A deed of confirmation of a will, of goods and lands by the beir at law to thedevifee, (who is alfo executor), and a bargain and fale (to be enrolled) of the fame lands., HIS INDENTURE made the THIS day of day of, in the -year of the reign, &c. between A. A. of London, fpinfter, grand-daughter and heir at law, of B. A late citizen and plumber, of London, deceased; that is to fay, only child and heir of C. A. late citizen and plumber, of London, deceafed, who whilft living, was the eldest fon, and heir apparent of the faid B. A. of the one part, and D. A. of London, Gent. the now only furviving fon of the faid B. A. of the other part: Whereas the faid B. A. in and by his laft will and teftament, in writing, by him duly published, dated, on or about the which was in the year of our Lord (after fome pecuniary legacies and bequests, therein given to the faid A. A. and other perfons therein named), DID give and bequeath, unto the faid D. A. and his heirs, for ever, all the reft, refidue and remainder of his the faid testator's eftate, both real and perfonal, and all his freehold houses, meffuages, and lands, and all and fingular his real estate in the city of London, or elsewhere, either in poffeffion or reverfion, together with all and fingular his monies, plate, goods, debts, chattels, fubftance, and eftate whatfoever; and did conftitute and appoint the faid D. A. fole heir and executor of his faid laft will and teftament, and none other; which faid will has fince been duly proved by the faid D. A. in the prerogative court of Canterbury, as in and by the fame will, and probate thereof, relation being thereunto had, may more fully appear. And whereas the faid A. A. is well fatisfied with the faid will, and that the fame was according to the real mind and intention of the faid B. A. and that he was of found mind, memory, and understanding, at the time of his making thereof, and that he did duly fign, feal, and publifh the fame, as the law in fuch cafes requires; and therefore to prevent any charge, trouble, or expence, to the faid D. A. in proving the will in a court of equity, for the perpetuating the teftimony of the witneffes thereof, the the faid A. A. at the request of the faid D. A. has confented and agreed, and is, very ready, willing, and defirous, to ratify, confirm, and establish the faid will. NOW this indenture witneffeth, that in confideration of the premifes, and for divers other good caufes and confiderations, her the faid A. A. thereunto moving, the the faid A. A. bath ratified, confirmed, and established, and by thefe prefents doth ratify, confirm, and establish, the faid laft recited will and teftament of the faid B. A. and all and every the gifts, bequeft, matters, and things therein contained. And this indenture further witneeth, that for the confiderations aforefaid, and for the further and better, ratifying and confirming the fame will, as to the faid gift and bequeft therein contained, of the real estate of the faid B. A. unto the faid D. A. and and his heirs as aforefaid, and for and in confideration of the fum of pounds of lawful money of Great Britain, to the faid A. A. in hand, paid by the faid D. A. at or before the enfealing and delivery of thefe prefents, the receipt whereof is hereby acknowledged, the the faid A. A. hath granted, bargained, fold, and confirmed, and by thefe prefents doth grant, bargain, fell, and confirm, unto the faid D. A. his heirs and affigns, ALL the faid freehold houses, meffuag, lands, and real eftate, late of the faid B. A. which in and by his faid will, were given and bequeathed, or mentioned, or intended to be given and bequeathed unto the faid D. A. and his heirs, as aforefaid, with their and every of their appurtenances, and the reverfion, and reverfions, remainder, and remainders, yearly and other rents, iffues, and profits thereof, and of every part and parcel thereof; and alfo all the eftate, right, title, intereft, truft, property, claim, and demand whatfoever, both at law and in equity, of her the faid A. A. of, in, to, or out of the fame meffuages, or tenements, lands, hereditaments, and premifes, every or any part thereof; To have and to hold the faid meffuages or tenements, lands,' hereditaments, and all and fingular other the premifes, with their appurtenances, unto the faid D. A. his heirs and affigns for ever, to and for the only proper use and behoof of the faid D. A. and of his heirs and affigns for ever. AND the faid A. A. doth hereby, for herself, her heirs, executors, and adminiftrators, covenant, promife, and agree, to and with the faid D. A his heirs, and affigns, that the the faid A. A. and her heirs, and all and every other person, and perfons, having, or lawfully claiming, or which fhall, or may have, or lawfully claim, any eftate, right, title, truft, or intereft of, in, to, or out of the faid meffuages, or tenements, lands, hereditaments, and premifes, or any part thereof, from, by, or under, or in truft for her or them, fhall and will, at any time or times hereafter, upon every reasonable requeft, and at the coft and charges of the faid D. A. his heirs, or affigns, make, do, acknowledge and execute, or caufe to be made, done, acknowledged and executed, all fuch further and other acts, deeds, conveyances, and affurances, in the law as well for the further ratifying, confirming, and establishing of the faid recited will, as alfo for the further and better granting, conveying, and affuring of the faid meffuages, or tenements, lands, hereditaments, and premifes, with the appurtenances, unto, and to the ufe of the faid D. A. his heirs and affigns for ever, as by the faid D. A. his heirs or affigns, or his or their counfel, fhall be reasonably advised, or devised and required; Provided always, and it is hereby agreed between the faid parties hereto, that these presents, or any thing herein contained, fhall not extend, or be conftrued to extend, to releafe or difcharge the legacy, or fum, or fums, of money given and bequeathed to the faid A. A. in and by the faid recited will, or any part thereof. IN WITNESS, &c. A confirmation of former mortgage-deeds, by a party who had not executed them. The mortgagee covenants (in cafe of early payment), to accept less than lawful intereft, viz. four per cent. T HIS INDENTURE made the year of the reign of our fovereign Lord King day of and in the George the Third, by the grace of God, of Great Britain, &c. between A. A. late of and now of in the county of Efq; of the one part, and E. E. of Gent. of the other part. Whereas by certain indentures of leafe and release, bearing date refpectively the day of -, the release being tripartite, and made, or mentioned to be made, between F. F. of. in the county of Efq; furviving executor of the laft will and teftament in the county of of 7. F. late of Efq; decealed, of the first part, the said A. A. of the second part, and the faid E. E. of the third part, reciting. That by indentures of leafe and releafe, bearing date refpectively, the days of, which was in the year of our Lord and made between the faid A. A. of the one part, and J. F. (fince deceased), and the faid F. F. of the other part, he the faid F. F. DID bargain, fell, release, and confirm to the faid E. E. and his heirs; and it is therein mentioned, that the faid A. A. in confideration of the fum of pounds to him paid by the faid E. E. DID grant, release, ratify, and confirm, unto the faid E. E. and his heirs, ALL that capital messuage, manor, chapel, and demefne lands of -; and all and fingular other the lands and hereditaments, which in and by certain indentures of leafe and release therein recited, bearing date respectively, the day of -, were granted and releafed, with their and every of their appurtenances, unto and to the use of the faid E. E. his heirs and affigns for ever, fubject to a provifoe therein contained, for redemption of the premifes, on payment to the faid E. E. his executors, adminiftrators, or affigns, of the fum of pounds, of lawful money of Great-Britian, without any deduction, or abatement, in manner following, (that is to fay) the fum of pounds, part thereof on the day of pounds, next enfuing the date thereof, and the fum of refidue, and in full payment thereof, on the — day of then and now next enfuing, and which will be in the year of our Lord -, as in and by the faid recited indentures of leafe and releafe, of the days of -, among divers covenants and agreements therein mentioned, on the part and behalf of the faid A. A. his heirs, executors, and administrators, relation being thereunto had, may more fully appear. day of tures of the And whereas the faid inden by the said F. F. on the day of the date of the fame indenture of were actually executed, release, release, and the faid days of pounds were then really and truly paid by the faid E. E. to the faid F. F. but the said A. A. by reafon of his being then at aforefaid, where he then refided, and hath ever fince fo done, did not execute the faid indentures of leafe and release, of the nor hath yet executed the fame, but the faid E. E. has executed a counterpart of the fame indenture of release. NOW this Indenture witneffeth, and the faid A. A. doth hereby declare that the faid pounds were fo paid to the faid F. F. by the faid E. E. as aforefaid, and that the faid indentures of leafe and release of the days of — were executed by the said F. F. with the confent and approbation of him the faid A. A. and he the said A. A. doth hereby ratify and confirm the fame indentures of leafe and release, and every grant, article, claufe, covenant and agreement therein mentioned; and for and in confideration of the faid fum of — pounds fo paid by the faid E. E. to the faid F. F. as aforefaid, and of the fum of of like lawful money to the faid A. A in hand paid by the faid E. E. at and before the fealing and delivery of thefe prefents, the receipt whereof is hereby acknowledged, he the faid A. A. doth hereby releafe unto the faid E. E. (in his actual poffeffion now being) and his heirs, ALL thofe the faid capital meffuage, manor, chapel, and demefne lands of aforefaid, and all and every the meffuages, farms, lands, tenements, tithes, hereditaments, and other the premifes, which in and by the faid recited indentures of leafe and release of the days of days of were bargained, fold and released, or mentioned or intended fo to be, with their appurtenances, and all the eftate, right, title, intereft, claim, and demand whatfoever of him the faid A. A. in and to the fame, To hold the fame unto, and to the use of the faid E. E. h heirs and affigns for ever, but to be fubject nevertheless to the provifoe of redemption aforefaid, contained in the faid indenture of release. AND the faid A. A. doth hereby for himfelf, his heirs, executors, and adminiftrators, covenant promife, grant and agree to, and with the faid E. E. his heirs, executors, adminiftrators, and affigns, that he the faid A. A. his heirs, executors, or adminiftrators, fhall and will, well and truly pay, or caufe to be paid unto the faid E. E. his executors, adminiftrators, or affigns, the faid fum of pounds, at fuch times and place, and in fuch manner, as in the faid provifoe contained in the faid indentures of leafe and releafe of the days of mentioned for payment thereof, without any deduction or abatement of taxes or otherwife as aforefaid, according to the true intent and meaning of the fame provifoe, And alfo the faid A. A. his heirs, executors, and adminiftrators, fhall and will well and truly obferve, perform and keep all and every other the covenants and agreements on his and their parts, to be performed and kept which are contained in the fame indenture of releafe as fully and effectually to all intents and purposes whatfoever, as if he had actually fealed the fame indenture, or as if the faid covenants and agreements were herein particularly mentioned and exprefled. And lastly, the faid E. E. doth hereby for himself, his heirs, executors, and adminiftrators, covenant, promife, and agree to and with the faid A. A. his executors and adminiftrators, that in cafe the faid A. 4. his heirs, executors, or adminiftrators, fhall and do yearly yearly and every year, from time to time, and for fo long time, as the faid principal fum of pounds or any part thereof, fhall remain due and owing to the faid E. E. his executors, or adminiftrators, upon the faid mortgage, and fecurity of the day ofwell and truly pay, or caufe to be paid unto the faid E. E. his executors, adminiftrators, and affigns, by even and equal half yearly payments, upon every day of - and day ofin every year, or within days next after every of the fame refpective half yearly days of payments, the yearly fum of pounds of lawful money of Great Britain, for the full use and intereft of the faid whole principal fum of pounds (being after the rate of pounds per cent. per annum) and so proportionably, and after that rate for fo much of the faid fum of pounds, as fhall then remain due, or owing, then, and in fuch cafe, and not otherwise, he the faid B. E. his executors, adminiftrators, or affigns, fhall and will from time to time, receive and accept of the fame in lieu, and full fatisfaction of and for the intereft of the faid pounds after the rate of pounds per cent. per annum, herein before provided, and covenanted to be paid for the faid principal fum of pounds, and fhall and will from time to time give receipts, and discharges for the fame accordingly; any covenant, provifoe, or agreement, therein before contained to the contrary thereof in any wife notwithstanding IN WITNESS, &. A Confent. A deed poll, being the affent of a fon (to whom a moiety of bis fifter's portion was devifed over, in cafe she should marry a particular perfon) that the intereft fhall be paid her, fuch marriage not having taken effet, nor the portion yet payable. HEREAS A. A. late of WHE in the county of dyer, deceased, DID in and by his laft will and teftament in writing, dated on or about the day of among other things therein contained, Give to his daughter D. A. the fum of pounds to be paid her within a year after her marriage with any man whatsoever (except Mr. E. E. of aforefaid ;) but if he then was or fhould be married to the faid E. E. then he gave her pounds and no more, and then the said legacy of pounds to ceafe, and directed, that after his decease, intereft for the faid pounds in the mean time, till payment thereof fhould be made to the faid D. for her fupport and maintenance, by equal quarterly payments, as therein is mentioned, if fhe was not then married to the faid Mr. E. E. but if she was or fhould be married to him, then the said pounds legacy to be forthwith paid her, and then the quarterly payments to her and the faid intereft money fhould forthwith fink; and thea |