PUR- the space of fix months after the duke of M. fhall CHASES. have attained his age of 21 years, or die under that age, then, and in fuch case, and at all times from PUR CHASES. An Agreement upon the fale of Premifes by Executors: whereby Part of the purchafe Money is to remain in the Purchafer's Hands, until Minors (a) shall attain the Age of Twenty-one, and execute Conveyances. vendors. ARTICLES of Agreement made, entered into, and E. T. E. T. concluded upon, this day of in the year R.R. purchaser. of the reign, &c. and in the year of our Lord between E. T. of in the county of widow, and E. T. of -- in the county of --, gentleman, executors of the laft will and teftament of WV. T. of, aforefaid, merchant, deceased, of the one part, and the right honourable R.R. of, in the faid county of, and one of His Majesty's most honourable Privy Council, of the other part. Whereas [Recital that W. T. by his laft will gave his fon W. T. when of age, all his real estate, charged with certain legacies to his four young children when of age, and alfo to the child of which his wife was then enfient, provided fuch child should attain the age of 21 years, if not, to be divided among his other children, (except his said son Wm.) and he gave all his perfonal eftate, after payment of his debts, to be equally divided among his children: That the teftator died foon after without altering or revoking the fame. That E. T. the widow was then enfient of a fon who died an infant, that one of the children had attained her age of 21 years and received her portion of the money she was entitled (a) In what cafes minors can, and in what they cannot execute valid conveyances, and the reafon of fuch ability and disability, fee ante, p. 3. 62 PUR to under the will. That the other two children are CHASES. each entitled to £500 under faid will, and their portion of the fhare of the deceafed child. Recital of leafe and release, whereby the faid W. T. and E. T. granted and conveyed a meffuage, freehold lands, &c. late the estate of the faid W. H. deceased, to faid R. R. in fee, and faid W. T. covenanted to furrender copyholds to the use of the faid R. R. his heirs and affigns. Recital of indenture, by which the faid executors affigned a parcel of land, being part of the perfonal estate of the faid W. T. deceased, to faid R. R. for the refidue of a term of 1,000 years, Recital that two of the faid children are yet under age, and that the faid prem:fes are fubject to the payment of the portions to which the faid children are entitled during their minorities, and as they cannot execute effectual releases for faid fums, it was agreed, previous to the fale of faid premises, that the amount of faid feveral fums to which the faid children are entitled, fhould be retained by faid R. R. out of the said purchase money upon his entering into a bond for payment thereof with intereft as aftermentioned.] Now THESE PRESENTS WITNESS, that in confideragreed that the ation of the premifes, and in purfuance of the fhall ftand pof- aforefaid agreement in this behalf, it is hereby covefum and intereft nanted, concluded, declared, and agreed upon, by a moiety of faid and between the faid parties to thefe presents, and principal fum particularly the faid E. T. and E. T. parties here Witness, thatit is executors, &c. feffed of the faid upon truft, as to for S. T. one of the children, till the fhall at to, do hereby declare and agree, that they the faid E. T. and E. T. and the survivor of them, and the executors, administrators, and affigns, of fuch furvivors, fhall and will ftand poffeffed of and interefled in the faid fum of 13331. 6s. 84. and the interest thereof, and every part thereof refpectively, upon the trufts, for the intents and purposes, and fubject to the provifos and agreements hereinafter expreffed, tain the age of declared, and contained, of and concerning the fame, PUR(that is to fay, )as to the fum of 6661. 13s. 4d. being CHASES. a moiety of the said principal fum, and the interest thereof, in truft for the faid S. T. until the fhall 21 years or fhall attain the age of 21 years, (a) or fhall die under age, or thall rethat age, or fhall neglect or refufe to execute fuch fuch affurances deed or deeds as hereinafter is or are mentioned ; 135. die under that fufe to execute as hereinafter mentioned, and in cafe faid S. T. fhall attain execute fuch deeds, then faid fum with upon truft to pay and in case the said S. T. fhall attain her age of 21 years, and fhall execute fuch deed or deeds as afore- faid age and faid, then upon truft, to pay the sum of 6661. 4d. and all intereft accrued, due in refpect thereof unto the said S. T. or her affigns, for her and their own ufe and benefit; and in cafe the faid S. T. die under the age of 21 years, then they the E. T. and E. T. and the furvivor of them, and executors, adminiftrators, and affigns of fuch fur fhall intereft, to fail S. T. her affigns, &c. and in cale the faid S. T. faid hall die, under faid age, the ex the (a) Under the words, "when the fhall attain the age of 21 years," though the legacy will not be fo vefted as that in cafe of her death it fhall go to her reprefentatives, yet during her minority the will be entitled to the intereft of it, this being an exception to the general doctrine made in favour of children, or even grandchildren, but does not hold as to brothers. as collaterals; it is therefore very properly declared to be in truft for her till fhe attain 21, though if this exception was not admitted, and her title did not take place to any purpofe till she was 21, it ought to have been in truft for all entitled to the perfonal eftate under the will; though the purchafer has taken care to secure himself from the claims of the minors as to the real property, it does not appear to me, that under this inftrument he is fufficiently difcharged as to the payment of the fum which their intereft might be valued at, in the leafehold premifes affigned, for the money which has been retained is that fum only which is charged on the real estate, and nothing is referved for their hare in this perfonality. The executors' difcharge is fufficient fecurity to the purchafer; the legatees having their remedy againft them, and it was not incumbent on the purchaser to take any care but for himself this deed, therefore, the object of which is his fecurity only, need not provide for theirs, and accordingly does not. N. B. This note is fubjoined to the original draft. ecutors to ft ind poffeffed of faid fum and inter PUR CHASES. eft, in truft for the perfons en titled thereto under faid will, and as to the other moiety of upon the like trufts. vivor, shall stand poffeffed of and interested in the faid fum of 6661. 13s. 4d. and all intereft accrued, due, and to become payable in refpect of the fame, in trust for such person or persons as shall be entitled thereto, under, or by virtue of the faid will of the faid W. T. deceased; and as to the like sum of 6661.138.4d.being the other moiety of the faid printhe faid monies Cipal fum in truft for the faid E. T. the fon, until he fhall attain his age of 21 years, or fhall die under that age, or fhall neglect or refufe to execute fuch deed or deeds as aforefaid; and in case the said E. T. the fon, fhall attain the age of 21 years, and fhall execute fuch deed or deeds as aforefaid, then upon trust, to pay the faid last mentioned sum of 6661. 13s. 4d. and all interest accrued due in respect of the same, to the faid E.T. or his affigns, for his and their own use Provifo that if and benefit. Provided nevertheless, and it is hereby ST. on coming declared and agreed upon, by and between the faid parties to these presents, that in cafe the faid S. T. fhall attain her age of 21 years, and fhall for the space of fix calendar months then next enfuing, neglect or refuse to execute, or join in executing any deed or deeds which fhall or may be neceffary or expedient for effectually releafing and difcharging the faid feveral premies fo purchased by the said R. R. as aforefaid,and the several tenants,proprietors,and occupiers thereof, of and from the payment of the said sum of 6661. 13s. 4d. to which the the faid S. T. is entitled, and the intereft thereof, and every part thereof refpectively, and of and from all claims and demands in respect of the fame, upon tender being made by the faid R.R. his heirs or affigns, unto the faid S. T. of the faid fum of 6661. 13s. 4d. and of the interest The purchafer accrued, due in refpect thereof, and of fuch deed retain the or deeds for execution, then, and in fuch cases it fhall and may be lawful to and for the faid R. R. of age refufe to execute a difcharge of the premises from the 6661.135.4d. may |