fo as aforefaid, to them directed, limited, and ap- PURCHASES. pointed, in truft for fuch perfon or perfons, for fuch eftate and eftates, and in fuch parts, fhares, and proportions, and manner, and under and fubject to fuch powers, provifos, limitations, and agreements, as the the faid B. M. by herfelf alone, notwithstanding her coverture by any deed or deeds, writing or writings, to be by her fealed' and delivered in the prefence of two or more credible witneffes, or by her laft will and teftament, in writing, or any writing purporting to be her laft will, to be by her figned, fealed, and publifhed, in the prefence of, and attefted by three or more credible witneffes, fhall direct, limit, or appoint. And in default of fuch direction, limitation, and appointment, in truft, and to and for the ufe and behoof of I. I. now or late of, &c. and D. S. the wife of the above named D. H. as tenants in common, their heirs and affigns, for ever, and to and for no other trust, ufe, intent, or purpofe, whatsoever. In witnefs, &c.

*

Appointment and Releafe of Lands to a Purchafer, by a Feme Covert, (in which her Husband joins,) under a Power referved by them in a Deed of Revocation and new Appointment of Ufes under their Marriage Settlement.

day of ——— &c.

THIS indenture made the between T. T. of &c. and L. his wife, late L. N. (who was the widow and relict, and is alfo the fole devisee in fee, mentioned in the last will and

poll of revoca

cation and new

PURCHASES. teftament of W. N. late of &c. of the one part, and G. W. of &c. &c. I. M. of &c. of the other Recital of deed, part.) WHEREAS under and by virtue of a certain deed poll of revocation, and new appointment of appointment. ufes, under the respective hands and feals of the said T. T. and L. his wife, and bearing date on or about the day of which was in the year of our Lord, the meffuage, tenement or dwelling houfe and other hereditaments hereinafter particulatly defcribed, was and were, and doth now ftand limited, appointed fettled, and affured, (together with other meffuages and hereditaments of the faid L. N.) unto and for the only proper use and behoof of the faid L. N. and her affigns, for and during the time of her natural life, (a) without impeachment of wafte, and from and after the determination of that estate by forfeiture or otherwise, in her life time, to the use of certain trustees therein named, and their heirs during her life, upon truft, to preferve the contingent ufes after limited by the ways and means therein mentioned, but nevertheless, to permit and suffer the faid L. and her affigns, to receive and take the rents, iffues and profits of the faid premises, during her life, for her sole and separate use, benefit and difpofal, and from and immediately after the deceafe of the faid L. then L. T. to the use and behoof of fuch perfon and perfons, and for fuch eftate and eftates, intereft and interefts, and to and for fuch ends, intents and purposes, and upon fuch trufts,

(a) See note at the end of this precedent.

and charged and chargeable in fuch manner, and PURCHASES. fubject to, by, with, and under fuch powers of revocation, and fuch other powers, provifos, reftrictions, clauses, limitations and agreements, as the the faid L. the wife of the faid T. T. (notwithstanding her coverture) by any deed or deeds, writing or writings, or by her laft will and teftament in writings, or any codicil thereto, to be by her duly executed and attefted, should direct and limit, or appoint, give, devife or bequeath the fame or any part thereof, and for want of fuch direction, gift, devife, or bequeft of the whole or any part thereof, or in cafe any fuch fhould be, when and as the eftates or interefts thereby limited or appointed, fhould respectively end and determine, and in the mean time fubject thereto, and as to fuch parts of the faid premifes, of which there fhould be no fuch direction, limitation, or appointment, gift, devife, or bequeft, to and for the only proper ufe, and behoof of the faid L. T. her heirs and affigns for ever, as in and by the faid deed of revocation and new appointment, recourse being thereto had, will more fully appear. AND Contract for the whereas the faid G. W. party hereto, hath coutract- purchale. ed and agreed, to and with the said T. T. and L. his wife, for the abfolute purchase of the fee fimple and inheritance in poffeffion, free from all incumbrances of and in the said meffuages, tenements and hereditaments hereinafter defcribed, and intended to be hereby directed and appointed, granted and released, (being parcel of the hereditaments comprised in the faid deed of revocation and new appointment,) at, or for the price or fum of ——,

Indenture wit

neeth that the wife appoints the premises

PURCHASES. Now therefore this indenture witneffeth, that in pursuance of the faid agreement, and for and in confideration of the fum of -- of lawful money of Great Britain, to the faid T. T. and L. his wife or one of them, in hand, at or before the fealing and delivering of these prefents, well and truly paid by the said G. W. the receipt whereof the faid T. T. and L. his wife, doth hereby acknowledge, and of and from the fame and every part thereof, do, and each of them doth acquit, release, and for ever difcharge the faid G. W. his heirs, executors, and administrators, and every of them by these prefents, fhe the faid L. T. in pursuance and exercife, and by force and virtue of the power and authority fo to her for this purpose given or reserved in or by the faid recited deed of revocation, and new appointment as aforefaid, and of all and every other power and powers, authority and authorities whatsoever, to her given, or reserved, in her vested, or in any wife enabling her in this behalf, hath directed, limited, and appointed, and by this prefent deed or writing, fealed and delivered, by her the faid L. T. in the prefence of the two credible perfons, whofe names are intended to be hereupon indorfed, as witnefes attesting her execution hereof, doth at the request of the faid G. W. teftified as hereinafter mentionchafer and his ed, direct, limit or appoint, that all that meffuage, &c. and all ways, &c. reverfions, &c. and all the eftate &c. fhall from henceforth go, remain, continue, and be to the fole proper ufe and behoof of the said G. W. and I. M. and the heirs and affigns, of the faid G. W. for ever, but nevertheless as to

to the pur

trustee.

the estate and intereft therein of the faid I. M. PURCHASES. in trust only for the faid G. W. his heirs and af

figns, and to, for, or upon no other truft, intent,

or purposes whatsoever. AND this indenture fur- Indenture further witneffeth, that for the confiderations aforefaid ther witneffeth, and for the better and more effectually vefting the

pointment, re

leafe, &c.

aforesaid meffuages, tenements and dwelling house and premises in the faid G. W. and I. M. and the heirs and affigns of the faid G. W. and alfo for and in confideration of the fum of 10s. of like lawful money to the faid T. T. and L. his wife, at or before the fealing and delivering of these prefents, that the apwell and truly paid by the faid G. W. and I. M. the receipt whereof is hereby acknowledged, they the faid T. T. and L. his wife, at the special intereft and request of the faid G. W. teftified by his See ante, p. 7. being made a party to, and executing thefe prefents, have, and each of them hath granted, bargained, fold,aliened, released and confirmed, and by these presents do, and each of them doth grant, bargain, fell, alien, release and confirm unto the said G. W. and I. M. (in their actual poffeffion now being) by virtue of a bargain and sale to them thereof, made by the faid T. T. and L. his wife, in confideration of 10s. by indenture bearing date the day next before the day of the date of thefe prefents, for one whole year, and commencing from the day next before the day of the date of the fame indenture of bargain and fale, and by force of the statute made for transferring ufes into poffeffion, and to their heirs, all that and those the said meffuages, tenements, or dwelling houses, with yard, garden, hereditaments,and premises, hereinbefore VOL. II.

F