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By several separately, and

one for his wife, as to amount of respective share

of purchase

money, and for

the acts and

title of testator

rateably, according to his or her proportion.

By each of se

interests of

wives in the real and personal assets of testator.

deeds, and defaults relating thereto; and the said L. M. doth hereby for himself, his heirs, executors, and administrators, as to and concerning the part or share of himself and the said A. his wife of and in all the same hereditaments and premises, and the acts, deeds, and defaults relating thereto, and to the said covenantors or any of them, no further or otherwise.

XX. And each and every of them the said A. B., C. D., and E. F. severally, separate and apart from the others of them, doth hereby for himself and herself respectively, and his and her respective heirs, executors, and administrators, and as to and concerning only the acts, deeds, and defaults of himself and herself respectively, and his said wife, and his and her heirs, executors, administrators, and trustees, and so only as to be answerable for and to the amount of his or her share or proportion of the said purchase money, according to his or her interest, right, or title therein or thereto, under or by virtue of the said will, and so only as to be answerable for the acts, deeds, and title of the said I. K., [the testator], rateably, according to his or her proportion or share of the same purchase money.

XXI. And each and every of them the said A. B., C. D., veral as to the and E. F., severally, separate and apart from the others of them, doth hereby for himself and herself respectively, and his and her respective heirs, executors, and administrators, and so only as to be answerable as far as and to the extent that he or she respectively, in his or her own right or in right of his said wife, is interested in the real or personal assets of the said G. H. and I. K. deceased, and each or either of them, and so that neither of them the said A. B., C. D., and E. F., his or her heirs, executors, or administrators, may be answerable or accountable for the acts, deeds, or defaults of the other of them, his or her heirs, executors, or administrators; and so that neither of them the said A. B. and C. D., his heirs, executors, or administrators, may be answerable as to the acts, deeds, or defaults of their respective wives, their heirs, executors, and administrators, otherwise than for and as to the acts, deeds, and defaults of

his own respective wife, her executors, administrators, or assigns.

sons entitled to

XXII. And each and every of them the said A. B., By several perC. D., and E. F., so far as he respectively is interested in the purchase the said messuages and other hereditaments, or the consider- money. ation money for the same, doth for himself, his heirs, executors, and administrators; and the said C. D., so far as he and the said G. his wife are, or either of them is, interested in the said messuage and other hereditaments, or the consideration money for the same, doth for himself, his heirs, executors, and administrators.

XXIII. And the said A. B. doth, for himself, his heirs, executors, and administrators, so as to be answerable and accountable only to the extent of one-sixth of the damages which can be recovered under or virtue of the covenant hereinafter contained, (being in proportion to the share and interest of himself or his said wife in the purchase money arising from the sales to be made under the trusts reposed in the said C. D. as aforesaid).

XXIV. And each and every of them the said A. B., C. D., and E. F., so far as he is interested in the premises or the consideration monies for the same, doth for himself, his heirs, executors, and administrators.

By one to be

answerable only in proportion to one-sixth part, being the share of himself or wife in the purchase money.

Where vendors in estate, and some in money

are interested

charged upon it, or their estates are various.

their separate

third parts.

XXV. And the said A. B. doth hereby for himself, his By two as to heirs, executors, and administrators, and as to and concerning only the third part or share and title of him the said A. B., and the acts, deeds, and defaults of himself, his heirs, executors, and administrators, and all persons claiming or to claim by, from, under, or in trust for him or them as far as concerns the same share and title; and the said C. D. doth hereby for himself, his heirs, executors, and administrators, and as to and concerning only the third part or share and title of him the said C. D., and the acts, deeds, and defaults of himself, his heirs, executors, and administrators, and all persons claiming or to claim by, from, under, or in trust for him or them, as far as concerns the same share and title.

By two seve

rally as to re

parts, and by

another as to a moiety.

XXVI. And each of them the said A. B. and C. D., spective fourth severally, separate and apart from the other of them, doth hereby for herself respectively, and her respective heirs, executors, and administrators, and as to and concerning only and as far only as relates to her fourth part or share of and in the said messuages &c. hereby granted and released, or intended so to be, and the acts, deeds, and defaults of herself, her heirs, executors, administrators, and trustees, and of the said E. F. and G. H. respectively, concerning the same fourth part or share, and so only as to be answerable for the value of the same part or share; and the said I. K. doth hereby for himself, his heirs, executors, and administrators, and as to and concerning only and as far only as relates to his undivided moiety or full half part of and in the same messuages &c., and the acts, deeds, and defaults of himself, his heirs, executors, administrators, and trustees, and of the said E. F. and G. H. respectively, concerning the same undivided moiety or half part or share, and so only as to be answerable for the value of the same moiety, half part, or share.

By three seve

rally: one as to

estate for life,

and annuity of

his wife, and his and her acts,

&c.; the second

as to share late

of his wife, and

his and her

acts &c.; and

manner as the

second.

XXVII. And each and every of them the said A. B., C. D., and E. F., severally, separate and apart from the others of them, doth hereby for himself respectively, and his respective heirs, executors, and administrators, and so and in such manner only that the said A. B., his executors or administrators, may be answerable for and to the value of the estate for life and annuity or rent-charge of the said E. the third in like his wife, and the acts, deeds, and defaults of himself and his said wife, as far as relates to the same estate for life and annuity or rent-charge; and that the said C. D., his heirs, executors, and administrators, may be answerable only for and to the value of the part or share late of the said F. his wife, and the acts, deeds, and defaults of himself and his said. wife, and his and her heirs and issue, and her ancestors or testators, as far as relates to the same part or share; and that the said E. F., his heirs, executors, and administrators, may be answerable only for and to the value of the part or share of the said G. his wife, and the acts, deeds, and de-. faults of himself and his said wife, and her heirs and issue,

and her ancestors or testators, as far as relates to the same part or share.

XXVIII. And each and every of them the said A.B., C.D., and E. F., severally, separate and apart from the others of them, doth hereby for himself respectively, and his respective heirs, executors, and administrators, and as and to and concerning only the parts or shares now or late of themselves respectively, and of their said wives, in right of their said wives, of and in the said messuages &c. hereby released or otherwise assured, considered as divided into ten parts in fee by the will of the said G. H., and devised under the same will, and the powers which authorized an appointment by will, and the acts, deeds, and defaults, and title relating to or concerning the same parts or shares of themselves, or of themselves and their several wives, in right of their said wives.

XXIX. And each and every of them the said A. B., C. D., and E. F. severally, separate and apart from the others of them, doth by these presents for himself and herself respectively, and his and her respective heirs, executors, and administrators, and as to, for, and concerning, and only as to, for, and concerning the acts and deeds of himself and herself respectively, and his and her respective heirs, executors, administrators, and of all persons claiming or to claim by, from, under, or in trust for him, her, or them respectively; and so that each and every of them the said A. B., C. D., and E. F. respectively, and his and her respective heirs, executors, and administrators, may be answerable only for his or her respective share, right, title, and interest of and in three undivided fourth parts of and in the messuages &c. hereby released or otherwise assured, or intended so to be, and the value of the same three undivided fourth parts.

XXX. And each of them the said A. B., C. D., and E. F., severally, separate and apart from the others of them, doth hereby for himself and herself respectively, and his and her respective heirs, executors, and administrators, and as to and concerning only the acts, deeds, and defaults of

[blocks in formation]

self and wife, and his or her proportion.

to acts of him- himself or herself respectively, and his or her heirs, executors, and administrators, and so far only as concerns his, her, or their proportion, part, or share of and in the said messuages, &c.; And the said G. H. and I. K. do by these presents jointly, for themselves, their heirs, executors, and administrators, and each of them severally, separate and apart from the other of them, doth hereby for himself, his heirs, executors, and administrators, and as to, for, and concerning, and only as to, for, and concerning the acts, deeds, and defaults of them the said G. H. and I. K., and their respective heirs, executors, and administrators, and their proportions, parts, and shares of the said messuages &c.; And the said L. M. doth hereby for himself, his heirs, executors, and administrators, and as to, for, and concerning the acts, deeds, and defaults of himself and the said N. his wife, his and her heirs, executors, and administrators, and as far only as concerns his or her said portion, part, or share of the said messuages &c.

By each of four with the remaining three, jointly and severally.

By each of two with the other, and also sepa

XXXI. And each of them the said A. B., C. D., E. F., and G. H., severally, separate and apart from the others of them, doth hereby for himself, his heirs, executors, and administrators, and as to, for, and concerning only the acts, deeds, and defaults of himself, his heirs, executors, administrators, and assigns, covenant and declare to and with the others of them jointly, their executors, and administrators, and assigns, and to and with each of the others of them severally, his heirs, executors, administrators, and assigns; so and in such manner that any one, two, or three of the others of them the said A. B., C. D., E. F., and G. H., or the executors or administrators of each of them respectively, or the executors or administrators of the survivors or survivor of any two or three of them, may be entitled to maintain an action upon the covenant of each of them the said A. B., C. D., E. F., and G. H., when and if the same covenant shall be broken.

XXXII. And each of them the said A. B. and C. D. doth by these presents, for himself, his heirs, executors, and rately from such administrators, covenant with the other of them, his execuother, with two tors and administrators, and also separately from such other,

others (copart

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