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enforcing the payment thereof as aforesaid, as by the said C.D., or his assigns, or his or their counsel in the law, shall be reasonably advised or devised or required.
CXXI. Covenant, promise, and agree with and to the By father and said A. B. and C. D., their executors, administrators, and son to pay an.. assigns, by these presents, that in case the said E. F. the death of the son shall depart this life during the joint lives of the said joint lives of
son) during the G. H. and I. K., then and in such case he the said E. F. the certain persons.
(in setilefather, his heirs, executors, or administrators, or the heirs, ments). executors, or administrators of the said E. F. the son, shall and will yearly and every year during the joint lives of the said G. H. and I. K. well and truly pay or cause to be paid to the said L. M., or her assigns, one annuity or clear yearly sum of £— of lawful money of Great Britain, free and clear of and from all deductions or abatements whatsoever, by four even and equal quarterly payments, on the 25th day of March, the 24th day of June, the 29th day of September, and the 25th day of December in every year, the first quarterly payment of the said annuity to be made on such of the said days of payment as shall first and next happen after the decease of the said E. F. the son, if the said G. H. and I. K. shall be then living.
CXXII. Covenant and agree with the said A. B. and By intended C. D. (trustees], their executors, administrators, and assigns, husband, that that he the said E. F. shall not nor will, at any time or times lives of intended during the joint lives of the said G. F. and I. K., make, do, mother, he will or execute, or cause or procure to be made, done, or exe- not reduce cuted, any act, deed, assignment, matter, or thing whatsoever, property into whereby, or by reason or means whereof, all or any of the possession. monies, property, and effects to which the said I. K. is entitled under the will of the said G. H., (expectant as aforesaid), and which are not included in the settlement hereby made, may be or be deemed or taken to be reduced into the actual possession of the said E. F., either at law or in equity.
CXXIII. And the said C. B. doth hereby for himself, Por payment of his heirs, executors, and administrators, covenant and agree covenant to be with the said E. F. and G. H., their executors and adminis. an auxiliary
trators, that the heirs, executors, administrators, or assigns of him the said C. B. shall or will from time to time, from and after the death of the said C. B., and thenceforth during the natural life of the said A. B., well and truly answer and pay, or cause to be answered and paid to the said A. B., or her assigns, the said annuity or yearly rent-charge of £-, or, as the event shall happen, £— a year respectively, reducible as aforesaid, on the days or at the times hereinbefore appointed for payment thereof respectively; But this covenant is to be and to be deemed only an auxiliary and not a primary security for the payment of the said annuity or yearly rent-charge of £4, or, as the event shall happen, £— respectively, reducible as aforesaid. (Vide Tit. IX. art. cxvii.)
That grantor CXXIV. Covenant and agree with the said E. F. and shall have the option of repur- G. H., their heirs and assigns, that they the said E. F. and chasing rent
G. H., their heirs and assigns, shall be at liberty and have charge, either in one sum or the option of repurchasing the said rent of £—, either in in several; and
in that, on such
one entire sum, or in several sums, not less than £repurchase, the, any one purchase, at any time before the said
day of whole or part of the land shall -; and when and as soon as any such purchase shall be be discharged
made, to have any part, not exceeding a just proportion, actherefrom: if part only pur- cording to the then value of the said messuages or dwellingchased, then to
houses, plot of land, and hereditaments, or any messuages or have the option of exonerating dwelling-houses to be erected thereon, exonerated of and lands released from a just pro
from the same rent-charge; and that when and as soon as the portion of the
full amount of the said yearly rent-charge of £— shall be residue of rent.
repurchased, the said rent-charge shall cease and be void to all intents and purposes whatsoever; And further, that from time to time, when and as often as any part or parts of the said rent-charge shall be repurchased, such part or parts as the said E. F. and G. H., their heirs or assigns, shall think fit of the said messuages &c. hereby released or otherwise assured, or intended so to be, not exceeding a just proportion thereof as aforesaid, shall be exonerated and discharged of and from the residue of the said rent-charge; and so much of the same rent-charge as from time to time shall be existing shall be charged and chargeable only on the residue of the said messuages &c.; and that on the request, and at the costs and charges of the said E. F. and G. H., their heirs or assigns, they the said A. B. and C. D., their heirs or assigns, shall or will release and discharge of and from the said rentcharge of £—, or so much thereof as shall be then subsisting, such part or parts of the said messuages &c., as, by virtue of and pursuant to the agreement hereinbefore contained, are to be exonerated of and from the same rentcharge, or the residue thereof, which shall be subsisting from time to time; and that the residue of the same rent-charge shall, notwithstanding such release, continue as an existing charge on the residue of the said messuages, &c. hereby charged with the same rent-charge.
CXXV. And the said A. B., by way of agreement and That residue of not of release, doth hereby grant and agree to and with the hereditaments said C. D., his heirs and assigns; and the said E. F. and shall be charge
with rent in G. H. do hereby severally consent, direct, and appoint exoneration of that the said rent of £- a year shall henceforth be an
land conveyed. swered and paid out of the residue of the hereditaments charged with the same exclusively, and by way of exoneration of the close of land, tithes, and hereditaments hereby released or otherwise assured, or intended so to be.
CXXVI. And the said A. B. (jointress), at the request By jointress not and by the direction of the said C. D. [vendor), testified by
to distrain on
certain part his being a party to and executing these presents, doth for of the estate
charged with herself, her heirs, executors, administrators, and assigns, co
jointure, sold venant and agree with the said E. F. [purchaser], his heirs free from inand assigns, that she the said A. B. shall not, nor will at any (Short form). time hereafter, distrain upon or otherwise resort to the said hereditaments comprised in the said indenture of the &c., or any part thereof, for enforcing or compelling the payment of or for securing the said annual rent-charge of £-so limited to her as hereinbefore is mentioned (a).
CXXVII. Covenant, grant, declare, and agree to and Not to claim with the said C. D., his heirs and assigns, in trust for the jointure out of
part of lands;
(a) Vide Tit. I. art. viii. note, pp. 47–49.
and if claimed, said E. F., his heirs and assigns in manner following; (that released there is to say), that she the said A. B., her executors, adminisfrom, with a
trators, and assigns, or any of them, shall not nor will, at proviso that residue of lands any time or times hereafter, claim or demand the
payment of shall remain
the said jointure or rent-charge of £— a year, or any part subject to the jointure. thereof, out of the said lands, tenements, and hereditaments
hereby assigned and surrendered or otherwise assured, or intended so to be; and that in case she the said A. B., her executors, administrators, or assigns, or any or either of them, shall at any time or times hereafter claim or demand the said jointure of £-a year, or any part thereof, out of the same lands, tenements, and hereditaments, or any of them, contrary to the true intent and meaning of these presents, then and in that case, and from that time, the said C. D., his heirs and assigns, and the said lands, tenements, and hereditaments hereby assigned and surrendered or otherwise assured, or intended so to be, and every part thereof, shall be released, exonerated, and discharged of and from the payment of the said rent-charge of £— a year, and every part thereof, and all powers of distress and entry for recovering and enforcing the payment of the same annuity or rent-charge and arrears thereof. Provided always, and it is hereby declared and agreed by and between all the said parties to these presents, as far as they are respectively interested, that the residue of the manors, messuages, lands, tenements, and hereditaments charged and chargeable with the said jointure rent-charge of £— a year, and the payment of such part of the said sums of £— as has not already been raised and satisfied, shall remain subject and liable to the payment thereof respectively, in the same manner as if these presents had not been executed, or as near thereto as may be, and the circumstances of the case will admit.
Direction and CXXVIII. And it is hereby declared and agreed by and appointment by request to a
between the parties to these presents, and the said A. B. and trustee, and
C. D. do hereby severally direct and appoint, and the said covenant by the trustee to
E. F. (trustee], at the instance and request of the said A. B. stand possessed and C. D., testified by their executing these presents, doth of premises for residue of a hereby, for himself, his heirs, executors, and administrators,
covenant and agree with the said G. H., his heirs and as- term to the ex. signs, that he the said E. F., his executors, administrators, of another, upon and assigns, shall and will, immediately after the execution trust, to indem
nisy others, and of these presents, and from time to time, stand and be pos- their heirs, and sessed of, and interested in, and entitled to the said heredi- the premises
from payment taments comprised in the said term of one thousand years, of an annuity, and every part and parcel of the same, with the appurte- tion of trustee's nances, for all the residue of the said term of one thousand prior privilege
of indemnity. years therein, according to the nature and to the extent of the right and title of the said E. F. to that term, but no further or otherwise, upon trust to indemnify the said G. H., his heirs and assigns, and the messuages, farms, lands, and hereditaments so agreed to be purchased by him as aforesaid, of and from the payment of the said annuity of £ and the arrears thereof, and all contributions towards the same; and subject thereto, upon such and the like trusts as he now holds the same term. Provided always, and it is hereby agreed and declared by and between the parties to these presents, that nothing in these presents contained shall extend, or be construed to extend, to affect the right of the said E. F., his heirs, executors, administrators, or assigns, or the owner or owners for the time being of the hereditaments and premises which were purchased by and conveyed to him as is hereinbefore mentioned or referred to, to retain, if necessary, his or their priority and preference in point of indemnity of and from the said annuity of £ and the arrears thereof.
CXXIX. Covenant, promise, and agree with the said By wife's faA. B. and C. D., [trustees], their executors, administrators, ther, to leave and assigns, that if the said intended marriage shall be duly which, with solemnized, the said E. F. [wife), or the trustee or trustees she is entitled for the time being of these presents, shall within six calen- to, shall amount
to a specified dar months next after the decease of the survivor of the said G. H. [ father], and A. his present wife, receive or be entitled to receive, either under or by virtue of the last will and testament of him the said G. H. or otherwise, as an additional portion or fortune to the said E. F., from the said G. H., pursuant to the agreement hereinbefore recited, such sum or sums of money as, together with and inclusive of the