Habendum, PURCHASES. described, and fo hereby directed, limited, and appointed, by the faid L. S. as aforefaid, with their and every of their appurtenances, and all and fingular other the hereditaments whatsoever, which by a certain indenture tripartite, of release, bearing date the day of ——, and made, or mentioned to be made, between the faid H. M. fince deceased, of the first part, J. L. aforefaid, of the fecond part, and T. B. of, &c. gent. of the third part, were conveyed, limited, or appointed, to the ufe of the faid H. M. his heirs and affigns, or intended so to be, and the reversions, &c. eftate, &c. deeds, &c. TO HAVE AND HOLD the faid meffuages, tenements, or dwelling-houses, yard and garden, out-houses edifices, and buildings, thereunto belonging, and all and every other the hereditaments and premises hereinbefore mentioned to be hereby granted and released, or intended fo to be, with their appurtenances, unto the faid G. W. and 1. M. their heirs and affigns, to the only proper use and behoof of the faid G. W. and I. M. and the heirs and affigns of the said G. W. for ever. But as to the estate and intereft of the faid I. M. in the faid premises, in truft only, for the faid G. W. his heirs and affigns, (covenant by T. T.for himfelf and L. his wife, and for his and her heirs, executors, and administrators, with G.W. his heirs and affigns, that they will levy a fine fur con, de doit come ceo, &c. unto the faid G. W. and I. M. and the heirs of the faid G. W. to enure to the ufe of the faid G. W. and I. M. and the heirs and affigns of the faid G. W. for ever, but nevertheless, as to the eftate and intereft of the faid to the purchafer, &c. in fee. I.M. in trust only as aforefaid (a). Like coven- PURCHASES. ants for the title with the faid G. W. and I. M. and the heirs and affigns of the faid G. W. Like (a) It will be perceived on referring to the preceding recital of the marriage settlement of Mr. and Mrs. T. (p. 62.) that both their freehold meffuages, &c. are limited to the only proper ufe and behoof of the trustees, their heirs and affigns for ever, to, for, and upon the feveral ufes, trufts, intents, and purposes thereinafter limited &c. concerning the fame, confequently the legal estate was thereby limited to the trustees; and the fubfe quent eftates attempted to be limited by way of use, could only be in nature of trust, but as the settlement contains a provifo enabling Mr. and Mrs. T. at their free will and pleasure, from time to time, and at any time or times, to revoke, alter, make void, or change all and every or any or either of the use or uses, eftate or eftates, trufts, &c. therein mentioned, declared, limited or appointed; and by the fame or any other deed, &c. to limit, declare, and appoint any new or other use or uses of the premises or any part thereof, and with or without power of revocation, and fo from time to time, as they fhould jointly think fit, and as they by their joint deed of revocation, did in pursuance of such their power, abfolutely revoke, alter, make void, and change all and every such ufe and uses, estates, trusts, &c. in and by the fettlement feverally mentioned, expreffed, declared, limited, or appointed, concerning the premises, they of course revoked the only legal use thereby limited, which was to the trustees and their heirs, who thereupon ceased to have any eftate remaining in them. They then by the fame deed, limit and appoint certain legal uses of the meffuages late belonging to Mrs. T. and the first of such ufes is unto and for the only proper ufe, and behoof of Mrs. T. and her affigns, during her life, with remainder to the ufe of the faid truftees, to preserve the contingent remainders. And from and immediately after her decease, then to the use of such persons, &c. as she shall by deed or will appoint, and after all the uses are diftributed in the deed of revocation, the words, "to and for no other use or ufes, intereft or purposes, whatsoever." are made use of, there In PURCHASES. Covenant to produce the marriage fettlement and the deed of revocation, and new appointment. witness, &c. was no other power of revocation and new appointment inferted in this deed, as there undoubtedly might have been if the parties had chofen, but the last words therein show that they had it not in contemplation, therefore the power of appointing new uses under the fettlement or subsequent deed is out of the question, for it seems to me that as no new power of revocation was reserved in the laft deed, the power given to Mr. and Mrs. T. in the fettlement is extinct, and the premises ftand irrevocably fettled to the uses limited by fuch deed of revocation and new appointment, the firft of which ufes is to Mrs. T. for life, and I know not how fuch life eftate can be divested out of her but by a fine, because her power of appointment is only of the reverfion of the premifes, from and after her decease. As the purchase money is fo fmall, I am forry I can't think myself at liberty to advise payment of it without a fine, unless the purchaser thinks proper to accept Mr. T.'s bond to warrant the title. But as it is likely Mrs. T.'s other uses may be fold, the best method appears to me for Mr. and Mrs. T. to levy a fine of the whole to Meffrs. M. L. and T. (the truftees in the deed of revocation and new appointment) and the heirs of one of them, and by a separate deed to declare that the fame fhall enure to fuch uses, &c. as Mr. and Mrs. T. fhall by deed jointly appoint, and for want of, and until fuch appointment, to the use of the trustees during the joint lives of Mr. and Mrs. T. upon truft to apply the rents for the separate use of Mrs. T. and if Mr. T. die in her life time, to the ufe of Mrs. T. in fee; but if fhe dies in his life time, then to the use of such perfons as fhe (notwithstanding her coverture) fhall by will appoint, and for want of fuch appointment, to her own right heirs, and then I truft Mr. and Mrs. T. will be able to make a good title to the purchafers. MSS. Op. Deed of Appointment of a Manor, Advowson, Lands, PURCHASES. &c. to a Purchafer, by Virtue of a Power of Sale, &c. contained in a Marriage Settlement. duke of and of THIS indenture tripartite, &c. made between the most noble &c. efq. of the first part, the second part, and chafer,) of the third part. of, &c. efq. of earl of, (the pur[Recital of a marriage fettlement, in which the power to make the present appointment is contained.] In which faid in- Recital of denture of release and fettlement now in recital, er of fale. is contained a provifo or power, whereby it was declared and agreed, by and between the faid parties thereto, that notwithstanding any of the uses, estates, limitations, and trufts, thereinbefore See ante, p. 5, contained, it should and might be lawful, to and 34. for the faid, and, and to and for the faid and and the survivor, and the heirs and affigns of fuch furvivor, at any time or times during the natural lives or life of the faid and, or the life of the furvivor of them, by and with the consent and approbation of the faid and, or the furvivor of them, (teftified by fome writing under the hands and feals, or hand and feal, of them, or the furvivor of them, and to be attefted by two or more credible witneffes,) to fell, dispose of, or convey in exchange for, or in lieu of other freehold lands and hereditaments, in fee fimple, in poffeffion, and copyhold lands of inheritance, or either of them, to be fituated fomewhere in that part of Great Britain called England, all PURCHASES. and every or any of the manors, meffuages, lands, tenements, hereditaments, and premifes, thereby and and , and the furvivor of them, and the heirs and affigns of fuch furvivor, (by and with fuch confent and approbation, and teftified as aforefaid,) by any deed or deeds, writing or writings, to be by them, or the survivor of them, sealed and delivered, in the prefence of, and attested by two or more credible witneffes, to revoke, determine, and make void, all and every of the uses, trusts, eftates, powers, and provifos, and limitations, thereinbefore limited, created, declared, and contained, of and concerning the manors, meffuages, lands, tenements, hereditaments, and premises, therein before granted and released, or intended fo to be, which fhould be fo fold, difpofed of, or exchanged, and by the fame or any other deed or deeds, writing or writings, to be fealed, and delivered, and attefted, as aforefaid to limit and appoint the fame manors, meffuages, lands, hereditaments, and premifes whereof the ufes fhould be fo revoked either unto fuch purchafer or pur |