her or their body and bodies, then as to the fhare and fhares of her or them fo dying without iffue, to the ufe and behoof of the furvivors or others of them, fhare and fhare alike, as tenants in common and not as joint-tenants, and of the several and respective heirs of the body and bodies of fuch furvivors, or others of them; and if all the faid daughters but one fhall happen to die without iffue of their bodies, or if there fhall be but one fuch daughter, then to the use of fuch only daughter, and of the heirs of her body; and for default of all fuch iffue, then to the use and behoof of the faid D. D. and his heirs and affigns for ever, and to and for no other ufe, intent or purpose whatsoever. In which faid fettlement fhall be contained a provifoe or power of the faid D. D. at any time during his life, and after his decease, to and for the faid G. A. his intended wife, at any time during her life, by indenture under their refpective hands and feals, to make leafe of the premifes fo to be purchased as aforefaid, or any part thereof, to any perfon or perfons, for a term or number of years not exceeding twenty-one years in poffeffion, and not in reverfion, remainder or expectancy; fo as upon every fuch leafe there be referved and made payable during the continuance thereof respectively, the moft and beft improved yearly rent that can be reafonably had or gotten for the fame, without taking any fum or fums of money, or other things by way of fine or income, for or in refpect of fuch leafe or leafes, and fo as none of the faid leafes be made difpunishable of wafte, by any exprefs words therein; and fo in every fuch leafe there be contained a claufe of re-entry for non-payment of the rent or rents to be thereby referved, and fo as counterparts be taken of fuch leafe and leafes. And it is hereby declared and agreed by and between all the faid parties to thefe prefents, that it fhall and may be lawful to and for the faid E. E. and F. F. and the furvivor of them, and the executors and admininiftrators of such survivor, in the mean time and until the said sum of pounds fhall be laid out in a purchase or purchases as aforesaid, from time to time to lend and place out the fame, or any part thereof, upon any publick or private fecurity or securities, at intereft, or lay out and inveft the fame or any part thereof in the purchase of flock in the bank of England, South-Sea company, or Eaft-India company, with the good-liking and approbation of the faid Sir A. A. and D. D. or their refpective executors or administrators, and from time to time to call in fuch monies fo lent or placed out on fecurities as aforefaid, to fell or difpofe of fuch ftock fo to be purchased as aforefaid, or any part thereof, and again to lend, place out or inveft the fame or any part thereof in manner aforefaid, as often as they fhall think fit, with fuch approbation as aforefaid. And it is hereby further declared and agreed by and between all the faid parties to thefe prefents, that in the mean time, and until the said fum of pounds fhall be laid out in a purchase of meffuages, lands, tenements or hereditaments as afore

faid, all the interest, proceed and produce that shall be made thereof, hall be from time to time paid to and received by fuch perfon or perfons, as and to whom the rents and profits of the premises fo to be purchased as aforefaid, (if purchafed) would for the time being belong or appertain, by virtue of the ufes and limitations above mentioned. And it is hereby further declared and agreed, by and between all the said parties to thefe prefents, that the faid E. E. and F. F. their executors or adminiftrators, or any of them, fhall not be charged or chargeable with or accountable for any more monies than they respectively fhall actually receive by virtue of the trufts aforefaid, nor with or for any lofs which fhall happen of the faid monies or any part thereof, fo as the fame happen without their wilful default, nor the one of them for the other of them, or for the acts, deeds, receipts and difbursements. And alfo that it fhall and may be lawful to and for the faid E. E. and F. F. their heirs, executors and adminiftrators, and every of them, in the first place, by and out of the premises to deduct and reimburse themselves all fuch lofs, cofts, damages and expences, as they and every or any of them fhall fuftain or be put unto, for or by reafon of the trufts hereby in them repofed, or the management or execution thereof, or any other thing in any wife relating thereunto. Provided always, and it is hereby further declared and agreed, by and between all the faid parties to thefe prefents, and it is the true intent and meaning of them and of thefe prefents, that in cafe the faid intended marriage fhall take effect, and the faid D. D. fhall happen to die in the lifetime of the faid G. A. his intended wife, and that there be no iffue between them living, or in ventre fa mere at the time of his decease, which shall be afterwards born alive, then and in fuch cafe fhe the faid G. fhall and may have, claim and enjoy, to her, her heirs, executors and adminiftrators refpectively, to and for her and their own respective use and benefit, (over and above her aforefaid jointure) one full third part (the whole in three equal parts to be divided) not only of the faid principal fum of pounds, or the lands and tenements to be purchased therewith, from and after the decease of the faid G. but also of all and every other the lands, tenements and hereditaments, monies, goods, chattels and perfonal eftate, which the faid D. D. or any other in truft for him fhall be feifed or poffeffed of, or entitled unto at the time of his deceafe, (except his meffuages, lands and tenements at in the county of whereof he is now feised or poffeffed for his life, with divers remainders over, by virtue of a fettlement made thereof by L. D. gent. deceafed, late uncle of the faid D. D. Provided alfo, and it is hereby further declared and agreed, by and between all the faid parties to the fe prefents, and it is the true intent and meaning of them and of thefe prefents, that in cafe the faid intended marriage fhall take effect, and the faid D. D. shall happen to die in the lifetime of the faid G. his intended wife, and that there fhall be iffue between them only

3 H 2

2

one

one child or two children, and no more living, or in ventre fa mere, at the time of his decease, and which fhall be hereafterwards born alive, then and in fuch cafe, fhe the faid G. fhall and may have, claim and enjoy, to her, her heirs, executors and administrators refpectively, to and for her and their own respective use and benefit, over and above her aforefaid jointure) one full third part (the whole in three equal parts to be divided) of all and every the lands, tenements and hereditaments, monies, goods, chattels and perfonal eftate which the faid D. D. or any others in truft for him, shall be seised or poffeffed of or intitled unto at the time of his deceafe (except the faid principal fum of pounds, and the remainder and inheritance of the meffuages, lands, tenements or hereditaments fo to be purchafed as aforefaid, expectant on the death of the faid G. and alfo except his faid meffuage, lands and tenements at

aforefaid). Provided alfs, and it is hereby further declared and agreed, by and between all the faid parties to thefe prefents, and it is the true intent and meaning of them and of these prefents, that in cafe the faid intended marriage fhall take effect, and the faid D. D. fhall happen to die in the lifetime of the faid G. his intended wife, and that there fhall be iffue between them, three or more children living, or in ventre fa mere as aforefaid, at the time of his decease, then and in fuch cafe fhe the faid G. fhall and may claim and enjoy, to her, her heirs, executors and adminiftrators refpectively, to and for her and their own refpective ufe and benefit (over and above her aforefaid jointure) only one full fifth part (the whole in five equal parts to be divided) of all and every the lands, tenements and hereditaments, monies, goods, chattels and perfonal eftate, which the faid D. D. or any other in trust for him, shall be seifed or poffeffed of, or entitled unto at the time of his decease, (except the faid principal fum of pounds, and the remainder and inheritance of the meffuages, lands, tenements or hereditaments fo to be purchased as aforefaid, expectant on the death of the faid G. and alfo except his faid real eftate at aforefaid.) And the faid D. D. doth hereby for himself, his heirs, executors and adminiftrators, covenant, promise and agree, to and with the faid E. E. and F. F. their executors and adminiftrators, that as any of the contingencies in the faid three laft mentioned provifoes expreffed fhall happen to arife, the heirs, executors and adminiftrators of him the faid D. D. fhall and will thereupon convey, affign and make over unto and to the use of, or intruft for the said G. A. her heirs, executors and adminiftrators refpectively, a third part or a fifth part (as the cafe may be) of fuch his faid real and perfonal eftate as aforefaid, (except as in the faid refpective provifoes is excepted or mentioned to be excepted refpectively.) IN WITNESS, &c.

Sealed, &c.

A Con

A Conveyance before Marriage by the intended Wife, to the Hufband and bis Trustees, of a Mortgage in Fee, in Part of ber Portion.

T

HIS Indenture made, &c. between dame A. A. of
county of

Efq; and E. E. of

indenture of leafe and

and the release the

in the

of the one part, and D. D. of, &c. Efq; of the other part. Whereas by releafe, the leafe bearing date the

day of

which was in

the year of our Lord 17, the releafe being quadrupartite, and made or mentioned to be made between F. F. the elder, of

in the county of

the younger, of —

-, builder, and 7. his wife, and F. F.

in the faid county of

gent. eldeft fon and heir apparent of the faid F. F. the elder of the first part, L. L. of in the county of fecond part, N. N. late of then of

brick-maker, of the in the faid county of

and

in the faid county yeoman, of the third part, and the faid dame A.A. of the fourth part; ALL that garden or piece of ground inclosed with a brick wall, containing by eftimation two acres, more or less, then or then late in the occupation of R. R. abutting South-Eaft on a flip of ground then in the poffeffion of the faid F. F. the elder, North on -, East on a piece of arable land fold to T. T. and then in the tenure of the faid R. R. and Weft upon the highway leading to, with the two coach-houfes, and two ftables lately built thereon, then or then late in the poffeffion of W. W. Efq; and alfo all that piece or parcel of ground containing three roods, be the fame more or lefs, being part of half an acre formerly in the tenure of X. X. and alfo all thofe feveral meffuages or tenements, buildings and premifes by the faid F. F. erected and built, and then erecting and building; (that is to fay) ALL that meffuage or tenement and ftable then or then late in the tenure or occupation of Z. Z. and then late in the occupation of A. A. and thentofore of B. B. and all that meffuage or tenement then or then late in the tenure or occupation of C. C. and all those two small meffuages or tenements then begun and then in building, and all and every the buildings, outhoufes, yards, gardens, courts, ways, paths, paffages, waters, watercourfes, lights, easements, profits, commodities, emoluments and appurtenances whatsoever, to all and fingular the faid premifes, or any part or parcel thereof belonging.or appertaining, or therewith held, ufed, occupied or enjoyed, as part, parcel or member thereof, or appurtenant thereunto; all which said premifes are fituate, lying and being in aforefaid, in the

faid county of; and alfo all other the freehold metfuages,

lands

lands and tenements, ground and hereditaments whatsoever, of him the faid F. F. the elder or F. F. the younger, or whereof or wherein any perfon or perfons, in truft for him the faid F. F. the elder or F. F. the younger, then was or were feised, situate, lying or being in the fields, precincts, territories, liberties, or parish of in the county of, and all ways, waters, watercourfes, lights, easements, commons, privileges, profits, emoluments, commodities, hereditaments and appurtenances whatsoever, to all and fingular the faid premifes belonging or in any wife appertaining, or therewith then or at any time theretofore usually held, occupied or enjoyed, or accepted, reputed, deemed or taken, as part, parcel or member thereof, or appertaining thereunto; and the reverfion and reverfions, remainder and remainders, rents, iffues and profits, and all the eftate, right, title, intereft, ufe, poffeffion, truft, property, benefit, claim and demand whatfoever, of them the faid L. L. N N. F. F. the elder, and 7. his wife, and F. F. the younger, of, in, to or out of the faid premifes, or any part thereof (except as therein is excepted) were for the confideration of pounds, by the faid dame A. A. paid, as in the faid indenture of releafe is mentioned, granted and conveyed to the faid dame A. A. and to her heirs, to the ufe of the said dame A. A. and her heirs, fubject to a provifo or agreement for the redemption of the premises, on payment of the faid principal fum of

And

pounds with intereft, unto the fame dame A. A. her executors or adminiftrators, at the days and times in the faid indenture of release mentioned. And whereas by feveral indorfements made upon the faid indenture of releafe, all and fingular the premises are charged with the payment of the farther fum of pounds and intereft, to the faid dame A. A. her executors or administrators, fo that the principal sum of pounds with intereft, by the faid recited mortgage, is fecured to the faid dame A. A. whereas there is a marriage, by the grace of God, fhortly hereafter intended to be had and folemnized between the faid D. D. and the faid dame A. A. and it hath been agreed, that in cafe the faid intended marriage fhall take effect, the faid D. D. fhall have and receive all the money due, and to grow due upon the faid recited mortgage, as part of the marriage-portion of the fame dame A. A. NOW this indenture witneffeth, that the said dame A. A. for and in confideration of the faid intended marriage, and of the fum of fhillings by the said D. D. and E. E. to the faid dame A. A. in hand paid, the receipt whereof the faid dame A. A. doth hereby acknowledge, and for divers other good caufes and confiderations, the faid dame A. A. thereunto moving, hath granted, bargained, fold, released and confirmed, and by thefe prefents doth grant, bargain, fell, releafe and confirm unto the faid D. D. and E. E. (in their actual poffeffion now being, by virtue of a bargain and fale to them thereof made for one whole year by the faid dame A. A. by indenture bearing date the day next before the day of the date of these prefents,