three recoveries. said New River water-cut and stream, and the profits thereof, hereditaments, and premises, and every part and parcel of the same, with their for suffering rights, members, and appurtenances; to the end that three or more good and perfect common recoveries, with double voucher may be had and suffered of the same parts, and shares, and hereditaments. And for that purpose it is hereby directed, declared, and agreed, by and between all the said parties to these presents, as far as they respectively are interested, that the said J. H. shall permit and suffer the said J. M. or some other person or persons, at the costs and charges in all things, of the said J. W. his heirs, executors, or administrators, at any time or times hereafter to sue forth, and prosecute against him the said J. H, out of his majesty's high court of Chancery, three or more writs of entry, sur disseisin en le post, returnable before his majesty's justices of the court of Common Pleas, at Westminster; and by one or more of the said writs, demand of the situate in the said J. H. the parts and shares hereby released or otherwise assured, or intended so to be, of such and so many, and such part and parts of the said King's Moiety of the New River water-cut and stream, profits, and hereditaments, as are situate, lying, and being, or arising and to be had and taken in the said county of H, with the appurtenances; and by one or more of the said writs, County of M. demand of the said J. H. the parts and shares hereby released, or otherwise assured, or intended so to be, of such, and so many, and such part and parts, of the said King's Moiety of the said New River water-cut and stream profits, and here One writ to be sued for the parts county of H. One for the part in the all the reco scribed. ditaments as are situate, lying, and being, or arising and to be had and taken in the said county of M.; and by one or more of the said writs, demand and one for the part in of the said J. H. the parts and shares hereby the city of L. released or otherwise assured, or intended so to be, of such, and so many, and such part and parts, of the said King's Moiety of the said New River water-cut and stream, profits and hereditaments as are situate, lying, and being, or arising and to be had and taken within the city of L.; and demand the said shares respectively, by such apt, good, sufficient, and proper names, quantities, qualities, and other descriptions as shall be deemed necessary, proper, sufficient, and requisite to comprise Mode of the same. And that the said J. H. shall in his Prosecuting own person, or by his attorney or attornies, law-veries prefully authorised in that behalf, appear to each of the same writs respectively, and vouch to warranty the said E. W. And that the said E. W. shall in her own person, or by her attorney. or attornies, lawfully authorised in that behalf, appear gratis, and freely enter into the warranty of the said J. H.; and taking the same upon herself, vouch over to warranty the common vouchee of the court of Common Pleas, for the time being; who shall appear gratis, and freely enter into the warranty of the said E. W, and after imparlance make default. So that judgment may be given upon each of the said writs, for the said J. M, or other demandant or demandants, to recover all and singular the parts and shares hereby released or otherwise assured, or intended so to be, of and in such and so many and such part and parts of the moiety of the said New River water-cut and stream, profits and hereditaments, called the King's Moiety, as shall be demanded by the same writs respectively, with their rights, members, and appurtenances, against the said J. H.; and for the said J. H. to recover in value against the said E. W.; and for the said E. W. to recover in value against the common vouchee, as is usual in such cases. And that upon all and every recovery and recoveries to be suffered as aforesaid, execution may be sued and prosecuted by, and seisin had, taken, and delivered unto the said J. M. or other demandant or demandants accordingly. And that every other act or thing needful, requisite, or proper to be done or executed for the purpose of suffering and perfecting a common recovery or coveries of the parts and shares, hereditaments and premises, hereby released, or otherwise assured, or intended so to be, with double, treble, or other voucher, to bar the estate tail of the said E. W. of and in the said parts, shares, hereditaments, and premises, and all reversions and remainders over and expectant upon the same estate, Direction that be made, done and executed. And by way shall be suf- of direction and declaration, and not of covenant, fered. it is hereby granted, declared, and agreed, by and between the parties to these presents, as far as they respectively are interested, and they hereby or themselves, severally and respectively, and for their several and respective heirs, executors, and administrators, consent, and agree, according to their respective estates, rights, and interests, in the premises, that the recoveries hereby agreed to be suffered, shall be suffered and perfected with and that the all possible dispatch; and that they respectively, to bar the estate-tail,&c. recoveries may the same. recoveries, fines, &c. and their respective heirs, on their respective parties will parts, will use their utmost endeavours to give give effect to effect to the same recoveries, and also to these presents, and the grant, release, confirmation, or other assurance hereby made. AND IT IS HERE- DeclaraBY FURTHER DIRECTED, declared, and agreed by TION that the and between all the parties to these presents, as far as they respectively have any right, title, or interest in the premises, that immediately upon and after judgment obtained, and seisin had and taken upon each such recovery as aforesaid, each recovery so as aforesaid or in any other manner, or at any other time or times to be suffered; and the lease for a also the bargain and sale for a year, bearing date year, and the present deed, on the day next before the day of the date of these and all other presents; and also these presents, and the assurance hereby made; and all and every other fine and fines, recovery and recoveries, and other assurances whatsoever, at any time or times heretofore, and to be at any time, and from time to time hereafter, had, made, done, levied, suffered, executed, and perfected, of or concerning all or any part of the said parts and shares, hereditaments and premises, hereby released, or otherwise assured or intended so to be, either by themselves solely and alone, or jointly and together, with any other lands, tenements, or hereditaments, parts or shares, by or between all and every, or any or either, of the persons who are parties to these presents, or to which they, or any, or either of them is, or are, or shall, or may be parties or privies, or a party or privy shall, as to all the said parties to these presents respectively, as far as they respectively can lawfully or rightfully direct the sons shall As to the shares con veyed. uses of the same fine or fines, common recovery or recoveries, and other assurances, be and enure, shall enure, and be adjudged, expounded, deemed, decreed, and taken to be and enure, and that the same was and were meant and intended, and is and are hereby directed and declared to be and enure; and that per- and also that the person or persons to whom such stand seised. fine or fines, common recovery or recoveries, and other assurances respectively, have or hath been, or shall or may be, levied, suffered, made, and executed, shall stand and be seised, as to, for, and concerning the said several parts and shares hereby released, or otherwise assured or intended so to be, of and in the said moiety of the said New River water-cut and stream, profits, and hereditaments, called the King's moiety, and every part and parcel of the same, with the appurtenances; To the uses, upon the trusts, and for the ends, intents, and purposes hereinafter limited, expressed, and declared, of and concerning the same, (that is to say) To the use of the said J. W. and J. F. their heirs and assigns, during the life of the said E. W, upon the trusts hereinafter declared of their estate. And from and after the determinaRemainder, tion of that estate by any means, To the use of the another trus- said E. G. his heirs and assigns, during the natural tee for life of life of the said E. W, Upon trust to support and preserve the contingent interests limited to the children of the said E. W, by the will of her said father. And from and after the decease of the said E. W, To the use of the said J. W. and J. F. To the use of their heirs and assigns for ever, upon the trusts J. W. and J. hereinafter declared of their estate. And it is bereby directed, declared, and agreed by and between To the use of the trustees J. W. and J. the daughter. To the use of the daughter, in trust to support the contingent interests un der the will. Remainder, the trustees F. in fee. |