed and declared concerning the fame; and alfo fhall and will at all times hereafter fland chargeable with, and answerable and accountable for the fame accordingly; And for the more effectual and punctual performance of the covenants and cle's will, con The executors and agreements herein before contained, on the part and behalf of the mutually cove faid A. A. party hereunto, he the faid A. A. party hereunto, doth bind nant to employ and oblige himfelf, his heirs, &c. unto the faid C. A. party hereunto, the parts of the eftate refpechis executors, &c. in the penal fum of, &c firmly by these prefents; tively in their and the said C. A. party hereunto, doth hereby for himself, &c. cove hands, fubject nant, &c. with the faid A. A. party hereunto, his, &c. that he the faid to account, and C. A. party hereunto, fhall and will from time to time, and at all times the refpective hereafter, carefully and faithfully manage, employ and dispose of the the trufts in wills. faid feveral and refpective fums of 2400l. and 1500l. to, for and upon the feveral and refpective trufts, intents and purposes herein after mentioned and expreffed of and concerning the fame respectively, (that is to fay,) the faid fum of 240cl. upon the trufts, and for the intents and purposes in the faid recited will of the faid A. A. deceased, and expreff. ed and declared of and concerning the faid fum of 200ol. thereby given to the faid A. A. and C. A. parties to thefe prefents, in truft as aforefaid; and the faid fum of 1500l. upon the like trufts, and for the like purposes, as are in the faid recited will of the faid C. A. deceased, mentioned and declared of and concerning the faid 3000l. capital ftock in the Bank of England, thereby given and bequeathed unto the faid A. A. party thereunto, in truft as aforefaid; and alfo thall and will at all times hereafter ftand chargeable with, and answerable and accountable for the faid feveral fums of 2400l. and 150cl. accordingly. And for the more effectual and punctual performance of the covenant and agreement herein before contained on the part and behalf of the said C. A. party hereunto, he the faid C. A. party hereunto, doth bind and oblige him felf, his heirs, &c. unto the faid A. A. party hereunto, his, &c. in the If other debts penal fum of, &c, firmly by thefe prefents. Provided always, and it is of the deceafed hereby declared and agreed by and between the faid parties to these prefather appear, fents, and it is the true intent and meaning of them and of thefe prepaid out of the fents, that in cafe at any time or times hereafter, any other or further fiduum. Penalty. they are to be debt or debts of the faid A. A. deceased, shall arise and appear, befides what is now known to the said A. A. party hereunto, then and in fuch cafe, it fhall and may be lawful to and for the said A. A party hereunto, his, &c. to pay and fatisfy the fame by and out of the said refiduary part of the faid late father's perfonal eftate; any thing therein contained If other debt to the contrary thereof in any wife notwithstanding. Provided alfo, and of the deceafed it is further hereby declared and agreed by and between the faid parties to the parties are thefe prefents, and it is the true intent and meaning of them and of these to pay each a prefents, that in cafe at any time or times hereafter, any other or fur uncle appear, moiety. ther debt or debts of the faid C. A. deceased, fhall arife or appear, be fides what are now known to the faid A. A. party hereunto, then and in fuch case, one moiety of fuch further or other debt or debts shall be paid and fatisfied, by and out of the faid fum of 1500l. fo paid to the faid C. A. party hereunto as aforefaid, and the other moiety thereof shall be paid and satisfied by the faid A. A. party hereunto, his, &c. by and out of his or their own proper monies and cftate; any thing, herein contained to the contrary thereof in any wife notwithflanding. In witness, &c. Agreement Agreement between an Executor and the Teftator's Widow, who according to the Cuftom of the Province of York, is intitled to the Moiety of her Husband's Eftate, fbe accepting Bonds and Specialties of the Teftator of the Value in lieu, which the Executor hereby affigns over to her, fhe covenanting, that if more Debts appear than the Reft of the perfonal Eftate in the Executor's Hands will discharge, he will refund proportionably with other Legatees. Articles, &c. Between M. M. of, &c. Clerk, Executor of the last ney without IT is agreed by and between the faid parties to these prefents, that the Affignment of faid M. M. doth hereby give, grant and affign to the said A. E. all bonds, &c. and every of the refpective bonds, bills, obligations, fpecialties and fecurities for money contained in the schedule hereunto annexed; And Authority to the faid M. M. doth hereby conftitute and appoint the faid A. E. his fue, &e." lawful attorney, to recover to her own and proper ufe whatfoever monies are due or shall be due upon the fame, and upon receipts thereof to give acquittances and difcharges, and upon default of payment to fue and implead the faid refpective perfons mentioned therein, in the name of the faid M. M. as executor to the faid E. E. or in the name of the executors or adminiftrators of the faid M. M. in cafe the faid M. M. fhall die before the faid money fhall be recovered; And the faid M. M. Covenant not doth for himself, his executors and adminiftrators, covenant and grant, to receive moto and with the faid A E. her executors and adminiftrators, not to re- her confent. ceive any money due upon the faid bonds or specialties, nor to release or discharge the fame or any of them, without the confent of the faid A E. nor to do any act or thing whereby fhe the faid A. E. fhall be hindered or obstructed from receiving or recovering the monies due upon the fame to her own proper and fole ufe. And the faid A. E. doth for Covenant herfelf, her, &c covenant and agree with the faid M. M. his, &c. to that the affigaccept the faid bonds and fpecialties and fecurities hereby affigned to then in lieu of her as aforefaid, in full fatisfaction of the whole moiety of the perfonal the moiety of eftate of the faid E. E. her late husband, due to her by the cultom of the perfonal the province of York, and likewife in fatisfaction of one legacy of, &c. eftate and a demised to her by the will of her faid husband, as in full fatisfaction of legacy, &c. whatever she may claim out of the perfonal eftate of the faid E. E. Whereas the aforefaid E. E. hath likewife by his aforefaid will devifed to feveral perfons feveral legacies, amounting in all to, &c. or thereabouts, as by the will may appear: Now it is agreed between the faid parties to Covenant that thefe prefents, that the faid legacies of, &c. fhall be folely and clearly affignee will paid out of the remainder of the personal estate of the faid E. E. rerefund propormaining in the hands of the faid M. M. as executor, and not out of any there happens tionably if part that is hereby affigned to the faid A. E. but in cafe the faid M. M. to be more his executors or adminiftrators, fhall be fued or impleaded for any debt debts than the due or pretended to be due by the faid E. E. and more monies fhall be refidue of the recovered against the faid M. M. or the faid M. fhall be put to more perfonal eftate will fatisfy. expences nee accepts Penalty. Agreement that one of the adminifter. Who fhall be allowed cotts, and retain mohis own dett. ney towards Dower. expences in law or equity, in defending the faid fuit, that what remains in the hands of the faid M. M. as executor to the faid E. E. will fatiffy; then it is agreed between the faid parties to these prefents, and the faid E. E. doth covenant and agree to contribute her proportion with the other legatees towards the reimburfing the faid M. M. fo much as fhall be recovered against the said M. M. or the faid M. M. fhall expend in defending the faid fuit, more than what fhall remain in the faid M. M.'s hands as executor to the faid E. E. And for the true performance, &c. In witnefs, &c. An Agreement between Creditors and the Widow of a Debtor, concerning Articles of Agreement of three Parts indented, &c. Between the Creditors of R. C. late of, &c. deceased, whofe Names, together with the Debts feverally to them owing, are specified in the Schedule to thefe Prefents annexed, on the first Part, C. R. of, &c. a Creditor also of the faid R. C. of the fecond Part, and J. C. of, &c. Widow of the faid R. C. of the third Part, viz. THE HE faid creditors and every of them have agreed, and by thefe pre. fents do agree with the faid C. R and F. C. that the faid C. R. creditors fhall fall and may have and take the administration of all the goods and chattels which were of the fid R. C. deceased, according to the laws of this realm, to difpofe as 1 adminifter the fame according to the tenor of thefe prefent articles, and not otherwife. That in confideration of fuch pains as the faid 6. R. fhall take and be at, in and about the faid adminiftration, the faid C. R. upon his true and reasonable account thercof made before fuch auditors as the faid creditors or the greater part of them fhall affign to take the faid account, fhall have allowance of bis reafonable cofts and charges, as well in fuits of law, or otherwife, by him to be expended about the faid adminiflration, and alfo that the faid C. R. at every dividend making, fhall and may retain, for and towards his own debt owing by the faid . C. fo much as fhall be an equal por tion with what he hail divide and pay to the other creditors, according to the quantity of their feveral and refpe&tive debts. That the faid C. R. fhall, before any dividend made, pay, or caufe to be paid, unto the faid 7. C. for fatisfaction of her title or dower in the late manfion-house of the faid R. C. fituate, &c. the fum of 50%. of, &c. or fhall deliver unto her fo much of her faid late husband's goods as fhall amount to that value, according to a reasonable eftimation; and likewife for the funeral charges of the faid R. C. 151. of, &c. and alfo fhall deliver unto her the faid 7. C. to her own ufe, or fuffer her to detain and keep to her own ufe and behoof, all her apparel and ornaments belonging to her perfon, and fuch other things as the and the creditors have agreed, as may appear by writing under their hands. That the faid C. R. fo foon as reasonably may be after tl faid letters of adminiftration granted, fhall, with and by the confent and in the prefence of, &c. or three of them, caufe all the goods chattels and debts within the realm of Great Britain, which were belonging to the faid R. C. at the time of his deceafe, to be viewe Goods to be appraised. and and appraised by indifferent perfons, and a true inventory thereof to be made, according to the custom ufed in futh cafes within the city of London. That the faid J. C. for her part, fhall and will ufe her beft Debts and endeavour to discover and make known ail and fingular the goods, chat. credits. tels and debts of the faid R. C. to the faid C. R. and the other perfons before mentioned, without concealment or delay. That after the goods and chattels and credits of the faid R. C. fhall be fo viewed and appraifed, and an inventory thereof made and taken as aforefaid, that then as well for the fatisfying and payment of what is to be first satisfied and paid, in manner and form aforefaid, as towards the equal payment of the faid creditors, the faid C. R. fhall by the confent, and in the prefence of the faid, &c. or any two of them, make fuch speedy fale at the best rates he can, of all fuch goods and chattels which were of the faid R. C. within the realm of Great Britain, other than fuch as be appointed for the faid J. C. as aforefaid, and make fuch speed to gather in and obtain fuch debts as were owing unto the faid R. C. at the time of his deccafe, as he rcalonably can or may; And then after the fatil- Rofil.com, faction and payment before mentioned, to be firft fatisfied and paid, how to be ap fhall from time to time proportion and divide all the refidue of the eitate plied. of the said R. C. as fhall come to his hands, unto every of the faid creditors, fhare and fhare alike, according to the quantities of their feveral debts from time to time, and as often as he the faid C. R. fhall have any thing whereof such dividend can be made, until all the faid creditors fhall be paid and fatisfied their faid debts if the goods and chattels of the faid R. C. fhall be fufficient fo to do. That F. J. one of the creditors Debts beyond in the faid fehedule mentioned, thall enjoy all fuch goods and debts fea. which were of the faid R. C. which the faid F. 7. hath now attached beyond the fea towards the payment of fuch debts as the fail R. C. did owe there to him, and thereof the faid F. 7. fo foon as conveniently may be fhall fhew the account to the said C. R. and four or three of the faid creditors at the leaft; and if more be recovered beyond the feas by the faid F. F. of the goods and debts, lite of the faid R. C. then the debts fo owing by the faid R. C at the time of his deceafe to the faid F. 7. there, then he the faid F. F. hall accept of the overplus towards payment of his debts owing here in England. That none of the parties Action. aforefaid fhall or will do or procure any thing to be done by any fuit or action against the faid C. R. or any other perfon, whereby the performance of thefe prefent agreements, or any of them, fhall or may in any wife be impeached, troubled or hindered; and that every of them fhall revoke or discharge all and every fuit and fuits commenced theretofore, which shall or may be any impediment or hindrance of the true performance of the articles and agreements herein contained. The faid C. R. Covenant to doth hereby agree to take upon him the faid administration, and to adminifter truly and faithfully, according to the true intent and meaning of thefe prefents; and if there fhall be more than is fufficient to satisfy and pay all the faid creditors their feveral debts, that then upon reasonable requeft to him made and discharge for the fame given to him by the faid J. C. her executors or adminiftrators, he the faid C. R. fhall and will well and truly pay, or caufe to be paid, the remainder thereof to the said J. C. her executors or adminiftrators, fhe or they giving good fecurity to the faid C. R. by her or their bond to repay the fame, or fo much thereof as fhall be lawfully and truly recovered by any other creditor of the adminifter. |