C writing reciting that her fifter the faid F. I. by the faid will herein. before-mentioned, had devifed all her eftate, both freehold and copyhold, to her executor the faid H. H. to hold to him and his affigns upon the trufts in the faid will of the faid F. I. in that behalf herein before-mentioned, fhe the faid M. T. in pursuance of the power vested in her the faid M. T. in and by the said laft will and teftament of the faid F. I. and fo far as the the faid M. T. might or could, did give, devise and bequeath unto the said IV. M. and I. H. their heirs and affigns for ever, ALL her the faid M. T.'s real, perfonal and copyhold eftates, goods and chattels, plate and effects what-· foever, (except the several specifick plate, rings and cloaths in the faid writing mentioned to be difpofed of by her the faid M. T.) in truft, thereby and thereout in the firft place to pay and difcharge all her the faid M. T.'s juft debts and funeral charges, by fale and difpofal of all her personal eftate; and after payment and fatisfaction thereof, then to pay the rents, profits and produce of a moiety of a copyhold eftate at Cin the county of H (being the copyhold eftate herein before mentioned) unto the faid I. T. her husband, for and during the term of her natural life, and from and after his decease, the faid M. T. by the faid writing, did order and direct the fame eftate to be fold and difpofed of by the faid W. M. and I. H. (whom by the faid writing the faid M. T. appoints to be her executors) or by the furvivor of them, for the best price that could be got for the fame; and by and with the monies arifing therefrom, or by fale of her perfonal eftate, to lay out so much in government or other good fecurities, as would raife and pay the fum of 5 1. a year, clear of all incumbrances, which the the faid M. T. by the faid writing, gave and bequeathed unto I. M. daughter of the faid W. M. her heirs and affigns for ever. AND after the payment of all and every her debts, funeral charges, and the legacies by her given, the faid M. T. did give the refidue and remainder of her faid effects, unto I. C. and M. M. in the faid writing mentioned, and equally to be divided among them, share and fhare alike, as in and by the faid writing and appointment, remaining in the Prerogative Court of Canterbury, relation to the fame being had, may more fully and at large appear; and the faid M. T. dying fome time in or about the month of now last past, thereupon, by virtue of the faid writing and appointment of the faid M. T. as alfo under the will of the faid F. I. they the faid W. M. and 7. H. became entitled to fuch eftate, whether real or perfonal, which the faid M. T. exclufive of the faid F. T. her husband, under the will of the faid F. I. had power to difpofe of; fubject nevertheless to the several trufts and directions in the faid writing and appointment of the faid M. T. mentioned and directed; AND have taken upon them the execution of the faid trust. AND whereas the faid J. T. under and by virtue of the faid writing or appointment of the faid M. T. (fubject to the payment of the debts and 28 + Ee funeral funeral charges of the faid M. T.) by virtue of the truft declared in the faid writing and appointment declared fo entitled to the rents, profits and produce of the moiety of the copyhold estate in the faid writing or appointment mentioned, for and during the term of his natural life. AND WHEREAS the faid J. T. being legally fettled in the faid parish of St. Botherwife B-. was by God's permiffion vifited and deprived of his fenfes, (which fince by God's grace he has happily recovered) and during the time of his being fo deprived of his fenfes, the church wardens and overfeers for the time being of the faid parish of St. Bother wife B, laid out not only for the fupport and maintenance of the faid 7. T. but likewife for the procuring him to be cured, feveral fums of money, amounting in the whole to the fums of which has fince been paid and fatisfied to the churchwardens and overfeers of the poor of the faid parish, parties to these prefents, by and from the said 7. T. himself, in full fatisfaction of what was fo due to the faid parish, on the account herein before-mentioned, of which faid fum of they the faid churchwardens and overfeers of the poor of the faid parifh, parties to these presents, do (being thereunto enabled by an order of veftry of the faid parish, bearing date the day of now laft) acquit and difcharge the said 7. T. and his eftate; AND WHEREAS it may fo happen, that the faid . T. may hereafter be chargeable to the faid parish; Now this indenture witneffeth, That the faid 7. T. hath appointed, ordered and directed, and by these prefents doth appoint, order and direct, that if at any time hereafter, the faid 7. T. fhould by any ways or means whatever become chargeable to the faid parish, and the churchwardens and overfeers of the poor of the faid parish for the time being fhould lay out and expend for the fupport and maintenance of the faid 7. T. any fum or fums of money, during fuch time or times as the faid f. T. fhall happen to be fo chargeable to the faid parish, that in every fuch cafe and cafes, they the said W. M. and J. H. and the furvivor of them, and every other perfon or perfons whatfoever, claiming by, from or under them, or the furvivor of them, or any wife interested in the faid moiety of the said copyhold eftate, under and by virtue of the faid writing and appointment of the faid M. T. do, by and out of the rents, profits and produce of the moiety of the faid copyhold eftate, and fo far as the fame will, would pay unto the churchwardens and overfeers of the poor of the said parish for the time being, all fuch fum and fums of money as the faid churchwardens and overfeers of the poor of the faid parifh for the time being fhall lay out and expend for the fupport and maintenance of the faid J. T. during fuch time or times as he the faid 7. T. fhall fo happen to be chargeable to the faid parifh, the refidue of the rents, profits and produce of the moiety of the faid copyhold eftate, to be paid to fuch perfon or perfons, as under the faid J. T. would be entitled to the fame; provided always, nevertheless, nevertheless, and it is agreed by and between the faid parties to thefe prefents, that until the faid 7. T. fhall become chargeable to the faid parish, that they the faid W. M. and J. H. and the furvivor of them, fhall and will from time to time, well and truly pay, or cause to be paid to the faid 7. T. or his affigns, the clear rents and profits of the faid moiety of the faid copyhold eftate, for and during the term of his natural life. AND they the faid W. M. and J. H. for themfelves feverally and refpectively, and not the one for the other, and for their several and respective executors and adminiftrators, and not for the executors or adminiftrators of the other of them, do covenant, promise and agree, to and with the faid churchwardens and overfeers of the poor of the faid parish, parties to these presents, and to and with each and every of them, and to and with their, each and every of their executors and adminiftrators, that in cafe the faid J. T. fhall at any time hereafter by any ways or means whatever become chargeable to the faid parish, and that the churchwardens and overfeers of the poor of the faid parifh for the time being fhall lay out and expend for the maintenance and fupport of the faid 7.Ť. any fum or fums of money, during fuch time or times as the faid 7. 7. fhall happen to be fo chargeable to the faid parish, that then the faid W. M. and J. H. or one of them, fhall and will from time to time, by and out of the rents, and profits of the faid moiety of the faid copyhold premiffes, and fo far as the fame fhall clearly amount unto and extend, repay unto the churchwardens and overfeers of the poor of the said parish for the time being, for the use and benefit of the faid parish, all and every fuch fum and fums of money as the churchwardens and overfeers of the poor of the faid parifh,' fhall have at any time laid out and expended for the maintenance and fupport of the faid J. T. during such time or times as the faid 7. T. fhall have happened to be fo chargeable to the faid parish. AND the faid W. M. and J. H. do alfo for themselves feverally and refpectively, and not the one for the other, and for their feveral and respective executors and adminiftrators, and not for the executors or adminiftrators of the other of them, do by these presents covenant, promife and agree, to and with the faid 7. T. his executors, adminiftrators or affigns, that they the faid W. M. and J. H. or one of them, fhall and will from time to time pay, or caufe to be paid, to the faid J. T. and his affigns, for and during the term of his natural life, the clear rents and profits of the faid moiety of the faid copyhold premiffes which hall accrue and be paid, and payable at any time after the feaft day of St. Michael the archangel last past, and before the faid 7. T.'s becoming chargeable to the said parish. Provided always, neverthelefs, and it is agreed by and between the parties to thefe prefents, that it fhall and may be lawful in the first place, for the faid W. M. and J. H. and for the furvivor of them, to retain and take to him and themselves all and every fuch cofts and charges as they or any of them shall have neceffarily laid out and expended + E e 2 in in and about the execution of the truft reposed in them as aforefaid; any thing in thefe prefents contained to the contrary thereof in anywife notwithstanding. AND they the faid 7. K. and R. T. parties to these presents, churchwardens and overfeers of the poor of the faid parish, by virtue of, and in pursuance of the faid order of veftry, for themselves and their fucceffors, do by these presents covenant, promife and agree, to fave and bear harmless, and keep indemnified, the faid W. M. and J. H. and each of them, their and each of their executors and administrators, and their and each of their goods and chattels, lands and tenements, of, from and against all and all manner of coits, charges, damages and expences, which they or any of them fhall or may be obliged to pay, lay out, be put unto or fuftain, not only by or on account of, by reafon or means of any payment to be made of the rents and profits of the moiety of the faid copyhold premiffes as by virtue of these presents, but also for or by reafon of the faid W. M. and J. H. or of either of them, having already and before the execution hereof, delivered over to the faid 7. T. and the churchwardens and overfeers of the poor of the parish, or fome or one of them, for or in truft for the faid . T. any goods or chattels claimed or reputed to be the feparate eftate of the faid M. T. and J. T. or either of them; AND the said 7. T. in confideration of thefe prefents, doth by these prefents remife, releafe, and for ever quit claim unto them the faid W. M. and J. H. and to each of them, all and all manner of action and actions, cause and caufes of action, claim and demand whatfoever, which he the faid. T. now hath against them the faid W. M. and J. H. or against either of them, for or in refpect, or by reafon or means of them the faid W. M. and J. H. having poffeffed him or themfelves of any goods and chattels whatsoever, which were in the poffeffion of the faid M. T. at the time of her death, and for or by reason,. means or occafion of any other caufe, matter or thing whatsoever, to the day of the date of these prefents. IN WITNESS, &c. Query. Are the executors of M. T. juftified in entering into this deed, under the power and authority given them by the will of the faid M. T.? If so, are they fufficiently indemnified by the provifionary covenants entered into on their behalf by the churchwardens and overfeers of the parish of St. B and the said J. T. ? Opinion. As this act of the executors, feems folely calculated for the benefit of 7. T. and it being the apparent intention of the teftatrix M. T. to make a provifion out of her copyhold eftate for the faid J. T. during his life, I think, were the executors called on for the ftep they have taken, a court of equity would juftify them therein. Lincoln's Inn, O&. 23, 1754. E. H. CASE, CASE. HIS Indenture, made the TH fum of the in the county of day of in the county of in year of the reign of our fovereign lord George the fecond, by the grace of God, of Great Britain, France and Ireland, King, defender of the faith, and fo forth; and in the year. of our Lord God between H, W. in the county of → Esq; (first fon of the body of H. R. W. late of aforefaid, but formerly of -Efq;, deceased, on the body of A. formerly A. C.) his late wife alfo deceafed begotten) of the one part, and R. F. of in the county of gentlemen, of the other part. Witneffeth that the faid H. W. for and in confideration of the of lawful money of Great Britain, to him in hand paid by the faid R. F. at or before the enfealing and delivery of these prefents, the receipt whereof is hereby acknowledged, hath bargained and fold, and by these prefents doth bargain and fell unto the faid R. F. ALL that the manor (here recite the parcels) To have and to hold the faid manor or lordship, or reputed manor or lordship, and all and every the meffuages, farms, lands, tenements, hereditaments and other the premiffes hereby bargained and fold, or mentioned, or intended to be hereby bargained and fold unto the faid R. F. his execu→ tors, adminiftrators and affigns, from the day next before the day of the date of these presents, for and during and unto the full end and term of one whole year from thence next enfuing, and fully to be compleat and ended, yielding and paying therefrom unto the faid H. W. his heirs and affigns, the rent of one pepper-corn only, on the last day of the faid term, if the fame fhall be lawfully demanded, to the intent and purpose that by virtue of thefe prefents and of the statute for transferring of ufes into poffeffion, the said R. F. may be in the actual poffeffion of, all and fingular the faid hereby bar gained and fold premiffes, with the appurtenances, and may thereby be enabled, to take a grant or release of the reverfion and inheritance thereof to him and his heirs in fuch manner, and for fuch usesintents and purposes, as by the said writing doth in, tend to grant or release the same by one indenture to bear date the day next before the day of the date of these prefents. IN WIT NESS, &c. Sealed, &c. 35 +Ff CASE. |