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tenances, unto the said David Edwards and Francis Golding, No. II.
their executors, administrators, and alligns, from the day next
before the day of the date of these presents, for and during,
and unto the full end and term of, one whole year from thence
next ensuing and fully to be completed and ended : Yielding and Reddendum.
paying therefore unto the faid Abraham Barker, and Cecilia his
wife, and their heirs and aligns, the yearly rent of one pepper-
corn at the expiration of the laid terin, if the fame fhall be law-
fully demanded : To the intent and purpose, that, by virtue of Intent.
these presents, and of the Atatute for transferring uses into por-
feflion, the faid David Edwards and Francis Golding may be in
the actual poffeffion of the premises, and be thereby enabled to
take and accept a grant and release of the freehold, reversion,
and inheritance of the same premises, and of every part and
parcel thereof, to them, their heirs, and assigns; to the uses
and upon the trusts, thereof to be declared by another indenture,
intended to bear date the next day after the day of the date
hereof. In witness whereof the parties to these presents their conclufion.
hands and seals have subscribed and set, the day and year first
abovewritten.

Sealed, and delivered, being

first duly stamped, in the
presence of

George Carter.
William Browne.

Abraham Barker. (L. S.)
Cecilia Barker. (L. S.)
David Edwards. (L. S.)
Francis Golding. (L. S.)

§. 2.

Died of RELEASE.

This Indenture of five parts, made the fourth day of Sep- Premises. tember, in the twenty-first year of the reign of our sovereign lord GEORGE the second by the grace of God king of Great Britain, France, and Ireland, defender of the faith, and so forth, and in the year of our Lord one thousand, seven hundred, and forty-seven, between Abraham Barker of Dale Hall in the county of Norfolk, esquire, and Cecilia his wife, of the first part; David Edwards of Lincoln's Inn in the county of Middlesex, esquire, executor of the last will and testament of Lewis Edwards of Cowbridge in the 'county of Glamorgan, gentleman, his late father, deceased, and Francis Golding of the city of Norwich, clerk, of the second part; Charles Browne of Enitone in the county of Oxford, gentleman, and Richard Moore of the city of Bristol, merchant, of the third part; John Partias. Barker, esquire, son and heir apparent of the faid Abraham Barker, of the fourth part; and Katherine Edwards, fpinster, one of the filters of the said David Edwards, of the fifth part. Taherecs a marriage is intended, by the permission of God, to

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No. II. be shortly had and solemnized between the said John Barker and

Katherine Edwards: Now this Judenture witnesseth, that in
Recital. consideration of the said intended marriage, and of the sum of
Considera. five thousand pounds, of good and lawful money of Great Bri-

tain, to the said Abraham Barker, (by and with the consent and
agreement of the said John Barker, and Katherine Edwards,
testified by their being parties to, and their lealing and delivery
of, these presents,) by the said David Edwards in hand paid at
or before the ensealing and delivery hereof, being the marriage
portion of the said Katherine Edwards, bequeathed to her by
the last will and testament of the said Lewis Edwards, her late
father, deceased; the receipt and payment whereof the said
Abraham Barker doth hereby acknowlege, and thereof, and
of every part and parcel thereof, they the faid Abraham Barker,
John Barker, and Katherine Edwards, do, and each of them
doth, release, acquit, and discharge the said David Edwards,
his executors, and administrators, for ever by these presents :
and for providing a competent jointure and provision of main-
tenance for the faid Katherine Edwards, in case the shall, after
the said intended marriage had, survive and overlive the said john
Barker her intended husband : and for settling and assuring the
capital messuage, lands, tenements, and hereditaments, herein-
after mentioned, unto such uses, and upon such trusts, as are
hereinafter expressed and declared : and for and in consideration
of the sum of five shillings of lawful money of Great Britain
to the said Abraham Barker and Cecilia his wife in hand paid
by the said David Edwards and Francis Golding, and of ten
shillings of like lawful money to them also in hand paid by the
faid Charles Browne and Richard More, at or before the enfeal-
ing and delivery hereof, (the several receips whereof are hereby

respectively acknowleged,) they the faid Abraham Barker and Release.

Cecilia his wife, Have, and each of them hath, granted, bar

gained, sold, released, and confirmed, and by these presents do, 1 and each of them doch, grant, bargain, sell, release, and con

firm unto the said David Edwards and Francis Golding, their Parcels. heirs and assigns, all that the capital messuage called Dale Hall

, in the parish of Dale in the said county of Norfolk, wherein the said Abraham Barker and Cecilia his wife now dwell, and all those their lands in the said parish of Dale called or known by the name of Wilson's farm, containing by eitimation five hundred and forty acres, be the same more or less, together with all and fingular houses, dovehouses, barns, buildings, ftables, yards, gardens, orchards, lands, tenements, meadows, pastures, feedings, commons, woods, underwoods, ways, waters, water. courses, fishings, privileges, profits, easements, commodities, advantages, emoluments, hereditaments, and appurtenances whatsoever to the faid capital mefiuage and farm belonging or appertaining, or with the same used or enjoyed, or accepred, Teputed, taken, or known, as part, parcel, or member thercof,

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or as belonging to the fame or any part thereof; (all which faid No. II. premises are now in the aclual posfellion of the said David Edwards and Francis Golding, by virtue of a bargain and sale to Mention of them thereof made by the faid' Abraham Barker and Cecilia his bargain and

sale. wise for one whole year, in consideration of five hillings to them paid by the faid David Edwards and Francis Golding, in and by one indenture bearing date the day next before the day of the date hereof, and by force of the statute for transferring uses into poffesion;) and the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits thereof, and every part and parcel thereof, and also all the estate, right, title, interest, truit, property, claim, and demand whatsoever, both at law and in equity, of them the said Abraham Barker, and Cecilia his wife, in, to, or out of the said capital messuage, lands, tenements, hereditaments, and premiles: To have and Habendum. to hold the said capital mefuage, lands, tenements, hereditaments, and all and fingular other the premises herein-before mentioned to be hereby granted and released, with their and every of their appurtenances, unto the said David Edwards and Francis Golding, their heirs and asligns, to such uses, upon such trusts, and to and for such intents and purposes as are hereinafter mentioned, expressed, and declared, of and concerning the same : that is to say, to the uie and behoof of the said Abraham Bar- To the use ker, and Cecilia his wife, according to their several and respec- of the grant. tive estates and intereits therein, at the time of, or immedi- ors till marately before, the execution of these presents, until the solem- riage : nization of the said intended marriage : and from and after the Then of the folemnization thereof, to the use and behoof of the said John busband for Barker, for and during the term of his natural life; without lite, sans

ww.afte: impeachment of or for any manner of waste: and from and after

Remainder the determination of that 'estate, then to the use of the said Da- to trustees to vid Edwards and Francis Golding, and their heirs, during the picierve l'fe of the said John Barker, upon trust to support and preserve contingent the contingent uses and estates hereinafter limited from being remainders: defeated and deilroyed, and for that purpose to make entries, or bring actions, as the case shall require ; but nevertheless to per. mit and Suffer the said John Barker, and his asigns, during his life, to receive and take the rents and profits thereof, and of every part thereof, to and for his and their own use and benefit : and from and after the decease of the said John Barker, then to Remainder the use and behoof of the said Katherine Edwards, his intended to the wife wife, for and during the term of her natural life, for her join- for life, for ture, and in lieu, bar, and satisfaction of her dower and thirds her jointure, No. II. ance: and from and after the decease of the said Katherine Ed.

in bar of at common law, which the can or may have or claim, of, in, dower: to, or out of, all, and every, or any, of the lands, tenements, and hereditaments, whereof or wherein the said John Barker now is, or at any time or times hereafter during the coverture between them shall be, reised of any ettate of freehold or inherit

ance ;

Sí 4

wards, or other sooner determination of the said estate, then to Remainder the use and behoof of the said Charles Browne and Richard to other

More, their executors, administrators, and assigns, for and durtrustees for a term, upon

ing, and unto the full end and term of, five hundred years from trufts after thence next ensuing and fully to be complete and ended, without mentioned : impeachment of waste : upon fuch trusts nevertheless, and to and

for fuch intents and purposes, and under and subject to such pro

visoes and agreements, as are hereinafter mentioned, expressed, Remainder and declared of and concerning the same: and from and after to the first the end, expiration, or other sooner determination of the said fons of the term of five hundred years, and subject thereunto, to the use marriage in and behoof of the first son of the said John Barker on the body Sail : of the said Katherine Edwards his intended wife to be begotten,

and of the heirs of the body of such first son lawfully issuing; and for default of such issue, then to the use and behoof of the Second, third, fourth, fifth, fixth, seventh, eighth, finth, tenth, and of all and every other the fon and sons of the said John Barker on the body of the said Katherine Edwards his intended wife to be begotten, severally, fucceflively, and in remainder, one after another, as they and every of them shall be in seniority of age and priority of birth, and of the several and respeciive heirs of the body and bodies of all and every such for and sons lawfully issuing; the elder of such sons, and the heirs of his body ifluing, being always to be preferred and to take

before the younger of such sons, and the heirs of his or their Remainder body or bodies illuing; ard for default of such issue, then to the to the

use and behoof of all and every the daughter and daughters of daughters,

the faid John Barker on the body of the said Katherine Edwards as tenants in his intended wife to be begotten, to be equally divided between common, in them, (if more than one,) share and share alike, as tenants in

common and not as joint. tenants, and of the several and re

spective heirs of the body and bodies of all and every such Remainder daughter and daughters lawfully ifiuing: and for default of fuch to the hur. band in tail;

issue, then to the use and behöcf of the heirs of the body of Remainder

him the said John Barker lawfully issuing : and for default of to the hurt such heirs, then to the use and behoof of the said Cecilia, the band's mo. wife of the said Abraham Barker, and of her heirs and assigns ther in fee for ever. And as to, for, and concerning the term of five hun, The trust of

dred years herein before limited to the said Charles Browne and duciared;

Richard More, their executors, administrators, and asigns, as aforesaid, it is hereby declared and agreed by and between all the said parties to these presents, that the same is so limited to them upon the trusts, and to and for the intents and purposes, and under and subject to the provisoes and agreements, hereinafter mentioned, expreffed, and declared, of and concerning the same : that is to say, in case there shall be an eldest or only son and one or more other child or children of the said John Bar

ker,

the term

to raise por

ker, on the body of the said Katherine his intended wife, to be No. II. begotten, then upon trust that they the said Charles Browne and Richard More, their executors, administrators, and aligns, by

tions for sale or mortgage of the faid terın of five hundred years, or by

younger such other ways and means as they or the survivor of them, or children, the executors or, administrators of such turvivor, shall think fit, fall and do raise and levy, or borrow and take up at interest, the sum of four thousand pounds of lawful money of Great Britain, for the portion or portions of such other child and children (besides the eidest or only son) as aforesaid, to be equally divided between them (if more than one) share and share alike; payable at the portion or portions of such of them as shall be a son or fons certain to be paid at his or their respective age or ages of twenty-one

times, years ; and the portion or portions of such of them as shall be a daughter or daughters to be paid at her or their respective age or ages of twenty one years, or day or days of marriage, which fall first happen. And upon this further truit, that in the mean with maintime and until the same portions shall become payable as afore-tenance at faid, the said Charles Browne and Richard More, their execu

the rate of tors, administrators, and assigns, shall and do, by and out of

4 por cent. the rents, issues, and profits of the premises aforesaid, raise and levy such competent yearly sum and sums of money for the maintenance and education of such child or children, as shall not exceed in the whole the interest of their respective portions after the rate of four pounds in the hundred yearly. Provided al- and benefit ways, that in case any of the same children ihall happen to die of survivorbefore his, her, or their portions shall become payable as afore- thip. said, then the portion or portions of such of them so dying shall go and be paid unto and be equally divided among the survivor or survivors of them, when and at such time as the original portion or portions of such surviving child or children shall become payable as aforesaid. Provided also, that in case there ihall If no fuel be no such child or children of the said John Barker on the body

child, of the said Katherine his intended wife begotten, besides an eldeit or only fon; or in case all and every such child or children or if all die, shall happen to die before all or any of their faid portions Mall become due and payable as aforesaid ; or in case the said por- or if the tions, and also such maintenance as aforesaid, shall by the said portions be Charles Browne and Richard More, their executors, administra- sailed, tors, or affigns, be raised and levied by any of the ways and means in that behalf afore-mentioned ; or in case of the same by or paid, such person or persons as shall for the time being be next in reversion or remainder of the same premises expectant upon the said term of five hundred years, shall be paid, or well and duly or secured by secured to be paid, according to the true intent and meaning the person of these presents; then and in any of the said cases, and at all next in re. times thenceforth, the said term of five hundred years, or so much

mainder; thereof as shall remain unsold or undisposed of for the purposes of the term

the refidue aforesaid, shall cease, determine, and be utterly void to all intents to cease.

and

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