and persons

shall stand seised,

As to the

lands convey

ed

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 also that the person or persons to whom such 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 messuages, farms, lands, hereditaments, and premises, hereby released, or otherwise assured or intended so to be, and every part and parcel of the same, with their and every of their rights, members, and appurtenances, (subject, and without prejudice as aforesaid) To the uses, upon the

trusts, and for the ends, intents, and purposes, hereinafter limited and declared of and concerning To the use of the same, that is to say, To the use of such persuch persons, son or persons, for such estate or estates, and for band and wife such interest or interests, by way of annuity, shall jointly appoint.

&c. as hus

1

rent charge, or otherwise, and in such parts, shares,

and proportions, and upon such trusts, and for such ends, intents, and purposes, and charged and chargeable, in such manner, and either absolutely or conditionally, and subject to such powers of revocation and of new appointment and other powers, provisoes, conditions, restrictions, limitations, declarations, and agreements, as the said C. C. and A. his wife, at any time or times, and from time to time, during their joint lives, by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by them in the presence of two or more credible witnesses, and attested by the same witnesses, shall jointly direct, limit, or In default of appoint. And in default of such direction, limi

tation, and appointment, and in the mean time and appointment. from time to time, until the same shall take effect, and from time to time subject to such uses, trusts, charges, and interests as shall have been directed, limited or appointed by the said C. C. and A. his

husband and

FURTHER
WITNESSETH

nal considera

wife.

wife jointly; then To the use of the said C. C. and A. To the use of his wife, their heirs and assigns, for ever; and to no wife, in fee. other use, and upon no other trust, nor for any other end, intent, or purpose whatsoever. AND THIS INDENTURE INDENTURE ALSO WITNESSETH that in pursuance and further performance of the said agree- that for nomiment on the part of the said J. R. H, and in tion J. R. H. consideration of 10s. of like lawful money as releases and assigns to aforesaid, to the said J. R. H. well and truly paid husband and by the said C. C. and A. his wife, immediately before the execution of these presents, (the receipt whereof is hereby acknowledged,) The said J. R. H. hath remised, released, quit-claimed, and also bargained, sold, and assigned, and by these presents doth remise, release, quit-claim, and also bargain, sell, and assign unto the said C. C. and A. his wife, their heirs, executors, adminstrators, and assigns, All the estate, right, all his estate, title, interest, term and terms of years, benefit, hold and property, and possiblity, at law and in equity, or leasehold otherwise howsoever, of him the said J. R. H, of &c. in, to, and out of all the said freehold and leasehold messuages, lands, tenements, hereditaments, real estate, and residue of the personal estate and effects, and other property late of the said D. H, devised and bequeathed by his said will and codicil, or which were purchased in manner hereinbefore mentioned, and of, in, to, and out of every part

&c. in free

messuages,

hath not in

cumbered.

and parcel of the same, so and in such manner, that the said J. R. H. may henceforth be excluded of and from all share, right, and interest, of, in, and to the same real and personal estates, and the same may be discharged of and from all

claims and demands whatsoever, of him the said COVENANT by J. R. H. AND the said W. B. doth hereby for a releasing party that he himself, his heirs, executors, and administrators, covenant, declare, and agree, to and with the said C. C. and A. his wife, their heirs and assigns, that he the said W. B. hath not at any time or times heretofore made, done, executed, committed, or willingly or knowingly suffered any act, deed, matter, or thing whatsover, whereby or by reason or means whereof the said messuages, farms, lands, and hereditaments, hereby released, or otherwise assured or intended so to be, or any part thereof, are, is, can, shall, or may be impeached charged, incumbered, or in any wise affected in The like by title, charge, estate, or otherwise howsoever. AND another party. the said J. R. H. doth by these presents for himself, his heirs, executors, and adminstrators covenant and declare to and with the said C. C. and A. his wife, their heirs, executors, administrators, and assigns, that he the said J. R. H. hath not at any time or times heretofore, made, done, executed, committed, or willingly or knowingly suffered any act, deed, matter, or thing whatsoever, whereby, or by reason or means whereof, the said messuages, farms, lands, hereditaments, and premises hereby released, or otherwise assured or intended so to be, or the said leasehold pieces or parcels of land, and other the personal estate hereby released and

assigned or intended so to be, or any part of the same respectively, shall or may be impeached, charged, incumbered, or in any wise affected in title, charge, estate, or otherwise howsoever. In witness, &c.

FORM VI.

Recovery Deed for three Recoveries, in different Counties, of Shares in the New River, when the Object is to preserve Contingent Remainders; and also to prevent Merger; and correct the Intention of a Testator in the Dispositions made by his Will.

Though this deed was supposed to concern equitable Estates, yet as that was not ascertained, it was prepared as if the Estates had been legal (a).

THIS INDENTURE of seven parts, made the 2d day of July A. D. 1805, and 45 Geo. III. &c. BETWEEN J. W. of, &c. Esq. and J. F. of, &c. PARTIES. merchant, of the first part; E. W. of, &c. spinster, of the second part; the said J. W. of the third part; J. H. of, &c. gentleman, of the fourth part ; J. M. of, the same place, gentleman, of the fifth part; E. G. of, &c. merchant, of the sixth part; and J. G. of, &c. Esq. of the seventh part. WHEREAS J. W. late of, &c. Esq. deceased, was RECITES the at the date and publication of his will, hereinafter seisin in fee of recited, and also at his death, seised of, or other-owner of a wise intitled to a moiety of two 36th parts, (being different a share he purchased of the Right Honorable shares, in the Elizabeth Lady Viscountess B,) and a moiety of and advenone other 36th part, (being a share he purchased moiety, of of W. P. H. Esq. and others,) and a moiety of one the New Ri(a) See p. 114 of the text.

a former

moiety of

king's moiety,

turer's

ver.

Will of the former owner,

devising his

share called a

other 36th part, (being a share he purchased of the Honorable F. W. and C. his wife,) of and in that moiety or half part of the New River watercut and stream 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, and the profits, advantages, and hereditaments thereto belonging; And was also seised of or intitled to one full 36th share of that moiety of the said water-cut and stream and hereditaments, which is called the Adventurer's Moiety. AND WHEREAS the said J. W. by his last will and testament in writing duly executed and attested for the devise of lands of inheritance, and bearing date on or about the 31st day of March in the year 1803; (amongst other things) gave, deKing's share, vised, and bequeathed unto his dear son, the said J. W. and to his friend, the said J. F. and the survivor of them, and to the heirs of such survivor, all that his (the said testator's) part or share, commonly called a King's Share, of and in the New River, with the rights, members, and appurtenances: Upon trust to pay the interest, dividends, and produce arising therefrom, unto his daughter the said E. W. for and during her natural life. And from and after her decease, he gave and devised the said part or share called a King's Share, with the appurtenances, unto and amongst the children of his said daughter in equal shares and proportions, and if but one child, then to such only child. But in case his said daughter should happen to die without leaving issue, then he gave and devised the said part and share called a King's Share, with the appurtenances unto his

to his son and another, for the benefit of his daughter

and her chil

dren: