the residue of

estates to his

said son J. W. his heirs and assigns, or in case of his death, to his children, share and share alike. And after bequeathing divers pecuniary legacies, and devising the said testator, by his said will, gave, devised, and his real and bequeathed all the rest, residue, and remainder Personal of his real and personal estate, whether freehold, son, copyhold, or leasehold, or of whatever nature or kind soever, or wheresoever, which he might be possessed of, or any ways intitled to, at the time of his decease, unto his son the said J. W. his heirs, executors, administrators, and assigns for ever, according to the nature and tenure of his said estates and effects. And the said testator appointed his said son J. W. to be sole executor of his said will. AND WHEREAS the said testator Death of testator, J. W. departed this life without having in any manner revoked or altered his said in part recited last will and testament. And the same last will and and probate testament, was after his decease, and on or about the the Prerogative Court of the Archbishop of Canterbury. AND WHEREAS it is apprehended, Apprehended that, the de that the devise to the said J. W. and J. F. upon vise extended trust as aforesaid, contained in the said in recited will, may be construed to extend to whole of the share and interest which the said testator J. W. had at the time of his decease in that part of the New River called the King's Moiety; and that the said E. W. is seised of an estate-tail in remainder under the limitations or dispositions contained in the will of her said

day of

duly proved in

of his will

part tator's interest the in the king's

to all the tes

moiety.

vested in the

father. AND WHEREAS the legal estate of the said Legal estate New River water-works and shares therein is or company. is understood to be vested in the Governor and

Agreement to

suffer recove

ry to rectify

a supposed mistake in the will.

Agreement of the son and the other trustee to

join.

Company of the said New River in their corporate capacity. AND WHEREAS the said E. W. is fully satisfied that the intention of her said father in making, such devise was to give to the said J. W. and J. F. in trust for her and her children

as aforesaid, a share or shares equal to one 36th part or share of the said King's Moiety in the said New River and no more. And the said E. W. is desirous and hath agreed, in order to remove all doubts and difficulties which may arise upon the construction of the said devise, to settle and assure all the shares and interests late of her said father in the King's Share of the said New River, according to such his supposed intention, and for that purpose to suffer a recovery of the said shares and hereditaments. AND WHEREAS in order to ren der such recovery effectual as far as the said J. W. is interested, he and (at the request of the said J. W. and E. W.) the said J. F. have agreed to join in these presents in such manner as hereinafter is expressed. Now THIS INDENTURE ring estates- WITNESSETH, that in pursuance of the several agreements hereinbefore mentioned, and for docking, barring, destroying, and extinguishing all estates-tail, of and in the several parts, shares, and interests in the New River, and the profits thereof and other hereditaments hereinafter mentioned, and released or otherwise assured or intended so to be, and all reversions and remainders expectant upon such estates-tail, and all conditions and and settling collateral limitations annexed thereto; and for settling and assuring the same parts, shares, and hereditaments, respectively, to the uses, upon the trusts, and for the ends, intents, and purposes

Witnesseth

that for bar

tail, &c.

the shares to uses,

nal considera

direction of

1

hereinafter limited, expressed, and declared of and concerning the same; and in consideration of ten and for nomishillings of lawful money current in Great Britain tion. to each of them the said J. W, J. F. and E. W, well and truly paid by the said J. H, immediately before the execution of these presents, (the receipt whereof is hereby acknowledged,) The said Trustee, by J. F. at the special instance and request, and the son and with the privity, consent, and approbation, and daughter, by the direction and appointment of the said J. W. and E. W, testified by their severally executing these presents, hath bargained, sold and re-releases; leased, and by these presents doth bargain, sell, and release; And the said J. W. and E. W, and the son and daughter according to their respective estates, rights, and interests in the premises, have and each of them hath granted, bargained, sold, aliened, released, grant, &c. ratified, and confirmed, and by these presents do and each of them doth grant, bargain, sell, alien, release, ratify, and confirm, unto the said J. H. his heirs and assigns, (in the actual possession of (reference to the said J. H. now being, in virtue of a bargain year) and sale thereof made to him by the said J. F, J. W. and E. W, in consideration of five shillings paid to each of them by the said J. H, by indenture bearing date on the day next before the day of the date, and executed before the execution of these presents, for one whole year, to be computed from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute made for transferring uses into possession,) ALL that one full and equal moiety, A moiety of half part, or share, late of the said J. W. of, in shares, and to all those two full and intire six-and-thir

lease for a

two 36th

of another

36th share.

The like,

in the King's Moiety of the New River.

And a moiety tieth parts or shares; And all that one full and equal moiety, half part, or share, late of the said J. W. of, in, and to all that one other full and intire six-and-thirtieth part or share; And also all that one full and equal moiety, half part, or share, late of the said J. W. of, in, and to all that one other full and intire six-and-thirtieth part or share, of and in All that moiety or half part of the New River water-cut and stream, and the profits thereof, brought from C. and A. in the counties of H. and M. or one of them, to L. and other places adjacent, commonly called the King's Moiety, (the said moiety or half, into six-andthirty parts, or equal shares to be divided,) and . also of and in the King's Moiety of all hereditaments whatsoever relating unto or concerning the said New River cut or stream, and of and in all manner of profits, advantages, and commodities whatsoever, thereof, or by means or reason thereof, in any sort to be paid, raised, and gotten; And also of and in the King's Moiety or half part of all fines, sums of money, rents, reversions, benefits, and commodities whatsoever, which at any time for times hereafter shall or may be raised, had, made, levied, or gotten, by means of the said New River water or water-works, or of, or by reason of the conveyance of the water thereof, in or by any parts or places, or unto or for any person or perAnd all other sons whomsoever, And all and singular other shares late of the parts, shares, and interests, late of the said J. W, of, in, and to the said moiety, or half part, moiety. called the King's moiety, of the said New River

the testator in

the same

water-cut and stream, and the profits thereof, and the commodities, hereditaments, and appurte

J. H. his

the life of the

nances, to the same belonging or appertaining. And the reversion and reversions, remainder and Reversion, &c. remainders, yearly and other rents and profits of the said hereby, or hereby intended to be released, parts, shares, and hereditaments, and every part and parcel of the same, with the appurtenances. TO HAVE AND TO HOLD the said parts or shares HABENDUM to hereinbefore mentioned, and hereby released, or heirs and asotherwise assured, or intended so to be, of and in signs during the said moiety of the said New River water-cut daughter. and stream, and the profits thereof, called the King's Moiety, hereditaments, and all and singular other the premises hereinbefore mentioned, and hereby released, or otherwise assured, or intended so to be, and every part of the same, with their and every of their rights, members, and appurtenances, unto the said J. H. his heirs and assigns, during the natural life of the said E. W. To the uses hereinafter limited and declared; that is to say, To the use of the said J. H. and his assigns To the use of J. H. during during the joint natural lives of the said J. H. the joint lives and E. W. And from and after the determination of of himself and the daughter. that estate, and in the mean time subject thereto, Remainder and until the recoveries hereby agreed to be suffered shall be suffered, To the uses hereinafter li- To uses demited and declared of the recoveries hereby agreed recovery. to be suffered. AND IT IS HEREBY DECLARED and agreed, that the estate hereby limited to the estate is limituse of the said J. H. and his assigns, during the ed to the use joint lives of himself and the said E. W, is so the joint lives limited to him and them, To the intent that tenant to the the said J. H. may be tenant of the freehold of all præcipe, and singular the said several parts and shares hereby released, or otherwise assured, or intended so to be, of and in the said King's Moiety, of the

clared of the

DECLARA

TION that the

of J. W. for

to make him