RECOVE-
RIES.

By an Infant.

of a daughter or daughters, to be distributed as FINES AND thereinafter mentioned and appointed, (that is to say) if but one daughter, then the sum of or if two daughters and no more, the sum of and if three or more daughters, then the sum of to be equally divided amongst them, to be paid to every of them as they should respectively attain the age of years, or be married, which should first happen. AND, in and by the same indenture quadrupartite, it is provided, declared, and agreed, by and between all the parties thereto, that it should and might be lawful to and for the said (father) by any deed or deeds, writing or writings, or by his last will and testament, subscribed and sealed in the presence of three or more credible witnesses, to charge ALL and every the said manors, lands, tenements, and hereditaments in the county of with the sum of AND it is thereby further appointed, directed, and declared by and between the same parties, that the said (trustees) should and might raise the said sum of of the rents, issues, and profits, or by sale, lease, or mortgage of all or any part of the said manors, lands, tenements, and hereditaments limited to them for years, for all or any part of the said term, immediately from and after such time and times as be the said (father) should have charged the same to be raised and levied to be disposed of as he the said (father) should think

fit.

out

whereby father

AND WHEREAS the said (father) in pursu- Also of indenance and full execution of the said power to him ture tripartite, given and reserved in and by the said indenture quadrupartite, touching the said sum of

DID by indenture tripartite bearing date the said

exercised power

reserved by last deed.

FINES AND
RECOVE-
RIES.

By an Infunt.

day of

and made or mentioned to be made between, &c. ; and by the said (father) subscribed and sealed in the presence of the witnesses whose names are thereupon indorsed, CHARGE all and every the said manors, lands, tenements, hereditaments, and premises in the said county of and thereby appoint, direct, and declare the said (trustees) their executors, administrators, and assigns, should and might raise and levy the said sum of out of the rents,

issues, and profits, or by sale, lease, or mortgage of all or any part of the said manors, lands, tenements, hereditaments and premises limited to the said (trustees) for the said term of

years,

for all or any part of the said term, in possession or reversion, immediately from and after any one of the said (daughters) of him the said (father) should attain her age of years, or be mar. ried, or the said (younger son) should attain his age of years, which should first happen, as in and by the said recited indenture quadrupartite of release, and indenture tripartite, relation being thereunto respectively had amongst other things more fully may appear. AND WHEREAs there is no issue male of the body of the said (father) on the body of the said (his first wife) begotten, now living, and only (two daughters) come intitled to who have both attained their respective ages of years, and are by virtue of the said indenture quadrupartite of release, become entitled to the said sum of thereby provided

Recital that

there is no issue male of

father by first

wife, and only

who have be

portions under last mentioned indentures.

for their portions, and to be equally divided between them as aforesaid; and by the said deed of the day of

further sum of "

3

to the

charged upon the same term

of

years, as aforesaid.

part of the said

FINES AND
RECOVE-

RIES.

By an Infant.

death of three

term of

Also death of

survivor, his

appointment of

AND WHEREAS, the said (three of the trustees of the term) all died in the life-time of the said (surviving trustee) whereby he became solely possessed of the said term of years, in and by the said Recital of the indenture quadrupartite, created and limited as trustees of said aforesaid, by survivorship; and he the said (surviving trustee) has since also departed this life, having first made his last will and testament in will and writing, and thereof constituted and appointed executors, parthe said (parties hereto of the second part) exe- ties hereto, cutors, who have all duly proved the same in the Prerogative Court of Canterbury, and taken upon them the burthen and trouble of the execution thereof. Now THIS INDENTURE FURTHER WITNESSETB, that as well for and in consideration of the said sum of of lawful money as aforesaid, marriage portion, as of other part of the said portion to the said (two daughters) well and truly paid by the said (father of intended wife) at or before the sealing and delivery of these presents as aforesaid, in full of all monies due and payable upon the said term and estate for years, or wherewith the same is charged or chargeable; and also for and in consideration of the sum of shillings apiece of like lawful money as aforesaid, to the said (executors) in hand well and truly paid by the said (cognizees) at or before the sealing and delivery of these presents, the receipt whereof they do hereby respectively acknowledge, and to the intent that the said term of years of and in the said manors, lordships, messuages, lands, tenements, hereditaments, and premises, in the

the further sum of

FINES AND said county of

RECOVE

RIES.

By an Infant.

in and by the said re

cited indenture, quadrupartite, limited and created as aforesaid, may be merged and extinguished, they the said (exccutors) at the request, and by the order, direction, and appoint.

ment, of the said (daughters) (testified as aforeSurrender of said) and also the said (daughters) HAVE and term to merge. each and every of them HATH surrendered and released, and by these presents Do, and each and every of them DOTH surrender and release unto the said (cognizees) their heirs and assigns, all and singular the said manors, lordships, mes. suages, lands, tenements, hereditaments, and prenises, in and by the said recited indenture quadrupartite, limited and conveyed to the said (deceased trustees) their executors, administrators, and assigns, for the term of

years as aforesaid, and every part and parcel thereof, with their and every of their rights, members, and appurtenances, and all the estate right, title, interest, term of years yet to come and unexpired, claim and demand whatsoever, both at law and in equity, of them the said (erecutors) (and the daughters) and each and every of them of, into and out of the same manors, lordships, messuages, lands, tenernents, hereditaments, and premises, and every part and parcel thereof by force and virtue of the said recited indenture quadru partite, or otherwise howsoever, To HAVE AND T HOLD the said manors, lordships, messuages, lands, tenements, hereditaments, and all and singular the said premises, herein before mentioned and intended to be hereby surrendered and released, and every part and parcel thereof, with their and every of their rights, members, and ap

purtenances, as long as the rules of law and equity PINES AND will permit, unto the said (cognizees) their heirs

RECOVE
RIES.

and assigns, to the same uses, intents, and pur- By on Infant. poses, and subject to the same powers, provisoes, trusts, limitations, and agreements, as are hereinbefore thereof respectively limited and declared, and to and for no other use, intent, or purpose, whatsoever. AND the said (one of the executors) Covenant from for himself, his heirs, executors, and administra-cutors that he tors, doth hereby covenant, promise, and agree to to encumber. and with the said his heirs and as

one of the exe

has done no act

signs, that he the said (executor) hath not at any time heretofore made, done, or committed, any act, matter, or thing, whatsoever, whereby or by reason or means whereof the said manors, lordships, messuages, lands, tenements, hereditaments, and premises, herein before mentioned or intended to be hereby surrendered or released, or any part or parcel thereof, is, are, can, shall, or may be any wise impeached, charged, or incumbered, for title, charge, estate, or otherwise howsoever. [Here introduce similar covenants from the other executors.] PROVIDED ALWAYS, and it is hereby Power of revo declared to be the true intent and meaning of these presents and of the said parties, that it shall and may be lawful to and for the said (father) at any time or times hereafter, by any deed or deeds, to be by him sealed and delivered, or his last will in writing, to be by him signed and published in the presence of three or more credible witnesses, to revoke, alter, or make void in all or any of the said several nanors, lands, and premises, in the said counties of

and

or

either of them intended to be comprized in the several fines covenanted to be levied thereof respectively as aforesaid, the use and uses, estate

cation as to

part.