Page images
PDF
EPUB

intitled to be in the actual poffeffion, or in the receipt of next in remain the rents and profits of the faid copyhold or customary der, (except the meffuages or tenements, mills, lands, and hereditaments youngest fon.) in C. aforefaid, or any part thereof, in virtue of the limitations or trufts thereof hereinbefore contained, Then, and in every fuch cafe, the ufe or truft, and eftate of and in the aforefaid copyhold or customary meffuages, farms, lands, tenements, and hereditaments in M. B. and G. hereinbefore limited to or intended for the benefit of fuch fon or fons, (fave and except the youngest fon,) or the heir or heirs of his or their body or bodies, who shall or may fo refpectively happen to become intitled to the faid copyhold or customary meffuages or tenements, mills, lands, and hereditaments in C. or any part thereof, shall from thenceforth ceafe, determine, and become void to all intents and purpofes, as if fuch fon or fons, or his or their iffue respectively becoming intitled as aforefaid, was or were respectively dead without iffue, and then and in fuch cafe, and fo often as the fame fhall happen, the said copyhold or customary meffuages, farms, lands, tenements, and hereditaments in M. B. and G. aforefaid, or so much thereof as fhall not be difpofed of under the trusts afore faid, fhall go over and remain unto and for the benefit of the perfon and perfons, who, by virtue of these presents, and according to the true intent and meaning thereof, would be next intitled to take and enjoy the said heredita ments laft mentioned, in cafe fuch fon or fons of the faid Hufband and Wife, or his or their refpective iffue fo as aforefaid, becoming entitled to the faid copy hold or cufto mary meffuages or tenements, mills, lands, and hereditaments in C. or any part or parts thereof, was or were dead without iffue. AND UPON THIS FURTHER TRUST, that they the faid Trustees, their heirs or affigns do and fhall, in the mean time, from and after the death of the furvivor of them the faid Husband and Wife, and until fuch furrender or fettlement fhall be made by them the faid Trustees, their heirs or affigns as laft aforefaid, permit and fuffer the furplus of the rents and profits of the faid copyhold or cuftomary meffuages, lands, tenements, after the death of and hereditaments fecondly hereinbefore covenanted to be furrendered which fhall from time to time remain after payment of what fhall become due for maintenance, under the trufts hereinbefore declared refpecting the fame copyhold premises, and for the intereft of any monies to be

raised

Further truft, permit the perfor next entitled to the poffeffion of eftate to receive the faid copyhold the furplus of the rents and

that the trusteet

profits thereof

the furvivor of husband andwife,

and until the fur

render is made.

Power for the trustees in the event of the huf

band dying during the joint lives of his wife

and his father, to

grant to the fa

ther a lease of

for 21 years in poffeffion, under the yearly rent of 2001.

raised by mortgage thereof as aforefaid, to be received and taken by fuch perfon or perfons as would be in or be entitled to the poffeffion of the fame copyhold or customary meffuages, lands, tenements, and hereditaments, or fome part or parts thereof, in cafe the fame were furrendered and affured by the faid Trustees, their heirs or affigns, in the manner herein before directed. PROVIDED ALWAYS NEVERTHELESS, and it is hereby declared and between all the faid parties hereto that if the faid Hufband fhall happen to die during the joint lives of the faid Wife and Father, then, and in fuch cases it fhall and may be lawful to and for the faid Trustees, or the furvivor of them or his heirs (if required thereto by the faid Father) to! make and execute unto him the faid Father, his executors, all the C. eftate adminiftrators, and affigns, a leafe or demife of all and fin- ¦ gular the aforefaid freehold and copyhold or customary meffuages, farms, mills, lands, tenements, and heredita ments in C. aforefaid, with their and every of their appurtenances, for the term of 21 years, to take effect in possesfion at and under the yearly rent of £.200, clear of all taxes and deductions whatsoever, and under and fubject to fuch covenants, conditions, and agreements, as are ufually inserted in leases of tenements, of the fame or the like nature, so as fuch leafe or demife be not made difpunishable for waste, and the said Father do seal and deliver a counterpart therof. (Add the ufual powers for leafing, felling, and exchanging Trustees, and covenants by the Father and the Hufband, that the estates conveyed shall remain to the ufes thereof declared, free of incumbrances, and for further affurAND THIS INDENTURE FURTHER ances.) WITNESSETH, that in confideration of the faid intended marriage, and in further pursuance of the faid recited agreement made upon the treaty for the fame marriage as aforefaid, the fame Father, for himself, his heirs, execu tors, and administrators, doth hereby covenant and agree with the faid Trustees and their heirs, that in cafe the faid intended marriage fhall take effect, he the faid Father, his heirs, executors, or adminiftrators, fhall and will, within the space of two years, after the folemnization thereof, pay off, and discharge the aforefaid two principal fums of £1300 and £.300 fo due and owing to the faid

Indenture further witneffeth, that the father covenants to pay off

the mortgages af. fecting the C. eftate.

and fecured to them by mortgages of the faid copyhold or cuftomary meffuage or tenement, mills, hereditaments, and premises, holden of the faid manor of C.

AND

LASTLY,

exe

Covenant by the lady's brother, in whofe hands

of fuch intereft

the interest of the

husband; and

all intereft for

LASTLY, the faid Brother, (at the request, and by the di rection of the faid Wife, teftified by her being made a party to, and fealing and delivering thefe prefents) doth herefhe has 2,oool. by for himself, his heirs, executors, and adminiftrators, coto pay invenant and agree with the faid Husband, his executors, ad- tereft for the ministrators, and affigns, that in case the said intended mar- fame, at 5 per riage fhall take effect, he the faid Brother, his heirs, cen cent. and difpofe cutors, or adminiftrators; fhall and will well and truly in the first place pay or caufe to be paid (in the manner hereinafter men- in keeping down tioned) intereft for the faid fum of £.2000 now remaining faid mortgages, in his hands, and to which the faid Wife is intitled as and to pay aforesaid, at and after the rate of 5 per cent. per annum, the refidue to commence and be computed from the folemnization of thereof to the the faid intended marriage, and fhall and will apply and when the difpofe of a fufficient part of fuch intereft in the first place, mortgages fhall in paying and keeping down the intereft which fhall after be paid off, and the faid marriage accrue and become due in respecto the the fame, to pay faid principal fums of £.1300 and £.300, fo due and ow- the principal to ing to the faid A. B. and C. D. refpectively as aforesaid, the husband. until the fame principal fums fhall be paid off and difcharged pursuant to the covenant of the faid Father for that purpose hereinbefore contained; and after payment and fatisfaction of the intereft of the faid fums of £.1300 and .300, in manner aforefaid, fhall and will pay the re fidue and overplus of the said intereft of the said fum of £2000, as, the fame fhall become due unto the faid Hus band, his executors, adminiftrators, and affigns; and from and after the faid fums of £.1300 and £.300, and all intereft in respect thereof fhall be fully paid off and difcharged by the ways and means aforefaid, then that he the faid Brother, his heirs, executors, or administrators, shall and will immediately thereupon pay or caufe to be paid the faid fum of £.2000, unto the faid Hufband, his executors, adminiftrators, or affigns, to and for his or their own use and benefit. IN WITNESS, &c.

[blocks in formation]

Settlement of Copyholds by Recovery, in trust for the Lady for life; Remainder to the Husband for life; Remainder to fuch uses as the Wife shall appoint; Remainder to a Relation of the Wife in fee.

[blocks in formation]

AT THIS COURT it is prefented by the homage,

that A. H., late of aforefaid, fpinfter, one of the customary tenants of the faid manor, who held of the lord of the faid manor, to her and her heirs, by copy of court roll, fealty, fuit of court, and yearly rent, ALL that meffuage or tenement, with the appurtenances, confifting of a stable and two gardens thereunto belonging, fituate, lying, and being in aforefaid, formerly in the occupation of, and to a moiety of which the the faid A. H. was admitted tenant at a special court baron, held for this manor on the day of

[ocr errors]

as Devifee of her late brother T. H. deceased, and to the other moiety whereof the the faid A. H. was admitted tenant at a fpecial court baron held for the faid manor, on the

day of on the furrender of J. G. and H. G. then his wife, late H. H., fpinfter, as by the rolls of the faid respective courts may appear. AND WHEREAS the faid A. H. did immediately after fuch her admiffions at the faid courts, held the faid day of

and- day of -, furrender by the rod into the hands of the lord

of

of the faid manor, by the hands and acceptance of the then fteward, according to the custom of the fame manor, the feveral moieties of the faid premifes to which at the faid courts fhe was admitted as aforefaid, to fuch uses, intents, and purposes as were or should be limited, directed, declared, or appointed thereof, in and by her last will and teftament. NOW AT THIS COURT it is prefented by the homage, that the faid A. H. duly made and publifhed her laft will and teftament in writing, bearing date the

day, and thereby devised the premises aforefaid, in the words, or to the effect following (that is to fay), I give and bequeath unto my dear fifter H. G., wi dow, ALL THAT my copyhold meffuage or tenement, garden, out-houses, buildings, and premifes fituate, ftanding, and being in ftreet in, in which I now refide, being part of the manor of A., and furrendered to the ufe of my will, with their and every of their appurtenances, to hold unto the faid H. G. and her affigns, for and during the term of her natural life; and from and immediately after her decease, I give, devife, and bequeath the faid copyhold premifes unto the iffue of her body lawfully to be begotten; with divers remainders over, AS by the probate of the faid will, under the feal of the prerogative court of the archbishop of Canterbury, bearing date the day of, produced and fhewn to the homage of this court, more fully doth appear. WHEREUPON at this court comes the faid H. G., in her own proper person, and humbly defires of the lord to be ad mitted tenant to ALL AND SINGULAR the faid mef fuage or tenement, garden ground, and hereditaments, fo devised to her as aforefaid, to whom the lord, by his de puty fteward aforefaid, grants thereof feifin by the rod,

HAVE AND TO HOLD the fame, unto her the faid H. G., according to the tenor and effect of the faid will, and for fuch eftate as is thereby devised to her of the lord, by the rod, at the will of the lord, according to the cuftom of the manor aforesaid, by fealty, fuit of court, the yearly rent and other fervices, formerly due, and of right accuftomed, and fo, always faving the right of the lord, the the faid H. G. is admitted tenant thereof, and fhe gives to the lord for a fine for fuch her eftate in the premises as ap pears in the margin, and her fealty is refpited. AND AFTERWARDS at this court comes H. G. of-in the county of B., widow, one of the copyhold tenants R 2

of

« PreviousContinue »