CASE. T HIS Indenture tripartite, made the in the day of year of the reign of Sovereign Lord George the fecond, by the grace of God King of Great Britain, &c. and in the year of our Lord between H. W. of in the in the county of Efq; (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, also deceased begotten) of the first, R. F. of in the county of gent. of the fecond part, and R. C. of the in the parish of in the county of Efq; of the third part; Witneffeth, That for the barring and docking all eftates-tail, reverfions and remainders, of and in the feveral manors, farms, meffuages, lands, tenements, hereditaments, and other the premiffes herein after mentioned, with the appurtenances, and for fetting and affuring the fame premiffes with the appurtenances, to and for fuch ufes, intents and purposes, as are herein after limitted and declared, of and concerning the fame; AND in confideration of of lawful Britif money to the faid H. W. in hand paid by the faid R. F. at or before the fealing and delivery of thefe prefents, the receipt whereof is hereby acknowledged, and for other good caufes, he the faid H. W. hath granted, bargained, fold, releafed and confirmed, and by thefe prefents doth grant, bargain, fell, release and confirm unto the faid R. F. and his heirs, (in his actual poffeffion now being, by virtue of a bargain and fale to him thereof, made by the faid H. W. by indenture bearing date the day next before the day of the date of these presents, for the term of commencing from the day next before the day of the date of the fame indenture, and by force of the ftatute for transferring of ufes into poffeffion) ALL that the manor or lordship of, and all that the manfion or inanor-house of with the lands, tenements, and hereditaments thereunto belonging, heretofore in the tenure or occupation of W. M. his affignees or affigns, under tenant or undertenants, but now in the occupation of the faid HW. and of J. B.-A. H. widow, M. B. S. M. and D. D. as his tenants, or of fome or one of them, their, fome or one of their undertenants or undertenants; and alfo all that farm called with the lands, tenements and hereditaments thereunto belonging, formerly in the tenure or occupation of M. P. his affignees or affigns, or undertenant or undertenants, but now in the occupation of 7. C. his undertenant or undertenants; AND alfo all that farm called or known b the name of -- with the lands, tenements and hereditament thereunto belonging, formerly in the tenure or occupation of D.F 4 his affignee or affigns, undertenant or undertenants, but now in the occupation of the faid 7. B. his undertenant or undertenants; AND all thofe coppice-woods, fituate, lying and and being in —and aforefaid, in the faid county of, containing by eftimation acres, heretofore in the tenure or occupation of H. W. (grandfather of the faid H. W. party, but now of the said H. W. party hereto, and of J. B. gent, or one of them hereto) his undertenant or undertenants. AND alfo all th. t meffuage or tenement, and lands. thereto belonging with the appurtenances, called or known by the name of fituate and lying in the feveral parishes of and or one of them in the faid county of, formerly in the tenure of 7. S. and late in the feveral tenures or occupations of T. G. J. D. and J. W. their affignee or affigns, under-tenant or under-tenants; and alfo all thole feveral coppice-woods herein after mentioned, (that is to fay) ALL that coppice-wood or wood-land, 'called or known by the name of the containing by eftimaperches; and alfo all that coppice-wood or wood-land, called or known by the name of , containing by estimation acres roods and perches; and alio all that coppice-wood or wood-land called or known by the name of -, containing by eftimation acre perches; and alfo all that coppice-wood or woodland called or known by the name of, containing by eftima roods and tion acres, -rood, perches; and also all that coppice-wood or wood land, called or known by the name of containing by eftimation acres, rood, and acres and perches; and alfo all that coppice-wood or woodland, called or known by the name of the containing by estimation perches, which faid laft mentioned meffuage, coppices and woodlands, are fituate, lying and being in the feveral parishes of > and in the county of aforefaid; and all other the meffuages, lands, tenements and hereditaments which in and by certain inden tures of leafe and releafe, bearing date refpectively the in the year of our Lord and days of -, purchased in fee by the faid H. R. W. of and from the moft noble . duke of ; ALL which faid manor and premiffes are fituate, lying and being in the feveral parishes of and and alfo all or fome or one of them in the faid county of → and every other the mefluages, farms, lands, tenements and hereditaiments whatsoever, whereof or wherein the faid H. IV. party hereto, or any other person or perfons, in truft for him, now hath any eftate or inheritance in poffeffion, reverfion, remainder or expectancy, fituate, lying or being within the faid feveral parishes of county of and -and- or any or either of them, in the faid ; and all and every the houses, mills, edifices, buildings, barns, ftables, dove-houses, warrens, courts, yards, gardens, orchards, lands, arable, meadow, pafture and wood-grounds, +Ffz feedings, feedings, commons, and common of pasture, mines, quarries, courtsleet and courts-baron, perquifites and profits of courts, goods and chattels of felons, and fugitives, waifs, eftrays, rents, reverfions, fervices, royalties, jurifdictions, immunities, profits, comoditions, advanrages, emoluments, hereditaments and appurtenances whatsoever, the faid manor or lordship, or reputed manor or lordship, meffuages, farms, lands, tenements, hereditaments and premiflès, every or any of them belonging or in any wife appertaining or with them, any either of them, letten, ufed, occupied or enjoyed, or accepted, reputed, had or taken as part, parcel or member thereof, or of any part thereof; AND the reverfion and reverfions, remainder and remainders, rents and fervices thereof, and all the estate, right, title, interest, ufe, truft, poffeffion, property, claim and demand whatfoever, of him the faid H. W. of, in and to the faid hereby releafed prémiffes, every or any part thereof, with their and every of their rights, members and appurtenance, To have and to hold the faid manor or Jordfhip, or reputed manor or lordship, and all and every the messuages, farms, lands, tenements, hereditaments and other the premisles herein before granted and releafed, or mentioned or intended for to be, with their and every of their appurtenances, unto the faid R. F. his heirs and affigns, to the only use and behoof of the said R. F. his heirs and affigns for ever, to the intent and purpose nevertheless, that by virtue of the faid indenture of bargain and fale, and of these prefents, he the faid R. F. may be, and become a good and perfect tenant of the immediate freehold and inheritance of the faid manor or lordship, or reputed manor or lord fhip, and all and fingular other the faid hereby releafed premities, with their rights, members and appurtenances, in order that a common recovery may thereof be had, executed and perfected, according to the ufual course of common recoveries for affurance of lands; for which purpose it is hereby covenanted, concluded and mutually agreed, by and between all and every the parties to thefe prefents, that on this fide and before the next enfuing the day of the date of these presents, at the proper cofts and charges of the faid H. W. (party hereto) one or more writ or writs of entry fur difféizin en le post, fhall or may be brought, commenced and profecuted, returnable before his Majesty's Juftices of the court of at, in the name of the faid R. C. as plaintiff or demandant, against the said R. F. whereby the faid R. C. fhall demand against the faid R. F. the faid manor or lordhip, or reputed maner or lordship, and all and every the meffuages, tarms, lands, tenements, hereditaments, and other the premifles herein before granted and released, or mentioned, or intended fo to be, with their and every of their rights, members and appurtenances, by the name or names of the manor of with the appurtenances, nd feyen melunges, three tofts, three corn-mills, fifteen gardens, eight hundred forty acres of land, one hundred and fifty acres of meadow, one hundred and forty acres of pafture, two hundred, and end of twenty twenty acres of wood, one hundred acres of furze and heath, fixty acres of marthland, arent of and common of pafture for all cattle with the appurtenances, in the parishes of in the county of -and-, or by fuck other apt and convenient name or names, quantities, qualities, defcriptions and particulars, as fhall effectually comprize the fame, or in that behalf be thought fit and requifite; to which writ or writs the faid R. F. fhall appear gratis, in his own proper perfon, or by his attorney or attornies in that behalf lawfully authorized, and fhall youch, or call to warrant the fame premiffes, the faid H. W. party hereto, who shall also appear gratis in his own proper perfon, or by his attorney or attornies in that behalf lawfully authorized, and fhall enter into the faid warranty, and vouch over or call to warrant the fame premiffes the common vouchee, who fhall thereupon appear and enter into the faid warranty, and after imparlance, make default, and fuch further or other proceedings fhall be had upon the faid writ or writs, and all the parties fhall fo demean themselves therein, that a good and perfect common recovery, with double voucher to be executed by writ of babere facias feizinam fhall or may be had, fuffered, executed and perfected, of, for and upon the faid manor or lordship, or reputed manor or lordship, and all and fingular other the faid: hereby releafed premiffes with the appurtenances, in all things according to the ufual courfe, order and form of common recoveries, with double voucher for affurance of land in fuch cases used. AND laftly, it is hereby covenanted, concluded, declared and fully agreed, by and between all and every the parties to these prefents, for them and their heirs, and it is their true intent and meaning, that the faid common recovery for as aforefaid, or at any other time, or in any other manner to be had, fuffed or executed of, for or upon the faid manor or lordship, or reputed manor or lordship, and all and every the faid hereby releafed premiffles, or any part thereof, and the full force, effect and execution thereof; and alfo all and every other coinmon recovery and recoveries, fine and fines, and other affurances had, made, levied, fuffered or executed, of, for or upon the fame premifles, or any part thereof, to which the faid parties to thefe prefents, any or either of them, have or hath been, is, are or fhall be party or parties, privy or privies, fhall be and enure, and shall be conftrued, deemed, expounded, adjudged and taken, to be and to enure, to and for the only use and behoof of the faid H. W. party hereto, his heirs and affigns for ever; and to or for no other ufe, intent or purpose whatfoever. IN WITNESS, &c. Sealed, &c. You are defired to peruse and settle the draught, leafe and release to lead the ufes of a recovery received herewith, and to advise whether the recovery intended to be paffed by virtue of the covenant therein, will fufficiently bar and dock the intail, fo as to veft the eftate thereby bargained and fold in the faid H. W. his heirs and affigns for ever. Opinion. Opinion. I have perufed and fettled thefe draughts, and am of opinion, that the fame (as they now stand) will effectually bar the intail, and fettle the eftates conveyed to the faid H. W. by the faid leafe and releafe, in him, his heirs and affigns for ever, provided the recovery intended to be paffed, is duly fuffered according to the modes and forms ufed and eftablished in law. May 24, 1756. W. Rivet. C A S E. April 2, 1724. B Y Indenture of this date, Mrs. T. in confideration of a marriage then intended to be had and folemnized between her nephew Mr. L. and Mifs D. affigned over to trustees the fum of 1000l. which was then due and owing to her from one R. R. Efq; on bond and judgment, together with the fecurities for the fame; In truft, for them to pay her the intereft thereof during her life, and after her decease, in truft, to pay the intereft thereof to Mr. L. her intended husband during his life, and after the decease of the survivor of them the faid Mifs D. and Mr. L. provided the faid marriage took effect, in trust to pay the faid principal fum of roccl. to and among all and every the child or children of the faid intended marriage in fuch fhares and proportions, as they the faid Mifs D. and Mr. L. (if the faid marriage took effect) or the furvivor of them fhould by deed or will direct or appoint, and in default of fuch direction or appointment, then the faid principal fum of 1000l. was to be equally divided to and among the iffue of the faid marriage, fhare and fhare alike, and in default of fuch iffue (but it was not mentioned in fuch fettlement, that in default of fuch iffue living at the death of the faid Mr. and Mrs. L.) the faid 1000l. principal money was to be paid to the executors, adminiftrators or affigns of the faid Mr. D. Note. Mifs S. has been long fince deceafed. The faid marriage took effect, and Mr. L. had iffue by the faid marriage only one daughter, who afterwards intermarried with one 7. H. Efq; and then died (in the life-time of the faid father Mr. L.) without iffue. The faid Mr. L. is fince dead, but previous to his death, which happened in the year 1734, (and fince the death of the faid Mrs. A. his daughter) fold the reverfion of the faid 1000l. principal money, to his faid wife Mrs. L. (they being at that time under articles of feparation) and her affigns, that fhe might have the power at her decease |