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faid T. B. to the faid his now wife, in and by the herein before mentioned indenture tripartite, bearing date, &c. for and in refpect only of the eftate for life therein of her the faid F. fhall be vested, and are hereby enacted fo to be, from and after the day of in G. T. of, &c. W. P. W. of, &c. G. D. of, &c. and 7. S. of, &c. their executors, &c. for the term of 1000 years, (without impeachment of wafte) to commence from the faid day of ирст Special truft and confidence nevertheless, that the faid G. T. IV. P. W. G. D. and F. S or the furvivors, &c. by one or more mortgage or mortgages (to be made without impeachment of walle) of all or any part of the faid feveral manors, &c. (excepting as herein before is excepted, with refpect only to the citate for life, therein of the faid 7. B.) for all or any part of the faid term of 1000 years, fhall, as foon as conveniently may be, raife the fum of 3500/. for the discharg ing of all fuch debts, with fuch intereft as is or thall grow due for the fame (if any fuch intereft there fhall be) which the faid B. B. did owe at the time of her deceafe, and afterwards of fuch legacies as are given by her faid will, with fuch intereft likewife as is or thall grow due for the fame, if any fuch legacy or legacies fhall appear to carry intereft, and fhall pay the furplus of the faid 3500l. into the bands of the faid T. B. the refiduary legatee of the faid B. B. his executors, &c. to his and their own ufe and benefit. And it is hereby Who intitled called, That fuch refpective person or perfons, who for the time being to equity of fhall be refpectively intitled to the remainder or reverfion immediately redemption. expectant upon the faid term of 1000 years, fhall be intitled to the

not to be dif

equity of redemption of the faid term. Provided always, and it is Dame S. B. hereby enacted, That nothing herein contained fhall any ways difable abled from or prevent the faid dame S. B. her executors, &c. or any of them, to having her andemand, fue for or recover, by all or any lawful ways and means what nuity. foever, her full annuity of 10el. per annum, fo to her devifed by the faid in part recited will of the faid Sir T. B. as aforefaid, out of all or any the manors, lands and tenements therewith charged or chargeable by the faid will, other than the faid manors and premiffes com. prifed in the before mentioned term of 1000 years, for and in refpect of the faid intended mortgage only, in the fame manner as if this act had never been made; and that the faid annuity of icol. per anum, fhall be no ways deemed or taken to be hereby extinguished or

made fubject to any appointment whatfoever: Provided always, and Chufe in fas it is hereby further enacted, That the receipt or receipts, acquittance vo ref moit

or acquittances, from time to time, of fuch truftte or truflees as afore- igves. faid, and the furvivors, &c. for the faid fum of 3500l. or any part thereof, fhall be a good and effectual difcharge, both in law and equity, to any perfon or perfons who fhall advance the faid fum of 3500%. cr ay part thereof; and that fuch mortgagee or mortgagees, their repective executors, &c. fhall not be any ways accountable or refponsible fr the not applying or mifapplying of the faid monies, or any part thereof, fo to be raifed as aforcfaid; but fhall in every respect acquitted and difcharged, both in law and equity, by fuch receipt ог acquittance, fo to be given as aforefaid. Proided always, That no more than the faid fum of 3500l. and the in- what to be teret thereof, fhall in purfuance of this prefent act be raifed for that raifei. purpofe. Provided always, and it is hereby further enacted by the au Charges

211

thority

How intereft to be paid.

thority aforefaid, that the faid trustee and trustees, and each and every of them, their feveral heirs, &c. fhall and may from time to time, and at all times hereafter, in the first place, reimburse themselves all the reafonable cofts, charges, and expences which they, or any of them, fhall respectively be put unto or expend in relation to the execution of the trufts, or any of them, hereby in them repofed, out of the rents, if fues and profits of the faid feveral manors, &c. comprised in the faid term of 1000 years; and that fuch trustee or trustees as aforefaid, their feveral heirs, &c. are to be and shall be chargeable only with what monies they, any or either of them refpectively fhall actually receive, and that no one of them fhall be anfwerable for the receipts, acts, default or miscarriage of the other of them. Provided always, and it is hereby further enacted, That in cafe the intereft of or for the faid fum of 3500l hereby impowered to be raised, or any part thereof, fhall be be hind or in arrear by the fpace of two years or upwards after the fame fhall become due, then and in fuch case it fhall be lawful for the faid trustees of the faid term, or the furvivors, &c. out of the rents, iffues and profits of all or any part of the faid premiffes comprised in the faid term, other than the faid premiffes fo fettled in jointure upon the faid J. B. as aforefaid, for and in refpect only of her eftate for life therein as aforefaid, from time to time to raife, pay and difcharge the faid arrear of intereft: To which purpofe the faid trustees of the faid term, or the furvivors, &c. are hereby impowered and required, from time to time, to enter into and upon all and every, or any of the said several manors, &c. comprifed in the faid term, (other than and except as aforefaid, for fuch eftate for life therein of the faid J. B. as aforefaid, and other than and except fuch part of the faid refpective premiffes as fhall be at fuch time or times in the actual poffeffion of fuch mortgagee or mortgagees thereof as aforefaid); it being the intent of this prefent act, that fuch intereft fhall be from time to time paid, difcharged and kept down by the faid T. B, for the benefit of fuch perfon and perfons as fhall be intitled to the faid refpective premiffes after his decease: And tubercas there is a very small flip of ground in or near, &c. at W. aforefaid, containing, &c. which flip of ground is now in the tenure of, &c. and belongs to or lies near the faid manor of W. and is included in the first herein before in part recited marriage-fettlement: And whereas the faid flip of ground, by reafon of feveral tenements, warehouses or malt fhops, having been lately built and erected on a piece of ground contiguous to the fame, is capable of being improved with respect to the yearly rent thereof, in cafe the fame could be let for lives, or any long term of years;. but the faid T. B. by virtue of the faid in part recited act of parliament is reftrained from leafing the faid flip of ground, as being part of the faid premiffes included in the faid first in part recited marriage fettlement, for any term of years exceeding 21 in poffeffion: Now to the intent to enable the faid T. B. to improve the yearly rent of the faid flip of ground, by making long leafes thereof in manner herein after mentioned, It is, at fuch humble requeft, and by fuch confent of the faid T. B. and J. his wife, and the faid dame S. B. and J. B. as aforefaid, hereby further ena&cd, That it fhall and may be lawful to and for the faid T. B. from time to time, and at any time and times leafes for lives during his natural life, to lett and demise the said slip of ground, or any or fixty years. part or parts thereof, with the appurtenances, by one or more leafe or leafes,

A flip of

ground reamed by

faid act from

being leafed for longer than 21 years.

Now 7. B. may make

leafes, to any perfon or perfons whatfoever, for any term or terms, or number of years, either in poffeffion or by way of future intereft, either abfolute or determinable upon any life or lives, fo as fuch leafe or leafes do not in the whole exceed 60 years at one time from the making thereof, and fo as an annual rent, not under 40s. be referved on every fach leafe and leafes, payable from the commencement thereof, halfyearly, by equal portions, without any fine or income to be had or taken in refpect of any fuch leafe or leafes, and fo as fuch leafe and leafes be not made difpunishable of waste; and that in all and every fuch leafe and leafes there be a power or condition of re-entry, in cafe of non-payment of the rent thereby referved, and fo as counterparts of all and every fuch leafe and leafes be made and duly executed by all and every fuch leffee and leffees: Saving nevertheless to, &c. and to all bodies po- Saving, &c. litic and corporate, and to and every other perfon and perfons whatfoever (other than and except the heirs male of the faid T. B. deceased, and the heirs male of the body of J. B. efq; deceafed, late father of the faid Sir T. B. and the right heirs of the faid Sir T. B. and also the said T. B. and the heirs male of his body, and his right heirs, and the faid dame S. B. and all and every other perfon and perfons any ways interefed or intitled unto all or any of the faid manors, &c. in the faid marri age-fettlement firft herein before recited contained, by virtue of all or any of the ufes, eftates, limitations, remainders or reverfions in the fame deed of marriage-fettlement limited, mentioned and expreffed, and other than and except the faid F. B. the devifee and executor of the said E. B. and his heirs,) all fuch right, &c.

An Ad for vefiing Lands in E. devifed by Sir R. K. Knight, de
cafed, to the Children and Grandchildren of E. . one of his
Sifters and Cobeirs, in Truflees to be Sold for the Benefit of the
Devifees.

WHEREAS

HEREAS Sir R. K. late of, &c. knight, deceafed, by his Recital of Sig laft will and teftament in writing, bearing date, &c. did give R. K's will. and devife (among other things) the farm, &c. herein after particularly mentioned, immediately after the deceafe of dame E. his wife, to M. Khis grand-daughter, the only daughter of his fon W. K. deceased, and to the heirs of her body lawfully to be begotten for ever; and for default of fuch iffue to his four fifters, E. O. then wife of R. O. of, &c. gent. J. C. of, &c. widow, late wife of E. C. efq; deceated, F. D. of, &c. widow, and H. K. wife of J. K. of, &c. gent. and to their beirs and affigns for ever, equally and indifferently to be divided amongst them, part and part alike; and willed that if any of the faid filters be dead at the time when the enjoyment of his faid legacy and bequeft fhould fall unto her, that the part and portion of the faid lands of her fo dying fhould be and enure to the ufe and behoof of the child, children and grandchildren of fuch fifter fo dying; and if the lad no child, children or grandchildren living, that then fuch fifter's part, fo dying or being dead, fhould remain, and be equally divided

ngit the children or grandchildren of the other fifters furviving; and Death. departed this life on or about, &c. leaving no iffue living at his death His iffue and but the faid M. K. his grand-daughter and heir at law, and the faid heir 41. K.

dame

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Settlement of
R. T. and M.

Lis wife.

M.'s death

without fue. R. .7's will,

Her marriage dame E. him furvived, and died in the year, &c. And whereas the said with R. T. M. K. intermarried with R. T. late of, &c. efq; deceafed, and afterwards by indenture tripartite, duly inrolled, bearing date, &c. and made between the faid R. T. and M. his wife, of the first part, J. N. of, &c. merchant, of the second part, and A. C. of, &c. gent. of the third part, and by fine and recovery daly had and fuffered in pursuance thereof, All the faid farm, &c. were conveyed To the use of the faid R. T. and M. his wife, for and during their natural lives and the life of the longeit liver of them, without impeachment of wafte, and after the deceafe of the furvivor of them, To the ufe of the heirs of the body of the faid R. T. and M. his wife lawfully iffoing; and for default of fuch iffue, To the use of the right heirs of the furvivor of them the faid R. T. and M. his wife: And whereas the faid M. T. afterwards died without iffue, and the said R. T. her furvived, and by his last will and teftament in writing, bearing date, &c. devised unto J. G. of, &c. doctor in divinity, and A. his wife, fifter and heir of the faid R. T. All his eftate both real and personal, until T. G. eldeft fon and heir-apparent of the faid J. G. and A. his wife, fhould attain the age of 24 years; and then devifed all his lands and tenements to the faid T. G. for ever; but in cafe the said T. G. fhould die before he attained the age of 24 years, then he gave all his real cflate to the faid A. G. and her heirs and affigns for ever, and thereby appointed all his debts to be paid and fatisfied out of his real and perfonal eftate, and to that end directed that the faid. G. fhould fell his manor, &c. in E. and if the monies arifing by fuch fale fhould fall fhort to fatisfy all his debts, that then he should fell any other of his lands, for raifing fo much money as fhould fall fhort; and made the faid J. G. fole executor, and fhortly after died: And whereas fome fuits and controverfies did arife after the decease of the faid R. T. between the faid . G. and the children and grandchildren of the faid four fifters of the faid Sir R. K. (the faid four fifters being all dead before the faid dame E. K.) touching and concerning the faid farms and lands herein after particularly mentioned; and to end the faid Agreement by fuits and controverfies, the friends and agents of the children and grandchildren of the faid four fifters of the faid Sir R. K. did propofe to the faid J. G. to convey their feveral interefts and fhares therein, to the end ag them. faid F. C. and his heirs, for the fum of 900l. in purfuance of which agreement the children and grandchildren of the faid J. C. F. D. and M. K. three of the faid four filters, have for the confideration of three feveral fums of 2257. to the said defcendants of each of the said three fifters, paid by the faid J. G. and equally divided among them, fhare and hare alike, conveyed their feveral interefts and shares of and in the faid lands and hereditaments to the faid 7. G. his heirs and aligns, to the ufe of him the faid 7. G. his heirs and affigns for ever: And whereas the right and title to the other fourth part is defcended and come to the defcendants of the faid E. O. (that is to fay) M. B. the only furviving daughter of the faid E. O. which faid M B. now is, and for divers years Jaft paft hath been lunatic, and under a difability to convey, and the faid E. IV. and F. T. are both infants, and under the age of 21 years, and thereby difabled to convey; but their next friends, relations and guardians, are all fatisfied that the faid agreement made with the faid doctor G. on their behalf, will be much for their benefit and advantage, in cafe they could execute the faid agreement and receive their fourth

and death. Law fuits.

the children

and grand

child.en on

Conveyance

by three of them,

the fourth a lunatic. Infan's

part

fhall be vefted

part and fhare of the monies agreed to be paid to and for their ufe and Caufe of this benefit by the faid 7. G. but the faid J. G. cannot with any fecurity pay act. the faid purchase-monies, nor reap the benefit of the faid agreement on his part, without the aid and affiftance of an act of parliament: May it therefore please your moil excellent Majelly, at the humble fuit and requeft of T. B. gent. fon and trustee of the faid M. B. and J. V. clerk, and H. T. clerk, guardians of the faid E. IV. and F. T. and of the faid J.G. That it may be enacted, And be it enacted by, &c. That the fe- Enacted, that the premifles veral eftates, interefts and fhares of the faid M. B. E. W and F. T. and of every of them, of and in all that meffuage, &c. and the reverfion in trufees, and reverfions, 'remainder and remainders thereof, fhall from henceforth be, and hereby are actually vefted and fettled in Sir J. M. of, &c. knight, and T. B. of, &c. efq; and their heirs and affigus, Upon trust that upon nevertheless, and to the intent and purpose, that they the faid Sir J. M. payment of and B. and the furvivors, &c. fhall, upon payment of the feveral M. B. E. W. interefts and shares of the said M. B. E. IV. and F. T. of, in and to the ad F. 7. they fhall convey faid 225/. and interest to the faid Sir F. M. and T. B. refpectively, the premifles. by the faid doctor G. his heirs or affigns, grant and convey the fame mefluages, &c. unto the said doctor G. and his heirs and affigns, by fuch good and fufficient conveyances and affurances, as counfel learned in the law of the faid doctor G. his heirs or affigns, fhall reasonably de

vife or advife and require: And it is hereby further enacted, by, &c. Guardians reThat the feveral receipts of the faid T. B. truflee of the faid . B. ceipts good. and 7. V. and H. T. guardians of the said E. IV. and F. T. for the feveral interests and fhares of the faid M. B. E. W. and F. T. of and in the faid 2257 and intereft, fhall be a fufficient difcharge to the faid doctor G. his heirs and affigns for the fame; and that then and from thenceforth all and fingular the faid farms, &c. herein before Premiffes particularly mentioned, and every part and parcel thereof, fhail be freed. abfolutely freed and discharged of and from the faid 225l. and intereft, and all other the right, title, intereft, claim and demand whatfoever, either in law or equity, of them the faid M. B. E. W. and F. T. and of every of them, and of every other perfon or perfons claiming or to claim by, from or under them or any of them,

or by, from or under the faid E. 0. deceased. Saving, &c. (other Saving, &c. than and except all and every person and perfons claiming or to claim

by, from,
cited will, or otherwise) all fuch eftate, &c.

or under the faid Sir R. K. by virtue of the faid re

VOL. I.

SECONDLY,

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