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PURCHASES. and administrators, and for the said M. his wife, and her heirs, do severally further covenant, promise, and agree, to and with the said W. E. his heirs and assigns, by these presents, that they the faid G. W. S. his wife, C. K. B.S. A. R. W.R. A. hris wife, P. M. and S. his wife, P. 1. and M. his wife, or fome or one of them, their, or fome or one of their heirs, executors, or administrators, shall and will, at any time or times hereafter, upon the request, and at the costs and charges of the faid W. E. his heirs and assigns, produce, or show forth, or cause, and cause or procure to be produced and shown forth to the said W. E. his heirs or assigns, or to his or their counsel, agent, or attorney, or upon the execution of any commission or at any trial or hearing in any court of law or equity, or other judicial court, or elsewhere, as occasion shall be or require, all or any of the indentures of leafe and release, bearing date respectively the - - day of, in the year of our Lord ---, and also the hereinbefore in part recited indentures of the and - days of --, and the - day of, and likewise an indenture bearing date the day of the fame month of made between the faid L. R. of the one part, and B. H. of --, of the other part, for the defence, manifestation, and support, of the estate, right, title, and possession, of the said W. E. his heirs and assigns, of and in the said close, piece or parcels of land and tithes, hereinbefore particularly mentioned and described, unless they the faid G. W. S. his wife, C. K. B. S. A. R. W. R. A. his wife, D. M. S.his wife, and P. I. and M. his wife, refpectively, and their respective heirs, executors,

or administrators, shall be prevented or hindered PURCHASES.

from so doing, by force or accident.

ness, &c.

In wit

If the deed of appointment be of lands fituated in a register county, it must be registered like other conveyances. All doubts upon this subject were removed by the cafe of Scrafton v. Quinsey, 2 Vez. 413.

+ Deed of Appointment by a Feme Covert of a Moiety of ber Reversionary Estate in fettled Premises, to a Purchaser, (after the decease of Husband and Wife, and failure of Issue,) in pursuance of a Power, with Limitation of the other Moiety as an Indemnity to the Purchaser against a Power to Charge, &c.

THIS INDENTURE of four parts, made, &c. between B. M. wife of the rev. B. E. late of in the county of --, &c. and now of the city of in - or of fome other part beyond the

-

Recital of mar

referved.

seas, of the ist. part, A. B. of &c. of the 2d. part, M. E. fpinster, and A. T. gentleman, of the 3d, riage fettlement 3d, part, and F. G. and T. W. of the 4th part. under which WHEREAS by indenture of leafe and release, bear appointment is ing date respectively, the and - days of --, which was in the year of our Lord, the release being quinquepartite, and made, and expressed to be made between the said B. E. of the ist. part, the faid B. M. by her then name, and description, of of the second part, F. J. gentleman, of the third part, W. J. and A. N. of the fourth part, and D. H. and lieutenant colonel P. W. of

PURCHASES, &C. of the fifth part. Reciting that a marriage was then intended to be shortly had and folemnized, (and which was foon after had and folemnized) between the faid B. E. and B. M. AND further, reciting that the faid B. M. was seised in her demefne, as of fee, of and in (amongst other estates,) all that &c. thereinafter mentioned, to be thereby granted and releafed, and that upon the treaty of the faid intended marriage, it was agreed, by and between the faid E. B. and B. M. that all the faid meffuages, &c. of her the faid B. M. should be by her granted, conveyed, fettled and limited, to the several uses, intents and purposes, and upon the trusts, and subject to the powers, provifos, limitations, and agreements, thereinafter mentioned. Ir was witnessed, that in pursuance and part performance of the faid agreement, and in confideration of the faid intended marriage, and for the conveying, fettling, and affuring of the faid hereditaments and premises, to the uses and upon the trufts, and subject to the powers, provifos, and agreements thereinafter mentioned, to be thereby granted, and released, and in confideration of -to the faid B. M. paid by the faid F. 7. she the faid B. M. with the privity and confent of the faid B. E. (teftified as therein mentioned) did grant, bargain, fell, alien, release, and confirm unto the faid F. J. and to his heirs and affigns, (amongst other things) all that &c. together with all and fingular, cottages, houses, &c. to hold the fame unto the faid F. J. his heirs and affigns, to the use and behoof of the faid B. M. her heirs and affigns, until the faid intended marriage should be had and folemnized, and from and after the folemnization

f

thereof, then to the use and behoof of the faid J. PURCHASES. W. and N. A. their executors, administrators and affigns, for and during, and unto the full end and term of 99 years, from thence next enfuing, without impeachment of waste, and from and after the expiration or other fooner determination of the faid term of 99 years, and in the mean time fubject thereto, and to the trufts thereof, to the use of the faid B. E. and B. M. and of the survivor of them, for and during the term of their natural lives, and the life of the longest liver of them, without impeachment of, or for any manner of wafte, and from and after the determination of those eftates by forfeiture or otherwise, to the use and behoof of the faid F. J. and his heirs, during the natural lives of the faid B. E. and B. M. and the life of the longer liver of them, upon trust to preserve the contingent uses, and remainders thereinafter limited, from being defeated or destroyed, but to permit the faid B. E. and his affigns, during his life, and after his decease, the faid B. M. and her affigns, during her life, to have, receive, and take the rents, issues and profits of the faid premifes, to his, her, and their own proper ufes respectively, and from and immediately after the feveral deceases of the faid B. E. and B. M. then as to, for, and concerning the faid capital messuages, : &c. to the use of the faid D. H. and P. W. their executors, administrators and affigns, for and during, and unto the full end and term of 1000 years, from thence next enfuing, and fully to be compleat and ended, without impeachment of wafte, upon the trufts and for the purposes thereinVOL. II.

E

PURCHASES. after limited, declared or expressed, concerning the fame, and as to, for, and concerning the faid last mentioned premises, from and immediately after the expiration or other fooner determination of the faid term of 1000 years, and in the mean time subject thereto, and to the trusts thereto, to the use and behoof of the first son of the body of the faid B. E. on the body of the faid B. M. to be begotten, and to the heirs male of the body of fuch

Recital of the

ing the wife power to ap

point.

first fon, lawfully issuing; and for default of fuch limitation giv- issue, to the use and behoof of the 2d, 3d, 4th, 5th, 6th, 7th, and all and every other the fon and fons of the body of the faid B. E. on the body of the faid . B. M. to be begotten, severally, fuccessively, and in remainder, one after another, as they and every of them should be in priority of birth, and seniority of age, and the several and respective heirs male, of the body and bodies of all and every fuch fon and fons lawfully issuing, so as that the elder of fuch fon, and the heirs of his body should be always preferred, and take before the younger of the fame fons, and the heirs male of his and their body and bodies, and in default of fuch issue, to the use and behoof of all and every the daughter and daughters of the body of the faid B. E. on the body of the faid B. M. to be begotten, and they to take as tenants in common, and not as jointenants, nor to take by furvivorship, and of the heirs of the body and bodies of all and every fuch daughter and daughters lawfully issuing, and failing iffue of any of the faid daughters, then as to the share and shares of fuch daughter and daughters whose issue should fail, to the use and behoof of all and every other

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