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NIT.

and purposes, any thing herein contained to the contrary thereof

in any wife notwithstanding. Provided also, and it is hereby Condition,

further declared and agreed by and between all the faid paries that the uses to these presents, that in case the said Abraham Barker or Ce. and estates cilia his wife, at any time during their lives, or the life of the hereby survivor of them, with the approbation of the said David Edgranted shall wards and Francis Golding, or the survivor of them, or the be void, on

executors and administrators of such survivor, shall fettle, convey,
fettling
other lands and assure other lands and tenements of an eitate of inheritance
of equal in fee-simple, in possession, in some convenient place or places
value in re- within the realm of England, of equal or better value than the
compense. faid capital messuage, lands, tenements, hereditaments and pre-

mises, hereby granted and released, and in lieu and recomperie
thereof, unto and for such and the like uses, intents, and puse
poses, and upon such and the like trusts, as the said cap.tal mel-
fuage, lands, tenements, hereditaments, and premises are hereby
settled and assured unto and upon, then and in such case, and
at all times from thenceforth, all and every the use and uses,
truit and truts, estate and estates herein before limited; ex-
pressed, and declared of or concerning the same, shall cease,
determine, and be utterly void to all intents and purposes; and
the fame capital messuage, lands, tenements, hereditaments,
and premises, shall from thenceforth remain and be to and for
the only proper use and behoof of the said Abraham Barker or
Cecilia his wife, or the survivor of them, fo settling, conveying,
and assuring such other lands and tenements as aforesaid, and of
his or her heirs and afiigns for ever: and to and for no other

use, intent, or purpose whatsoever; any thing herein contained Covenant to to the contrary thereof in any wise notwithstanding. Ind, for levy a fine. the considerations aforesaid, and for barring all estates tail, and

all remainders or reverfions thereupon expectant or depending,
if any be now fubfilling and unbarred or otherwise undeter-
minded, of and in the laid capital nessuage, lands, tenements,
hereditaments, and premises, hereby granted and released, or
mentioned to be hereby granted and released, or any of them,
or any part thereof, the said Abraham Barker for himself and
the faid Cecilia his wife, his and her heirs, executors, and ad.
ministrators, and the said John Barker for himself, his heirs,
executors, and administrators, do, and each of them doth, re.
spectively covenant, promise, and grant, to and with the faid
David Edwards and Francis Golding, their heirs, executors, and
administrators, by these presents, that they the said Abraham
Barker and Cecilia his wife, and John Barker, thail and will,
at the costs and charges of the said Abraham Barker, before
the end of Michaelmas term next ensuing the date hereof, ac-
knowlege and levy, before his majesty's juftices of the court of
common pleas at Westminster, one or more fine or fines, jar (g-
nizance de droit, come ceo, eswith proclamations according to

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the form of the statutes in that case made and provided, and the

No. II. usual course of fines in such cases accustomed, unto the said Da. vid Edwards, and his heirs, of the said capital messuage, lands, tenements, hereditaments, and premises, by such apt and convenient names, quantities, qualities, number of acres, and other descriptions to ascertain the same, as Ihall be thought meet; which' said fine or fines, so as aforesaid, or in any other manner levied and acknowleged, or to be levied and acknowleged, shall be and enure, and shall be adjudged, deemed, construed, and taken, and so are and were meant and intended, to be and enure, and are hereby declared by all the said parties to these presents to be and enure, to the use and behoof of the said David Edwards, and his heirs and aligns; to the intent and purpore that the said David Edwards may, by virtue of the said fine or fines so covenanted and agreed to be levied as aforesaid, be and become perfect tenant of the freehold of the said capital in order to mesfuage, lands, tenements, hereditaments, and all other the make a te. premises, to the end that one or more good and perfect common nant to the recovery or recoveries may be thereof had and suffered, in such praecipe,char

a recovery manner as is hereinafter for that purpole mentioned. And it is hereby declared and agreed by and between all the said parties suffered ; to these presents, that it shall and may be lawful to and for the said Francis Golding, at the coits and charges of the faid Abra. ham Barker, before the end of Michaelmas term next ensuing the date hereof, io fue forth and prosecute out of his majesty's high court of chancery one or more writ or writs of entry fur disfeifin en le post, returnable before his majelly's justices of the court of common pleas at Westminster, thereby demanding by apt and convenient names, quantities, qualities, number of acres, and other descriptions, the faid capital metľuage, lands, tenements, hereditaments, and premises, against the laid David Edwards; to which fail writ, or writs, of entry he the said David Edwards fhall appear gratis, either in his own proper person, or by his attorney thereto lawfully authorized, and vouch over to warranty the faid Abraham Barker, and Cecilia his wife, and John Barker; who Mall allo gratis appear in their proper persons, or by their attorney or attorneys, thereto lawfully authorized, and enter into the warranty, and vouch over to war. ranty the common vouchee of the same court; who shall also appear, and after imparlance shall make default : fo as judgment Thall and may be thereupon had and given for the said Francis Golding, to recover the said capital messuage, lands, tenements, hereditaments, and premises, againit the laid David Edwards, and for him to recover in value against the said Abraham Barker, and Cecilia his wife, and John Barker, and for them to recover in value against the said common vouchee, and that execution fall and may be thereupon awarded and had accordingly, and all and every other act and thing be done and executed, needful

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No. II. and requisite for the suffering and perfecting of such common

recovery or recoveries, with vouchers as aforesaid. And it is hereby further declared and agreed by and between all the farið parties to these presents, that immediately from and after the fuffering and perfecting of the faid recovery or recoveries, so as aforesaid, or in any other manner, or at any other time of times, suffered or to be suffered, as well these presents and the affurance hereby made, and the said fine or fines so covenanted to be levied as aforesaid, as also the fajd recovery or recoveries, and also all and every other fine or fines, recovery and recoveries, conveyances, and assurances in the law whatsoever here. tofore had, made, levied, fuffered, or executed, or hereafter to be had, made, levied, suffered, or executed, of the said ca. pital messuage, lands, tenements, hereditaments, and premises, or any of them, or any part thereof, by and between the said parties to these presents or any of them, or whereunto they or any of them are or shall be parties or privies, shall be and enure, and Mall be adjudged, deemed, construed, and taken, and to are and were meant and intended, to be and enure, and the re. coveror or recoverors in the said recovery or recoveries named or to be named, and his or their heirs, thall stand and be feiled

of the said capital mesluage, lands, tenements, hereditaments, to the pre

and premises, and of every part and parcel thereof, to the uses, ceding uses upon the trusts, and to and for the intents and purposes, and in this dced. under and subject to the provisoes, limitations, and agreements

, herein-before mentioned, exprefied, and declared, of and cosOther cove. cerning the same. 2010 the faid Abraham Barker, party herenants; unto, doth hereby for himself, his heirs, executors, and admi.

nistrators, further covenant, promise, grant and agree, to and
with the said David Edwards and Francis Golding, their heirs,

executors, and administrators, in manner and form following: for quiet en- that is to say, that the said capital mefl'uage, lands, tenements

, joyment,

hereditaments, and premises, shall and may at all times hereafter remain, continue, and be, to and for the uses and purposes, upon the trusts, and under and subject to the provisoes, limitations, and agreements, herein-before mentioned, expressed and declared, of and concerning the same; and shall and may be peaceably and quietly had, held, and enjoyed accordingly, without any lawful let or interruption of or by the said Abraham Barker or Cecilia his wife, parties hereunto, his or her heirs or afligns, or of or by any other person or persons lawfully claiming or to claim from, by, or under, or in trust for him, her,

them, or any of them ; or from, by, or under his or her ancesfree from

tors, or any of them; and shall so remain, continue, and be, incum

free and clear, and freely and clearly acquitted, exonerated, and brances;

discharged, or otherwise, by the faid Abraham Barker, or Cecilia his wife, parties bereunto, his or her heirs, executors, or administrators, well and fufficiently saved, defended, kept harmless,

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and indemnified of, from, and against all former and other gifts, No. II. grants, bargains, sales, leases, mortgages, estates, titles, trous bles, charges, and incumbrances whatsoever, had, made, done, committed, occasioned, or suffered, or to be had, made, done, committed, occasioned, or suffered, by the said Abraham Barker, or Cecilia his wife, or by his or her ancestors, or any of them, or by his, her, their, or any of their act, means, assent, consent, or procurement: Ind inozcover that he the faid Abra- and for fura ham Barker, and Cecilia his wife, parties hereunto, and his ther alluror her heirs, and all other perfons having or lawfully claiming, or which shall or may have or lawfully claim, any estate, right, title, trust, or interest, at law or in equity, of, in, to, or out of the faid capital mesfuage, lands, tenements, hereditaments, and premises, or any of them, or any part thereof, by or under or in trutt for him, her, them, or any of them, or by or under his or her ancestors or any of them, shall and will from time to time, and at all times hereafter, upon every reasonable request, and at the costs and charges, of the said David Edwards and Francis Golding, or either of them, their or either of their heirs, executors, or administrators, make, do, and execute, or cause to be made, done, and executed, all such further and other lawful and reasonable acts, deeds, conveyances, and assurances in the law whatsoever, for the further, better, more perfect, and absolute granting, conveying, settling, and assuring of the same capital messuage, lands, tenements, hereditaments, and premises, to and for the uses and purposes, upon the trusts, and under and subject to the provisoes, limitations, and agreements herein before mentioned, expressed, and declared, of and concerning the same, as by the said David Edwards and Francis Golding, or either of them, their or either of their heirs, executors, or administrators, or their or any of their counsel learned in the law, shall be reasonably advised, devised, or required : fo as such further afturances contain in them no further or other warranty or covenants than against the person or persons, his, her, or their heirs, who shall make or do the same; and so as the party or parties, who shall be requested to make such further assurances, be not compelled or compellable, for making or doing thereof, to go and travel above five miles from his, her, or their then respective dwellings, or places of abode. Probided lastly, and it is hereby further declared and agreed Power of re. by and between all the parties to these presents, that it shall vocation. and may be lawful to and for the faid Abraham Barker and Cecilia his wife, John Barker aud Katherine his intended wife, and David Edwards, at any time or times hereafter, during their joint lives, by any writing or writings under their respective hands and seals, and attested by two or more credible wit. nesses, to revoke, make void, alter, or change all and every or any the use and utes, eitare and estates, herein and hereby

before

No. II. before limited and declared, or mentioned or intended to be fin

mited and declared, of ard in the capital messuage, lands, tenements, hereditaments, and premises aforesaid, or of and in any part or parcel thereof, and to declare new and other uses of the same, or of any part or parcel thereof, any thing herein

contained to the contrary thereof in any wise notwithitanding. Conclufion. Jln witness whereof the parties to these presents their hands and

deals have subscribed and let, the day and year first above written.

Sealed, and delivered, being

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

firit duly Stamped, in the
presence of

George Carter.
William Browne.

(L. S. Charles Browne. (L. S.) Richard More.

(L. S. John Barker. (L. S.) Katherine Edwards. (L. S.)

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