That money vested in trusparate use of a tees for the se married woman was lent on her direction. XXXVIII. And it is hereby declared and agreed by and between the said parties to these presents, and the said A. B. doth hereby acknowledge and expressly declare, that the said sum of £- was advanced on the security of the said recited mortgage, and of a bond bearing even date with the mortgage by said indenture of release, and recited in that indenture, at her request, and by her direction and appointment; and she the said A. B. doth by these presents, by virtue of every power enabling her in this behalf, appoint that the said sum of £, so secured as aforesaid, shall be and be considered an indemnity to the said C. D. and E. F., their heirs, executors, and administrators, for having advanced and lent the said sum of £ on the security of the said mortgage and bond; And it is hereby declared and agreed by and between Vide Tit. VII. all the said parties to these presents, that the said sum of art. ii. £, and the interest to become due and payable in respect thereof, and also the recited mortgage, and the said bond, bearing even date with the said indenture of release, shall be held upon the trusts declared by the said in part recited bond, bearing date on or about the &c., of and concerning the said sum of £-- therein mentioned, and the interest to become due and payable in respect of that sum. the other. XXXIX. And lastly, it is hereby declared and agreed by That neither of and between the said A. B. and C. D., and it is the true two mortgagees shall have intent and meaning of them and of these presents, that the priority over said several sums of £- and £ advanced by the said A. B. and C. D. respectively, and the interest of the same sums respectively, shall be payable and paid to them respectively, or to their respective executors, administrators, or assigns, without any priority or preference of either of them, his executors, administrators, or assigns, to the other of them, his executors, administrators, or assigns. XL. And the said A. B. and C. D. hereby declare, that as between their heirs and devisees, and their executors and administrators, the said sum of £ shall be considered as the personal debt of the said A. B. and C. D., and that their personal estate shall be the primary fund for the payment of that sum and the interest thereof, in exoneration of the said visees. and heirs or de- mortgaged premises, and also of their heirs and devisees, without any contribution by or on the part of their heirs or devisees in respect of such part of the said mortgaged premises as are, or are of the nature of freehold estates, or of estates of freehold and inheritance, any law or usage to the contrary notwithstanding. Another form. That lands shall be the primary fund for payment of mortgage debts. That lands shall fund for pay. ment of mortgage debt. XLI. And the said A. B. doth hereby declare and direct, that as between his heirs or devisees on the one part, and his executors or administrators on the other part, the said sum of £ remaining due to the said C. D. as aforesaid, and hereby secured to him, or intended so to be, shall be and be considered as the personal debt of him the said A. B.; so that the heirs or devisees of the said C. D. may, as against his executors or administrators, be entitled to have the said principal sum of £, and the interest thereof, paid and discharged by and out of the personal estate of him the said A. B., any law or usage to the contrary notwithstanding. XLII. And lastly, it is hereby declared and agreed by and between the said A. B. and C. his wife, and they do hereby severally direct and appoint, that as between themselves and all persons claiming under them the said messuage &c. hereby granted and released or otherwise assured or intended so to be, shall in equity be deemed the fund primarily charged with, and liable to the payment of the said sum of £- — now advanced by the said E. F. as well as the said several sums of £ and £ due to the said G. H. as the personal representative of the said I. K. as aforesaid; and that the covenant of the said A. B. hereinbefore contained for the payment of the said sum of £—— shall in equity be deemed only as an additional and collateral security for the payment of the same sum. XLIII. Provided always, and it is hereby declared and be the primary agreed by and between the parties to these presents, that as to and between and against the said A. B. [tenant for life], his heirs, executors, and administrators, of the one part, and the person or persons who for the time being shall be gage made un beneficially entitled to the said messuages, &c. hereby as N. B. This form is appli cable to a mort part, the the tenant for life to charge, and to limit a term for raising the money. signed or otherwise assured, or intended so to be, subject to der a power to the said term of five hundred years, of the other said sum of £ and the interest thereof shall not be considered as the personal debt of him the said A. B.; and that on the contrary thereof, the said messuages &c. hereby assigned or otherwise assured, or intended so to be, shall be and be considered as the fund primarily liable to the payment and discharge of the said sum of £- and the interest thereof, subject and without prejudice to the right of the said C. D. [mortgagee], his executors, administrators, and assigns, of availing himself and themselves of the covenant of the said A. B., as a collateral and concurrent security for enabling him the said A. B., his executors, administrators, and assigns, to enforce the payment of the said sum of £ and the interest thereof. XLIV. And it is my will and I do hereby direct, that as between my real and personal estates, my said real estates shall be the primary fund for the payment of all mortgage debts and the interest thereof which shall be charged thereon at the time of my decease, and so as to impose upon the said A. B. [tenant for life], the obligation of keeping down the interest of the same mortgage debts (if any) during her life, without any right to have the said real estates exonerated from such mortgage debts or the interest thereof, by and out of my said personal estate. XLV. And further, that the said messuage &c. shall be and be considered as the primary fund for the payment and discharge of the said annuity or yearly rent of £, any law or usage to the contrary notwithstanding. XLVI. And it is my will, and I do hereby declare it so to be, that the legacy which is hereinbefore by me given to the said A. B. shall not be paid or be payable out of my personal estate, but out of my real estate only; which I do hereby charge with the payment of the same. XLVII. Provided always, and it is hereby expressly de- For reduction clared and agreed by and between the several parties to of annuity when there these presents, as far as they are respectively interested, and it is the true intent and meaning of them and of these presents, that during such time, and when and as often as there shall be peace between England and all the other powers in Europe, the said A. B. shall from and after the expiration of six calendar months from every such peace, and during the continuance of the same, accept and take one annual sum or yearly rent-charge of £ of such lawful money aforesaid, in lieu and full satisfaction of the said annual sum or yearly rent-charge of £ hereby provided for her, and that each quarterly payment shall be reduced accordingly, when and as often as such peace shall be subsisting on any quarterly day of payment of the said rent-charge. Provided also, and it is hereby further declared and agreed, that when and as soon as all the lives upon which the said leasehold messuages, lands, hereditaments, and premises described in the fourth schedule to these presents shall have dropped, then and from thenceforth one-tenth part shall be deducted and taken from and out of the said annual sum or yearly rent-charge of £ or £, as the case may require; and thenceforth the said A. B. shall accept and take the said annual sum or yearly rent-charge so reduced, in lieu and full satisfaction of the said annual sum or yearly rentcharge of £, hereby charged for or made payable to her as aforesaid. XLVIII. Provided also, and it is hereby further declared and agreed by and between the parties to these presents, and the said A. B. doth hereby declare and consent that, inasmuch as the rent of £ is to be paid in respect and on account of the stone vats or cisterns lately erected and set up in, &c. the said sum of £ shall be payable and paid only so long as the same vats or cisterns shall continue serviceable; and that in case one of them only shall remain serviceable, then £ a year, part of the said yearly rent of £, shall thenceforth cease to be payable or paid, and the said yearly rent of £- shall thenceforth be reduced to £ a year; and that if both or either of the said vats or cisterns shall prove serviceable only in part, then the said rent of £ shall be apportioned at such sum as , of shall be agreed on by the said A. B., his executors, adminis- XLIX. Provided always, and it is hereby declared and agreed by and between the said parties hereto, that in case the said messuage or tenement and premises hereby demised, or any part thereof, shall, at any time or times during the said term hereby granted, happen to be consumed, destroyed, or damaged by fire, storm, or tempest, so as to render the same uninhabitable or untenantable, then and in such case the rent hereinbefore reserved for the same (or a just and proportionable part thereof, according to the nature and extent of the injury which the said premises may have sustained), shall be suspended or abated, and all remedies for recovering the same, until the same premises shall have been rebuilt or repaired by the said A. B., his heirs or assigns, and be in a fit state and condition for habitation; and in case of any dispute or difference of opinion between the said parties, with respect to the duration of such suspension, or the amount of such abatement respectively, or of both, the same shall from time to time be referred to the arbitrament and determination of three indifferent persons, to be named and For abatement of rent in case of fire. collection of |