GAGE.

Provifo that

enjoy until default of pay

ment.

MORT- declared and agreed by and between the said F. R. and B. 7. that it fhall and may be lawful to and for the faid B. 7. his executors and administrators, mortgagor fhall peaceably and quietly to have, hold, occupy, poffefs, and enjoy, all and every the faid mesfuages, farms, lands, tenements, and premises, hereby affigned, or mentioned, or intended fo to be, with their and every of their appurtenances, and to receive and take the rents, iffues, and profits thereof, to his and their own ufe and ufes, until default fhall be made in payment of the aforefaid fum of, and intereft, or fome part thereof, on or at the days or times in the provifo contained in the aforefaid indenture, bearing even date herewith, mentioned, or appointed for payment thereof, without any let, fuit, trouble, denial, or interruption of, from, or by the faid F. R. his executors, adminiftrators, or affigns, or any other perfon or perfons whomfoever, lawfully claiming or to claim by, from, or under him, them, or any of them. In witnefs, &c.

B. C. affignor,
A. E. I.Mig-

nee.

Alignment by way of Mortgage of 1000 Years Term, as to two-fifths of Premifes, by executrix of Trustees in a Settlement for raising and fecuring a Sum and Intereft, being Part of the Portions of Children; with an Agreement of Jointress to poftpone her Jointure, &c.

THIS INDENTURE of five parts, made, &c. Between B. C. of &c. executrix of the laft will and teftament of Q. lord

of the first

part; Sir B. of --, in the

in the county of

---, baronet,

of the fecond part; B. M. efquire, the brother of MORTF. B. fpinfter, the eldest fifter of the faid Sir B. I. of GAGE. the third part; the right honourable lady B. F. the widow and relict of Sir B. R. baronet, deceased, of the fourth part ; and the honourable A. E. I. of -, in the county of efquire, of the fifth part. WHEREAS, &C. [Recital of marriage fettlement, whereby fettled eftates were conveyed to truftees to the ufe of hufband till marriage, then to him for life, then to the intent that wife might receive per ann. jointure, then for a term of —— — years to fecure jointure and younger children's portions.] AND whereas the faid Sir B. R. departed out of Recital of the this life fome time in the month of paft, leaving iffue the faid Sir B. I., B. M. and leaving chil B. F. parties hereto, and one other daughter, whom have atnamely, B. C. fpinfter, who have all attained their refpective ages of 21 years, and no other younger child. AND whereas the aforefaid term of years, became vefted in the faid A. by furvivorship, and he the said A. departed out of this life on or about the which was in year of our Lord, having firft duly made, figned, and publifhed his laft will and teftament in writing, bearing date the - day of

day of

now laft

Sir B. R.'s death, and his

dren, all of

tained 21.

Recital of the

years term,

became vifted by furvivorship,

the

A. who made his will and ap

pointed execu

tors.

and having conftituted and appointed B. C. fole executrix thereof, and the the faid B. C. hath fince his death duly proved his faid will, in the prerogative Court of the archbishop of and taken upon herself the burthen and execution thereof, whereby the faid term of years, or the refidue thereof yet to come and unexpired, is now vefted in her the faid B. C. her executors, adminiftrators, and affigns. AND whereas they the faid trustees have Recital that the not nor hath any of them, raifed any part of the not raised any

said sum of

trustees have

fo fecured and provided for the part of the £—,

MORT.
GAGE.

faid Sir B. R. on the body of the faid lady M. F. begotten as aforefaid, nor hath he the faid B. R. either by deed or will, made any appointments or appointment of the whole or any part of the faid fum of, fo fecured and provided as aforefaid, by reafon and means whereof they the faid B. M. B. 1. and B. C. are by virtue of and under the aforefaid in part recited indenture of release, entitled to equal parts, fhares, and proportions of the faid portions on faid sum of AND whereas the faid B. M.

Contract for

Taifing part of

mortgage of a

part of faid

pre

proportional having an immediate occafion for the fum of
being the part cr fhare of him the
the faid fum of

miles for faid

term.

faid B. M. of

and the faid

B. F. having

--, being fo fecur.

alfo prefent occafion for the fum of part of her share of the said sum of cd and provided as aforefaid, which faid feveral fums of —, and —, making together the fum of —, they the said B. M. and B. F. have applied to and requested the faid A. I. E. to lend and advance unto them, which he the faid A. 1. E. hath with the privity and confent of the faid B. I. agreed to, upon the fecurity of a proportionate part of the faid premifes, and upon having an affignment to him made of fuch proportionate part of the faid premises for the refidue yet to come and unexpired, of and in the faid term of years, by her the faid B. C. in whom the fame is now vefted for fecuring the repayment thereof, with intent Indenture wit in fuch manner as is hereinafter mentioned: Now THIS INDENTURE WITNESSETH, that for and in conficestui que trusts. deration of the fum of—, of good and lawful money of Great Britain, to the faid B. M. as alfo, of the fum of, of like lawful money, to the faid

neffeth.

Termor and

(a) Whether all trustees of a term must join in the af fignment. Lil. Conv. 97. 1 Ca. Op. 399. 2 Pow. Wood. 392.

GAGE.

B. F. by the faid A. E. I. by and with the privi- MORTty, confent, and approbation of him the faid Sir B I. teftified by his being a party to and fealing and delivering these prefents, in hand well and truly paid at or before the fealing and delivering of these presents, the receipt and payment of which faid several fums of —, and — they the faid B. M. and B. F. do and each of them doth hereby acknowledge, and thereof, and therefrom, and of and from every part thereof, do and each of them refpectively doth acquit, release, exonerate, and difcharge the faid A. I. E. his heirs, executors, administrators and affigns, and every of them by these presents, and alfo, for and in confideration of the fum of 10s. of like lawful money, by the faid A.I.E. to the faid B.C in hand likewife paid at or before the fealing and delivery of these prefents, the receipt whereof the the faid B. C. doth alfo hereby acknowledge, fhe the faid B.C. at the fpecial instance and request, and by the direction and appointinent of the faid Sir B. I. B. M. and B. F. teftified by their being made parties to, and feverally fealing and delivering thefe prefents, HATH Affign and copgranted, bargained, fold, affigned, transferred and fet over, and by thefe prefents DOTI grant, bargain, fell, affign, transfer, and fet over, and they the faid Sir B. I. B. M and B. F. HAVE and each of them refpectively hath granted, ratified, and confirmed, and by thefe prefents do and each of them refpectively DOTH grant, ratify, and confirm unto him the faid A. I. E. his executors, adminiftrators and affigns, two undivided fifth-parts, (the of the premises. whole in five equal parts being divided,) of and in ALL that the aforefaid manor, or lordship, or reputed manor, or lordship of, in the faid county of --, and of, and in all and every the meffuages,

two fifth parts

MORT- lands, tenements, mills, rents, courts-leet, courtsGAGE. baron, view of frankpledge, fervices, liberties, privileges, franchifes, advantages, commons, common of pasture, ways, waters, easements, profits, commodities, hereditaments, and appurtenances whatsoever, to the faid manor belonging or appertaining, or reputed to be part or parcel thereof, and alfo, of and in all and every other, the manors, meffuages, fee farm, or other rents, or hereditaments whatsoever, late of the faid Sir B. R. or wherein he, or any other perfon or perfons in trust for him, had any estate, inheritance or freehold either, in law or equity, in poffeffion, reverfion, remainder, or expectancy in the town, parish, or precinct of, aforefaid, in the faid county of (the perpetual advowfon and right

of

patronage in the parish church of -, aforefaid only excepted) and alfo, of and in all and fingular, other the hereditaments, which in and by the faid hereinbefore recited indenture of release were granted and released, and of, and in their appurtenances, and in all the estate, right, title, intereft, term and terms of years, ufe, truft, property, claim, and demand whatf ever, both at law and in equity of them the faid B. C. Sir B. L., B. M. and B. F. and of each, and every of them, of, in, and to, from, or out of the faid two undivided fifth- parts hereby granted, bargained, fold, affigned, ratified, and confirmed, or intended fo to be, and every part and parcel thereof, with their refpective rights, members, and appurtenances together with all deeds, evidences and writings of, touching, or concerning the faid hereby affigned and confirmed hereditaments and premifes, or any part or parcel thereof, now in the cuftody or power of them the faid B.C. Sir B. I. B. M. and B. F. or any one, or more