such uses, upon such trusts, and for such ends, intents, and purposes as the said A. B. and C. his wife, or the survivor of them, shall by any deed or deeds, instrument or instruments in writing, duly sealed and delivered by him, her, or them, in the presence of and attested by two or more credible witnesses, direct or appoint, free from all incumbrances to be in the meantime made, done, or committed by the said E. F. and G. H., or either of them, their or either of their executors, administrators, or assigns; but nothing hereinbefore contained shall extend or be construed to impose on the said A. B. and C. his wife, or either of them, the obligation of making such repurchase, or of being deemed a debtor or debtors for, or liable to repay all or any part of the said sum of £, or to convert these presents, or the conveyance hereby made, into a security for money, or to give these presents any other construction than a sale with a right or option of repurchasing upon the terms and within the time hereinbefore expressed in that behalf.

XVIII. Provided always, and it is hereby declared and agreed by and between the said A. B. and C. D., and it is the true intent and meaning of them and of these presents, and the said A. B. doth hereby consent and agree that, subject to the proviso and restrictions hereinafter contained, the said C. D. at any time during his life, or his heirs within years from his death, and on giving three calendar months' notice for that purpose to the said A. B., his heirs or assigns, or leaving the same at his or their usual or last place of residence in England, shall have the option and be at liberty to repurchase the said messuage &c. so purchased by the said A. B. as aforesaid, and by these presents limited to the use of the said A. B., his heirs and assigns, subject to the said term of ninety-nine years and twelve days, on payment or tender to the said A. B., his heirs or assigns, or at his or their usual or last place of residence in England, of the sum of £——, at the end of such three calendar months, as and for the price of such repurchase; And for that purpose it is hereby further declared and agreed by and between the said A. B. and C. D., and at the instance and request, nd by the direction and appointment of the said A. B. and

For repurchase, if any issue of a

marriage prior

to a given pe

riod, at a given

a mortgage
debt, and its
interest, shall be

money.

heirs, executors, administrators, and assigns, that it shall be optional in the said C. D. and his heirs to repurchase the said hereditaments and premises so limited to the use of the said A. B., his heirs and assigns as aforesaid; and that the same hereditaments, or any of them, shall not be liable to be repurchased by the said C. D. or his heirs, at any time, or in any event, or upon any terms, except as hereinbefore is mentioned. And it is hereby further declared and agreed by and between the said A. B. and C. D., that the said sum of £- to be paid by the said C. D. or his heirs for such repurchase, if the same shall be made, shall not be or be considered as any debt or duty by, from, or on the part of the said C. D. or his heirs, unless or until he or they shall make such repurchase as aforesaid.

XIX. Provided always, and it is hereby declared and agreed by and between the parties to these presents, that in case there shall at any time prior to the

day of

and then 18-, be any issue of the marriage of the said A. B. and C. his wife, then and in that case, and at any time before the day of, 18, and while such issue shall be living, taken in part of the said A. B., his heirs, executors, administrators, or asthe purchasesigns, on three calendar months' notice in writing for that purpose, shall or will repurchase the said messuage, lands, and other hereditaments hereby released, or otherwise assured or intended so to be, with the appurtenances, of and from the said E. F., his heirs, appointees, and assigns, if he or they shall think fit, and require the same, for all the estate or estates hereby conveyed to the said E. F. therein, at the price or sum of £- ; and then and in that case the said sum of £, and the interest thereof, or so much and such part of the same as shall remain unpaid, shall bẹ and be accepted as and for part of the said purchase money, any thing hereinbefore contained to the contrary notwithstanding.

That tenants in common shall

have the option of purchasing those shares, which shall be

XX. Provided always, and notwithstanding any of the provisions or trusts hereinbefore declared or contained, It is hereby directed, declared, and agreed, by and between the parties to these presents, that in case any or either of

ca

case the said C. D. or his heirs shall not within lendar months after such notice shall be given or delivered to him or them, or left at his or their usual or last place of residence in England, pay or tender, or cause to be paid or tendered, the said sum of £ to the said A. B., or his last place of residence in

heirs, or at his or their usual or England, then from and after the expiration of calendar months from the time of delivering or serving the same notice, the said messuage &c. so limited to the use of the said A. B., his heirs and assigns as aforesaid, shall be exonerated and discharged of and from the right or option hereby given to the said C. D. and his heirs, of repurchasing the same; and in that case also the use hereby limited to or directed to arise in favour of the said C. D., his heirs and assigns, shall cease, determine, and be void, to all intents and purposes whatsoever, and the same messuage &c. shall remain, continue, and be to the use of the said A. B., his heirs and assigns, exonerated and discharged of and from all right or option of repurchase, and of and from the use hereby declared in favour of the said C. D., his heirs and assigns, subject nevertheless and without prejudice to the said term of ninety-nine years and twelve days, and the rent reserved. on that term. And the said C. D. doth hereby for himself, his heirs, executors, administrators, and assigns, covenant, declare, and agree to and with the said A. B., his heirs and assigns, that in case default shall be made in payment, and also in the tender of the said sum of £, so as to forfeit the said right or option of repurchase, then and in that case he the said C. D., and his heirs, on the request and at the costs and charges of the said A. B., his heirs or assigns, shall or will make, do, and execute all such acts, deeds, and assurances as the said A. B., his heirs or assigns, shall require, for evidencing the forfeiture of the right or option of repurchasing, and releasing or confirming the said messuage &c., to the use of the said A. B., his heirs and assigns, for ever, discharged of the same option, subject nevertheless and without prejudice to the said term of ninety-nine years and twelve days, and the rent reserved thereupon. And it is hereby declared and agreed by and between the said A. B. and C. D., for themselves respectively, and their respective

heirs, executors, administrators, and assigns, that it shall be optional in the said C. D. and his heirs to repurchase the said hereditaments and premises so limited to the use of the said A. B., his heirs and assigns as aforesaid; and that the same hereditaments, or any of them, shall not be liable to be repurchased by the said C. D. or his heirs, at any time, or in any event, or upon any terms, except as hereinbefore is mentioned. And it is hereby further declared and agreed by and between the said A. B. and C. D., that the said sum of £——, to be paid by the said C. D. or his heirs for such repurchase, if the same shall be made, shall not be or be considered as any debt or duty by, from, or on the part of the said C. D. or his heirs, unless or until he or they shall make such repurchase as aforesaid.

XIX. Provided always, and it is hereby declared and agreed by and between the parties to these presents, that in case there shall at any time prior to the

day of 18-, be any issue of the marriage of the said A. B. and C. his wife, then and in that case, and at any time before the day of ——, 18—, and while such issue shall be living, the said A. B., his heirs, executors, administrators, or assigns, on three calendar months' notice in writing for that purpose, shall or will repurchase the said messuage, lands, and other hereditaments hereby released, or otherwise assured or intended so to be, with the appurtenances, of and from the said E. F., his heirs, appointees, and assigns, if he or they shall think fit, and require the same, for all the estate or estates hereby conveyed to the said E. F. therein, at the price or sum of £; and then and in that case the said sum of £, and the interest thereof, or so much and such part of the same as shall remain unpaid, shall be and be accepted as and for part of the said purchase money, any thing hereinbefore contained to the contrary notwithstanding.

XX. Provided always, and notwithstanding any of the provisions or trusts hereinbefore declared or contained, It is hereby directed, declared, and agreed, by and between the parties to these presents, that in case any or either of

the said children, born or to be born of the said A. B. and sold by any of C. D., or his, her, or their heirs, shall at any time during the them. lives of both or either of them the said A. B. and C. D., or of any one of the said children now born, or twenty-one years from the death of the survivor of them, the said A. B. and C. D., and of their children now born, be desirous and determine to sell his, her, or their part or share, parts or shares of and in the said manor and other hereditaments, then subject nevertheless and without prejudice to the right of each of the same children respectively, his or her heirs, in the meantime to improve his or her share by letting the same at rack-rent or on a building lease or leases, or making any disposition thereof by will, the other or others of the said children, or his, her, or their heirs (being at that time the owner or owners of any other part of the said manor and other hereditaments), shall have the option and be entitled to a preference of purchasing the same share or shares, upon the terms of agreeing and actually offering to pay for the same, within three calendar months, such sum or sums of money as shall be the then value of the share or shares, as such value shall be ascertained by two persons, one to be named by the person or persons intending to sell, and the other or others by the person or persons desirous of purchasing, with a power to such two referees to name an umpire; and further, that in case two or more persons shall have a right to the benefit of the said option, and one or more of them shall decline or refuse to avail himself, herself, or themselves of the same, then the other or others of the same persons shall be solely and exclusively entitled to the benefit of the same option upon the terms hereinbefore expressed, and that till the benefit of the said option shall be waived, or the time for making the same shall be elapsed, the said manor and other hereditaments, and the respective shares thereof, shall remain vested in the person or persons who for the time being shall be the trustee or trustees under and by virtue of these presents, and that the part or parts of the said manor and other hereditaments which shall be purchased from time to time by virtue of the option hereby given, shall be subject to the same or the like option as the original part or share or parts or shares thereof, so long as