PRECEDENTS

OF

DEEDS OF COVENANT.

SEPARATION.

Deed of Covenant of Separation between a Man and bis Wife.

day of

THIS indenture made the Between T. R. of, &c. of the first part, S. R. his wife, late, &c. of the second part, and M. J. and F. T. of the third part. WHEREAS by indenture of fettlement, and articles made previous to and in contemplation and confideration of the then intended and foon afterwards folemnized marriage, between the faid T. R. and S. his wife, bearing date the in the year and made or mentioned to be made between, &c. All that the manor of, &c. of the yearly value of £upwards, (fubject as therein is mentioned) were granted, released, limited, and appointed to the ufe of the faid T. R. and S. R. heirs, until the faid then intended marriage between him and the faid S. R. fhould be had and folemnized, and

and

ment made in

from and after the folemnization thereof, then to SEPARATION the use of T. R. and his affigns, during his life, without impeachment of waffe, with remainder to trustees during his life, in truft, to preferve contingent remainders, with divers remainders over. AND whereas by one other indenture of fettlement Recital of fettlemade in pursuance and execution of the faid in purfuance of part recited indenture of fettlement and articles, fnch articles. and of the powers and authorities therein given or referved, bearing date, &c. and made, &c. It was witneffed, that for the confideration therein expreffed, the entirety of and in certain eftates therein mentioned, to have been purchased with certain truft monies, late of the faid fir F. J. bart. deceased, and commonly called or known and therein generally described as follows, (to wit) all, &c. And alfo of and in all other the freehold meffitages, farms, lands, tenements, late of the faid fir F. 7. deceased, fituate and being in the faid paand -- or elsewhere, in the

rishes of county of

and at

or elsewhere, in the faid county of, with the appurtenances, were granted and released unto the said G. and W. and their heirs, to the use of the faid T. R. his affigns, for and during the term of his natural life, without impeachment of the eftate, remainder to trustees during his life, in truft, to preferve the contingent remainders, with divers remainders.

over.

And it is by the faid now reciting indenture of release or settlement further witnessed, that for the confiderations therein mentioned, they the faid T. R. and S. his wife, and all others by a common recovery, according to the custom of the faid honour and manor, and such other furvivors, &c. furrender or affure to G. and W. all that one undivided moiety or one-half part, &c. [reciting alfo that it was agreed to bar and destroy the estate tail which would arife on the ftocks, &c. being laid out in lands.] AND it is further witneffed,

SEPARATION that G. and W. and their heirs, should stand feifed

of the manor of -, &c. And the covenants from T. R. to abfolve the covenants in the leafe of the manor of —, and pay the fines, &c. And reciting that if should be raised during the £ joint lives of husband and wife, according to the will of fir F. 7. the agreements in fettlement that Ș. fhould have a moiety of the interest thereof for her life, and until it fhould be raised, a moiety of the rents of certain eftates and funds, [with referRecital of agree. ence to the fettlement, &c.] AND WHEREAS the ment to feparate faid T. R. and S. his wife, have mutually agreed

&c.

to live separate and apart from each other, and the faid T. R. hath agreed to allow, and well and truly pay or caufe to be paid, and alfo fecure as hereinafter is mentioned, to be paid unto her the said S. R. or unto the faid fir M. J. and F. T. or the furvivor of them, his executors or administrators, In truft, for her the faid S. and for her maintenance and support, and for the maintenance and fupport of two of her infant children, by the faid T. R. viz. E. R. and F. R. in manner hereinafter mentioned, the yearly fum of, of good, &c. clear of all deductions, payable as hereinafter is mentioned, and the faid T. R. hath alfo agreed that he will not intermeddle with, nor take from the faid S. R. any of the jewels and pearls now in the use and wear by her, during the joint lives of them the faid T. R. and S. R. or any of her wearing apparel which she is now poffeffed of, nor any money, goods, chattels, and effects, which she fhall become poffeffed of and acquire during her separation from T. R. but that the fhall and may, without his controul, ufe the fame and difpofe thereof, (fave and except the faid jewels and pearls in fuch manner as is hereinafter mentioned). And the faid T. R. hath alfo agreed that he will completely furnish a house for the faid S. R. as foon as the fhall fix upon a refidence either in

town or country, and allow her the faid S. R. to SEPARATION have, hold, andenjoy the fame, together with all the linen, china, and plate, to be mentioned and comprised in an inventory or schedule to be hereunto annexed during the whole of her feparation from the faid T. R. and during her life. But neverthelefs it is hereby exprefsly agreed and understood by and between all the faid parties hereto, that she the faid S. R. fhall not fell or difpofe of any part thereof, fuch household goods, plate, linen, and china, fo to be scheduled as aforefaid, without the confent of the faid T. R. in writing, firft had and obtained for that purpose, but that the the faid S. R. her executors or adminiftrators, fhall and will deliver up the fame to the faid T. R. his executors or administrators, immediately after the death of her the faid S. R. whole and entire, (reasonable ufe and wearing in the mean time, and cafualties of fire, alfo excepted and foreprifed.) And alfo that when F. the youngest fon of the faid marriage, and now an infant under the care of the faid S. R. fhall be of a fit and proper age to be sent to school, that then he the faid T. R. fhall take the care and charge thereof entirely from the faid S. R. and without any abatement whatsoever, out of the aforefaid fum or yearly payment of £ aforefaid, in confideration whereof it is alfo hereby agreed that he the said T. R. fhall, fo long as he continues to pay the faid fum of per annum, as hereinafter is mentioned, have, receive, and take to his own ufe the faid rents, iffues, profits, and produce of the faid £, or of the meffuages, &c. to be purchased therewith, fo limited to the use of the faid S. R. for her own fole use in manner in and by the faid in part recited indenture of fettlement laft mentioned, to the end and intent that the allowance or payment of £, fhall be the whole of the allowance to be received by her the said S. T. pending

---

as

neeth, that

nants with truf

SEPARATION fuch feparation, and during the life of the said T. R. Now THIS INDENTURE WITNESSETH, that Indenture wit- the faid T. R. for himself, his heirs, executors, hufband cove and adminiftrators, doth hereby covenant, protees that his wife mife, and agree, to and with the faid fir M. J. fhall live unin- and F. T. and the furvivor of them, his executerruptedly. tors and adminiftrators, in manner following, (that is to fay,) that it fhall and may be lawful to and for the faid S. R. and that he the faid T.R. shall and will from henceforth permit and fuffer the faid S. R. from time to time, and at all times during her and his, (the faid T. R.'s) joint lives, to live feparate and apart from him the faid T. R. and to go, refide, and be at and in such place and places, and with fuch family and families, relations and friends, as fhe the faid S. R. fhall from time to time, notwithstanding her coverture, and as if fhe was a feme fole, think fit. And that he the faid T. R. fhall not, nor will at any time or times hereafter, fue, or moleft, or cause to be fued and molested, any person or perfons whomfoever, for receiving, harbouring, or entertaining the said S. R. nor fhall not, nor will 'at any time or times hereafter, during their feparation, and during their joint lives, claim or demand any of the jewels and pearls which the the said S. R. now hath in ufe and wear, and which fhe hath had in use and wear at any time during her coverture, but that fhe the faid S. R. fhall and may use the fame upon her own perfon, and for her own ufe, as fhe fhall think fit and proper, but not to difpofe of the fame, or any part thereof, it being intended by these presents that the fhall only have her lifeeftate in the ufe and ufuage thereof, the fame being in the power and difpofition of the faid T. R. (fubject as aforefaid only): And also that he the faid T. R. fhall not, nor will at any time or times hereafter, during the feparation of him the faid T. R. and the faid S. his wife, and during

3