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A69811 The scrivener's guide being choice and approved forms of presidents of all sorts of business now in use and practice, in a much better method than any yet printed, being useful for all gentlemen, but chiefly for those who practice the law, viz. assignments, articles of agreement, acquittances, bargains and sale, bills, conditions, copartnerships, covenants, deeds, defeazances, grants, joyntures, indentures, letters of attorny, licenses, obligations, provisoes, presidents for parish business, releases, revocations, wills, warrants of attorny, &c. / by Nicholas Cobert ... Covert, Nicholas.; Bohun, William. 1700 (1700) Wing C6633A; ESTC R9889 290,539 478

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for Life may make a Jointure to any other Wife if the present should die 253 A Proxiso that a Tenants for Life may make a Jointure if he Marry 254 390 Another to Settle a Rent for a Jointure 255 Proviso that Tenant for Life and his Issue may make Leases and Jointures by Deed or Will 257 Proviso that Tenant for Life may make Leases for what Terms and Rents he pleaseth 259 Proviso that an Estate limited to Daughters shall cease on payment of their Portions by the Heir 260 A Deed to revoke uses in a Settlement according to a power reserved 174 Survivorship See Partnership Voluntary Settlements See in Settlements Limitation of uses See Fines Recoveries Sttlements and Limitation A Warrant A Warrant to acknowledge satisfaction on a Judgment 363 A Warrant to confess a Judgment in Debt 72 A Warrant to confess a Judgment upon a Bond ibid. A Warrant to keep Court A Warrant to summon a Copyhold Court 168 Wills The Form of the beginning of a Will 182 A Clause in a Will to enable the Executor to sell Lands 169 BOOKS Printed for and Sold by Charles Harper at the Flower-de-Luce over-against St. Dunstan 's Church in Fleet-Street Law-Books THE Reports of Sir Peyton Ventris Knight late one of the Justices of the Common-Pleas in two Parts The first containing select Cases adjudged in the King's-Bench in the Reign of King Charles II. The Second Part containing choice Cases adjudged in the Common-Pleas in the Reign of King Charles II. and King James II. and in the three first years of his now Majesty King William and the late Queen Mary while he was a Judge in the said Court with the Pleadings to the same with the allowance and Approbation of the Lord Keeper and all the Judges Two Volumes Folio Pr. 1 l. 14 s. The Second Part of Modern Reports being a Collection of several special Cases most of them adjudged in the Court of Common-Pleas in the 26 27 28 29 and 30 Years of the Reign of King Charles II. when Sir Francis North was Chief Justice of the said Court To which are added several select Cases in the Courts of Chancery King's-Bench and Exchequer Carefully collected by a Learned Hand Printed 1698. Price 12 s. The Third Part of Modern Reports being a Collection of several special Cases in the Court of King's Bench in the last years of the Reign of King Charles II. in the Reign of King James II. and in the two first years of his present Majesty Together with the Resolutions and Judgments thereupon None of these Cases ever printed before Carefully collected by a Learned Hand Price 14 s. The Lord Coke's Reports in English Folio Judge Crook's Reports in three Volumes the third Edition with Reference to all the Late Reports The Lord Coke's Commentary on Littleton Folio His Commentary on Magna Charta Folio His Pleas of the Crown or the third part of the Institutes Folio His Jurisdiction of Courts or fourth Part of the Institutes His Eleven Reports in French Folio Bulstrode's Reports with new References Folio Leonard's Reports in Four Parts with New References Folio The Year-Books in ten Volumes the last Edition with new Notes and Tables to them all Folio The Reports of the Lord Keeper Littleton in the time of King Charles the First Folio The Reports of the Learned Judge Sir Henry Hobert the Fourth Edition corrected and amended Folio Reports in the Court of King's-Bench at Westminster from the 12th to the thirtieth Year of King Charles the Second By Joseph Keble of Grays-Inn Esq In three Volumes Folio Kelway's Reports with new References to all the late Reports By Joseph Washington Esq Reports of several especial Cases in the Court of Common-Pleas in the Reign of King Charles the II. By S. Carter of the Inner-Temple Esq Folio An Assistance to Justices of the Peace for the easier performance of their Duty the first part containing the particular Clauses of all such Statutes from Magna Charta until the first of King James II. that do any ways concern a Justice of Peace in the other part the whole Office of a Justice of Peace is methodically digested with the most approved Presidents under proper Heads to which is now added a Table for the ready finding out the Presidents with a large Table of the Matters never before Printed By Jos Keble of Grays-Inn Esquire An exact Abridgment of the Records in the Tower of London being of great Use for all that are concerned in Parliamentary Affairs and Professors of the Laws of this Realm Collected by Sir Robert Cotton Knight and Baronet Folio The Commentary of Edward Plowden Esq with References whereunto is added his Quaeries Fol. The Laws in Jamaica in II. Parts in Fol. with a large Map of the Island An exact Abridgment of the Statutes of King William and Queen Mary and of King William III. in Force and use Begun by Joseph Washington of the Middle-Temple Esq and since his Death revised and continued to the End of the last Sessions of Parliament April 27. 1696. And thence continued to the 5th of July 1698. 8vo Price 6. s. 6 d. The Scrivener's Guide being choice and approved Forms of Precedents of all sorts of Business now in Use and Practice in a much better Method then any yet Printed being useful for all Gentlemen but chiefly those who Practise the Law 8vo Styles's Practical Register begun in the Reign of King Charles the First Consisting of Rules Orders and principal Observations concerning the Practice of the Common-Law in the Courts of Westminster particularly the King's-Bench as well in Matters Criminal as Civil Carefully continued down to this time The third Edition 8vo Price 6 s. An exact Abridgment of all the Statutes in Form and Use from the beginning of Magna Charta begun by Edmund Wingate and since continued by J. Washington to the Year 1689. In this Impression many hundred of false References are corrected Price 7 s. Two Dialogues in English between a Doctor of Divinity and a Student of the Laws of England of the Grounds of the said Laws c. Price 2 s. 6 d. The New Natura Brevium of the most Reverend Judge Mr. Anthony Fitzherbert Corrected and revised The Laws against Bankrupts or a Treatise wherein the Statutes against Bankrupts are explained By T. Gooding Serjeant at Law 8vo The Entring Clerk's Vade Mecum being an Exact Collection of Presidents in 8vo By W. Brown Divinity and Miscellanies THE Life of our Blessed Lord and Saviour Jesus Chirst An Heroic Poem Dedicated to Her most Sacred Majesty in Ten Books Attempted by Samuel Wesley M. A. each Book illustrated by necessary Notes explaining all the more difficult Matters in the whole History Also a Prefatory Discourse concerning Heroic Poetry The second Edition revised by the Author and improved with the Addition of a large Map of the Holy-Land and a Table of the Principal Matters with 60 Copper-Plates by the celebrated Hand of W. Faithorn Fol. An Epistle
their Executors Administrators and Assigns according to the trust aforesaid in them and every of them reposed shall permit and suffer the said person and persons which for the time being shall have the next and immediate Inheritance of the Premisses from and after the determination of the said Term of sixteen years as aforesaid quietly and peaceably from and after the decease of the said R. C. to have and keep the possession of all and every the before-mentioned Premisses and to receive and take the Rents Issues and Profits thereof And that in default of payment of the said Sum or Sums or any part thereof it is meant and intended by all and every the parties to these presents That the said J. F. and F. J. and the Survivor of them their or his Executors Administrators or Assigns shall enter and take the Possession of the Premisses and of every part and parcel thereof according to the limitation herein before expressed And the Rents Issues and Profits thereof shall employ and convert wholly for and towards the payment of the said several Sums of five hundred pounds apiece to the said younger Sons and Daughters or the Sum of two thousand pounds to be equally divided between them which of them shall become payable according to the true intent of these presents together with the Interest for all and every such Sum or Sums after the Rate of six pounds per Cent. for every year that the same shall be unpaid to be accounted from the end of the four years before mentioned for the forbearance of the said Sums or Sum or such part thereof as shall be unpaid as aforesaid And it is likewise meant intended and agreed That after the said Sums or Sum of Mony with Interest for the forbearance thereof shall be fully and truly paid unto the said younger Sons and Daughters They the said J. F. and F. J. their Executors Administrators and Assigns shall yield and deliver up the Premisses and all their Estate and Interest therein to such person and persons to whom the same next and immediately after the expiration of the said Term by the true intent and meaning of these presents shall appertain persuant to the trust in them and every of them herein and hereby reposed A Limitation of an use to such Persons to whom Cestuy que use for Life shall demise the Premisses TO the use of the said R. C. for and during the Term of his natural Life and from and after the decease of the said R. C. as to such part of the premisses as shall be by the said R. C. by any Deed or Deeds by him duly executed during his Life demised or leased to any person or persons whatsoever for and during the Term of one and twenty years or under or for and during the Term of one two or three Lives To the use of such Farmers or Tenants respectively for and during their said several and respective Terms and Interests under the Reservations Covenants Provisoes and Conditions in such Demise or Lease Demises or Leases to be continued and from and after the end and determination of the said several Terms and Interests as the same shall severally and respectively end and determine to the use and behoof of the Heirs of the Body of the said R. C. and for want of such Issue to the use and behoof of the right Heirs of said R. C. for ever And as to such part of the Premisses as shall not be so demised or leased by the said R. C. at the time of his death to the use and behoof of the Heirs of the Body of the said R. C. and for want of such Issue to the use and behoof of the right Heirs of the said R. C. for ever How to dispose of Portions if the Daughters die AND upon this further trust and confidence And to the intent and purpose That if it shal happen the said R. C. to die having one only Daughter of his Body on the Body of the said B. begotten then living or afterwards to be born as aforesaid and that the said only Daughter shall happen to depart this life before she shall accomplish the Age of 18 years or be married or if there happen to be two or more Daughters of the Body of the said R. C. on the Body of the said B. begotten then living Then if both or all the said Daughters shall happen to die or depart this life before either or any of them accomplish their several Ages of 18 years or be married as aforesaid That then the several Sum or Sums of Mony intended for their portions and advancement of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levied out of the Rents Issues and Profits of all or any the Premisses all charges and expences defraied wherein a full and liberal allowance shall be made and given shall be satisfied and paid to such person or persons as the said R. C. by any Writing under his Hand and Seal subscribed by two or more credible Witnesses or by his last Will and Testament to be subscribed as aforesaid shall limit and appoint And in default of any such limitation or appointment to the Executors or Administrators of the said R. C. For Maintenance till Portions shall be paid AND upon further trust and confidence And to the end intent and purpose That the said J. F. and F. J. and the Survivor of them their and his Executors and Assigns shall and may out of the Rents Issues and Profits of the said Lands c. so to them limited for the raising of Portions as aforesaid with all and every the appurtenances levy and pay or cause to be levied and paid to and for the maintenance of such Daughter or Daughters as aforesaid If there be but one Daughter the Sum of 30 l. per annum and if there be two or more Daughters the Sum of 20 l. per annum apiece until such Daughter or Daughters respectively shall attain to her or their Age of 18 years or shall be married and her or their Portions be paid as aforesaid A Revocation of a Suit TO All c. I F. J. send Greeting Whereas an Action has been brought in my name at the Common Law against R. C. or a Bond wherein the said R. C. became bound unto me in the Sum of 20 l. on the c. as by the said Bond or Obligation c. Now know ye that I the said F. J. of hereby revoke and withdraw the said Action and Suit brought against the said R. C. upon the said Obligation and all Proceedings thereupon had in my name And do also countermand all Letters of Atturny and other Authorities whatsoever by me heretofore made or given to any person or persons for the Prosecution of any Action or Suit upon the said Bond And do also signifie and declare that my intent and will is that no Action shall at any time hereafter be brought or
Licensed Jan. 16. 1694 5. The Scrivener's Guide BEING Choice and Approved Forms OF PRESIDENTS OF All Sorts of Business now in use and practice in a much better Method than any yet Printed being useful for all Gentlemen but chiefly for those who practise the Law viz. Assignments Articles of Agreement Acquittances Bargains and Sale Bills Conditions Copartnerships Covenants Deeds Defeazances Grants Joyntures Indentures Letters of Attorny Licenses Obligations Provisoes Presidents for Parish Business Releases Revocations Wills Warrants of Attorny c. By Nicholas Covert one of the Attornies of the Court of Common-Pleas The Second Edition corrected by the Author with many Additions made by him LONDON Printed by the Assigns of Richard and Edward Atkins Esquires for Charles Harper at the Flower de Luce over against St. Dunstans-Church in Fleetstreet 1700. TO THE READER THAT a New Book of this kind should come forth after so many already extant some may wonder who do not consider that Presidents grow Obsolete and New ones are made according to new Laws or as the Notions of Men become more refined Of the First Sort is a Bargain and Sale of Goods distrained for Rent pag. 329. which with the Notes thereupon are a good direction how to proceed upon the late Act impowring Land-Lords to sell Distresses for Rent c. Of the Second Sort are many never before Extant and whereof every one is manifold more worth than the Price of the whole Book These Presidents being collected only for private Vse without any design of being made publick have most of them been lately executed and undergone the Inspection and Perusal of Counsel learned in the Law They are not all placed in Alphabetical Order there being no need of such placing of them because there is put before them an exact Table of what is contained in the Book The first Impression hereof having met with so kind a Reception and been so well approved of by the Ingenious that it was sold in a short time hath encouraged the Author for the publick Good to make an Addition of several very useful Presidents of both sorts to this second Edition never before Published whereby the said Book is rendred much more useful and beneficial to the Candid and Ingenious Reader which is the sole end and design of the Author N. C. THE TABLE Agreements Articles and Indentures of Covenants ARticles upon Purchase of Lands in Fee-simple Page 1 Covenants to make Assurance of Lands 240 The like with Covenants to pay the Charges which the Bargainee shall be at in ejecting the Tenant in possession 30 Covenants between a Mortgagee and a Purchaser of the Redemption That the Mortgagee shall assign upon payment of the Mortgage Mony 26 Covenants to convey Land in Consideration of Five shillings in hand and residue to be paid at a day to come without obliging the Buyer to pay So that if he fails in payment he may not pretend to have any Equity afterwards 431 Indenture of Covenants upon Contract for purchase of a Copyhold where part of the Purchase Mony is paid and the Purchaser is to be at liberty to proceed in the Purchase or not 34 Covenants upon purchasing the Equity of Redemption of Copyhold-Lands mortgaged 36 A Declaration of Trust upon admitting two Lives into a Copyhold with necessary Covenants 28 Articles for securing 1000 l. and paying Interest to two persons until Lands can be purchased to the same uses 19 Articles of Agreement on a Marriage concerning Settlement of Lands 16 Articles for dividing the Rent and avoiding Survivorship between Jointenants of Lease Land 3 Articles between a Country Trader and a London Factor 10 Articles of Agreement between Creditors and the Widow of a Debtor concerning Administration and paying Debts 12 Articles for dividing some Corn between two Partners in Husbandry 39 Articles between Jointenants concerning cutting Corn and dividing it in the Field 41 For Building a new House and taking down an old one there 6 Covenants for Repairing the Steeple of a Church 44 Articles between a Merchant and his Apprentice's Father c. 7 Agreement of Tenants of a Mannor about ploughing a Common Field 32 Covenants for saving harmless a Bishop in refusing to admit an unfit person to a Vicarage 37 Covenants for delivery of Wheat sold by two Bushels weekly 43 Such necessary Articles of Agreement between four Joint-Executors as ought to be made between them for the better execution of the Testator's Will 23 An Agreement of Copartnership between two Sales-men with necessary Covenants 46 Covenants about assigning a Stock in the East-India Company 22 An Agreement of Composition for Debts 24 An Agreement of Creditors to accept their Debts at Four payments abating Interest 364 For Covenants to levy Fines and suffer Recoveries See Fines and Recoveries An Indenture of Copartnership between Four for Affairs domestick and foreign with necessary Covenants 293 An Indenture on Separation of Copartners 313 An Indenture where two Apprentices having taken their Master's Shop Covenant with his Executors to gather in his Debts 317 See Bonds with Conditions which may easily be turned into Covenants Acquittances and Releases of Personal things and to barr and extinguish Rights in Lands A General Release of all Demands 62 Mutual General Releases by Indenture 68 A Release of Errors in a Judgment 63 A General Release of Errors 63 A Release of an Annuity 65 A Release of Title to Lands 64 An Acquittance and Release of an Extent by an Administratrix 66 A Release to a Sheriff for discharging a Prisoner 67 The like in a better Form 67 A short Release of the Equity of Redemption in a Term for years mortgaged 68 An Acquittance in part of Purchase Mony 168 A Release of Dower with Covenants not to sue for Dower 245 A Release from the Overseers of the Poor to one who paid 20 l. to be freed from the keeping a Bastard Child 286 Apprentiship Writings relating thereunto Articles between a Merchant and his Apprentice's Father 7 An Indenture where two Apprentices having taken their Master's Shop Covenant with his Executors to gather in his Debts 317 Assigment of an Apprentice 160 Indenture of an Apprentice put out by the Parish 287 A Discharge of an Apprentice with a General Release to him 362 Annuities granted and assigned with Grants of a next Avoidance of a Parsonage c. A short Assignment of an Annuity 162 A Grant of an Annuity or Rent for years 383 A Grant of the Moiety of an Annuity during Life 145 A Grant of a next Avoidance of a Rectory 149 The like of a Vicarage with necessary Covenants 150 Assignments of Leases or Terms for years An Assignment of several Leases to two Assignees made Tenants in Common and not Joint-tenants 414 An Assignment of a Mortgagee by a Term for years 157 An Assignment of a Lease for years 161 A Covenant to produce Writings for defence of the Title 242 Assignment of uncertain Terms as Lands extended upon Iudgments Recognizances c. An
Heir 140 A Release of Dower 245 Examinations Hue and Cry and Warrants upon Robberies and Felonies THe Examination of a Person robbed on the Highway 289 The Examination of a Person robbed by Three Men one of whom he knew 290 A Warrant for a Hue and Cry after a Felon 291 A Warrant to Search for one who hath stolen a Gelding 292 Exchange A Deed of Exchange between a Vicar and another for Land of the Vicarage Glebe 209 Deed of Covenant for levying Fines and declaring Vses thereof A Covenant for a Fine to be levied by Husband and Wife 221 For levying a Fine a Covenant in a shorter Form 222 Covenant to levy a Fine by several persons having separate Interests 223 Covenant to levy a Fine in a Court of ancient Demesn 224 Covenant to levy a Fine with a render of an Estate for years 225 Covenant to levy a Fine with a render of Rent 226 Covenant to levy a Fine Sur concessit for years 227 Covenant to levy a Fine and suffer a Recovery with double Voucher 228 The Introduction of the uses of a Fine to be levied 341 The Introduction of the uses of a Fine levied 343 The Introduction of the uses in a Feoffment 349 The like in a Release 350 Gift A Deed of Free Gift of all Goods and Chattels 173 Grants of Annuities Rents Reversions Stewardship Next Avoidance A Grant of an Annuity or Rent for years 383 A Grant of a Rent reserved by Lease 136 A Grant of a Rent-Charge 137 A Grant of a Reversion 139 A Grant of the Moiety of an Annuity during life 145 A Grant of a Stewardship of a Mannor during pleasure 148 A Grant of Next avoidance of a Rectory 149 A Grant of Next avoidance of a Vicarge with necessary Covenants 150 Hue and Cry 291 A Warrant to Search for one who has Stolen a Gelding 292 Ioyntures A Joynture before Marriage and Settlement of several parcels to several uses with Proviso for Daughters and younger Sons and that the Tenant for Life may make Leases for 21 years at rack Rents 184 A Joynture by Covenant to stand seized with Covenants to Marry and for payment of Marriage Portions and other Special Covenants 271 A Settlement by Lease and Release in Consideration of a Marriage intended of Lands which the Husband hath in Reversion after a Tenant for Life to the Wife for her Joynture with an Entail to the Sons and Daughters between them 331 A Proviso to make void the Use limited to the Wife if she go about to depart with her Estate 250 Proviso for preserving the Estate to Children en Ventre sa Mere 252 Proviso That the Husband being Tenant for Life may make a Joynture to any other Wife if the present should die 253 Proviso That a Tenant for Life may make a Joynture if he should Marry 254 390 Another To settle a Rent for a Joynture 255 Several Provisoes which may be in Ioyntures See in Voluntary Settlements of Estates Proviso That an Estate for years limited to Trustees shall be void after Daughters Portions paid 261 Proviso That if other Lands be conveyed in lieu of those limited then the Use in them to be to another 262 Proviso To make void an Estate if the Son marry without the Father's Consent 263 Proviso That the Joynture shall be void if the Wife claim Dower 336 Limitation to the Husband for Life and after to the Wife for a Joynture 352 355 Joynture after Marriage 392 Provision for a Separate Maintenance 195 Leases A Leases for Years by Fine Sur Concessit 218 A Lease of divers Houses Lands c. with several Exceptions Reservations of Rent Proviso and Covenants by which any Lease as occasion is may be drawn 417 Licenses A Licence to lett Lands though prohibited by Lease 198 A Licence to hawk hunt and fish 199 A Letter of Licence from a Creditor to a Debtor 200 An Agreement or Letter of Composition for Debts 201 A Letter of Licence from Creditors to an Administrator and Composition made 202 A Licence for a Debtor to come from beyond Sea into England and stay six Months 205 A Licence for a Petty Chapman 206 A Licence or Pass for a Poor Man to go to his Friends 206 A Licence to Travel by Water on the Lords-day 207 A Licence to Travel on the Lords day 208 A Licence for a Badger of Corn 208 Limitation of Vses Limitation of Estates to the Husband and Wife for their Lives without impeachment of Waste during life of the Husband 351 To the Husband for Life and after to the Wife for Joynture 352 A Limitation of an Estate for years determinable upon a Life 353 Limitation in Tail to the Brothers of the Feoffee 354 Limitation of a Use in Fee determinable upon the Marriage and then to other Uses 355 Limitation of Uses with direction for disposing the Profits during the Heirs Minority 355 Limitation after an Estate for Life determined to the use of the Feoffee for 16 year for assuring payment of Portions to younger Children 357 Limitation of Use to such as Cestuy que use for Life shall Devise the Premisses 360 How to dispose of Portions if Daughters dye ibid. Use for for Maintenance until Portions shall be paid 361 See Vses of Fines and Recoveries and Settlements of Estates Livery c. Livery and Seisin by Feoffor to Feoffee in person 410 Livery by Attorney named in the Deed ibid. Another of the like ibid. Another when the Letter of Attorney is in a several Deed 411 Livery and Attornment together 413 Marriage Agreements and Writings in pursuance thereof A Bond to leave a Wife worth an Hundred pounds 98 A Bond to pay Mony at Marriage or Death 99 A Bond that a Wife may make a Will 103 A Bond to leave two parts in three of Lands and Goods to a Wife 107 A Bond that the Husband shall not sell a House and Goods of the Wife before Marriage during the Coverture and to leave the same discharged of Incumbrances if the Wife Miscellanies Assignment of an Apprentice 160 Agreement of Composition for Debts 24 A Deed to revoke Uses in a Settlement according to a Power reserved 174 A Declaration by a Wife concerning the disposing a Sum of Mony according to a Power reserved before Marriage 176 A Protection by a Member of Parliament 183 A Warrant to Summon a Copyhold Court 168 A Bill of Credit 169 A Revoation of a Suit 362 A Discharge of an Apprentice with a General Release to him ibid. A Certificate into the Exchequer where neither the Person nor any Distress can be found for levying the Tax on his Office according to the Act of 4 s per Pound 4 W. M. 61 Scriptum admissionis Capellani Proceris 330 Several Forms of expressing the Considerations of a Conveyance or setling of Estates 337 338 339 340 Preservation of Contingent Uses in case the particular Estate determine before they come in Esse 188 The Form of Covenants severally and
Male the said several Fines and Recoveries c. covenanted or mentioned to be had levied acknowledged or suffered of the said Premisses as aforesaid shall be and shall be adjudged construed and taken to be and also that they the said R. C. and C. R. the Recoverors Conizees or Feoffees and their Heirs and the Heirs of the Survivor of them shall stand continue and be seized of all and singular the c. or of or in so much of the said c. whereof or wherein every or any such Son or Sons or Issue Male so to be born should or ought by the true intent and meaning of the limitations or declarations of the use and uses aforesaid or any of them after the death of his or their Father to have had any Estate or use in the same if such Son or Sons or Issue Male had been born in the life-time of his or their said Father to and for the use of every such Son or Sons or Issue Male so to be born as aforesaid And that of and under every such Estate Degree Order Course Quality Condition and Limitation in all and every respect and to all intents and purposes as if every such Son or Sons or Issues Male had been born in the life-time or lives of his or their said Father and with such Remainders and Limitations ever in use as is before in or by these Presents expressed A Proviso that the Husband being Tenant for life may make a Jointure to any other Wife if the present should die PRovided always and it is concluded and agreed by and between the said Parties to these Presents for them and their Heirs That if the said R. C. having an Estate for life with remainders over shall happen to overlive the said B. C. his now Wife and do after intend to marry again That then and from thenceforth it shall and may be lawful to and for the said R. C. at all times during his natural life to assign limit and appoint such and so much of the said Lands c. with the appurtenances as he the said R. C. shall think fit so that the same exceed not in the clear yearly Value the sum of 200 l. to and for the use of any Woman who shall fortune to be his lawful Wife at the time of his decease for and during the term of the natural life of such Wife for and in the name of her Jointure And that from and after such use and Limitation or appointment so to be made to or for any such Wife All and every said Assurances and Conveyances of the Premisses aforesaid so to be had made and executed as is aforesaid concerning such and so much thereof only whereof any such appointment or Limitation by virtue of this Proviso shall be so had or made shall be and enure And the said J. F. and F. J. Conusees or Feoffees and their Heirs and the Survivor and Survivors of them and his and their Heirs shall stand and be seized thereof to the use of such Wife for and during the term of the natural life according to the true intent and meaning of such Limitation and appointment any thing in these presents contained to the contrary thereof in any wise notwithstanding And after such Use or Estate ended or determined then to the use of every such person or persons and in such manner and form and with such Remainders over uses and limitations and under all and every such Conditions and Provisoes as the same should have been if no such Limitation or appointment had been made Or thus And after the end or determination of such Estate to the use of such person or persons to whom the same ought to remain by the true intent and meaning of these Presents A Proviso for a Tenant for life to make a Jointure if he should marry PRovided always and it is hereby declared and agreed by and between all and every the Parties to these Presents And the true intent and meaning of them and these Presents is That for the better advancement and Preferment in Marriage of the said A. C. It shall and may be lawful to and for the said A. C. at any time or times during the term of his natural life by Indenture or by any Deed or Deeds Writing or Writings to be by him the said A. C. sealed and subscribed in the presence of two or more Credible Witnesses to declare limit or appoint all or any the said Mannors c. with the appurtenances to or for the Jointure of any Wife or Wives with whom the said A. C. shall hereafter intermarry for the life or lives of such Wife or Wives or for any number of years determinable upon her or their life or lives the same to take effect from and after the death of the said A. C. And then and so often and from thenceforth the said Recovery and Recoveries shall be and enure and the Recoveror and Recoverors therein named his and their Heirs of and in the said Mannors c. or of or in so much thereof of for or concerning which such Indenture Deed or Deeds Writing or Writings shall be made by the said A. C. as aforesaid for the Jointure of such Wife or Wives shall stand and be seized to the use of such Wife or Wives for and during the life of such Wife or Wives according to the intent and meaning of the said Indenture Deed or Writing and according to the true intent and meaning of these Presents And after c. Another to settle a Rent for a Jointure PRovided always and it is the true intent and meaning of these presents and of all and every the parties hereunto That it shall and may be lawful to and for the said R. C. by Writing or Writings sealed with his Seal and subscribed by him and duly Executed in the presence of three Witnesses at the least to give grant limit or appoint to or for the use of every or any Woman that is or shall be hereafter his lawful Wife one annual or yearly Rent not exceeding the sum of 200 l. to be issuing and going out of the said Mannor Lands c. or any part of them or either of them so to be conveyed and assured as aforesaid To have and to hold the said annual or yearly Rent to any or every such Woman for term of her natural life for and in the name of her Jointure the same to be paid at the Feast of c. yearly by even and equal portions The first payment thereof to begin at such of the said Feasts as shall next happen after the decease of the said R. C. And that then and from thenceforth the said Fine or Fines shall be and enure and the said J. F. and F. J. and their Heirs shall stand and be seized of and in the said c. so to be charged as aforesaid to the use intent and purpose as aforesaid And that every such Wife or Wives to whom
not joyntly 247 248 Mortgages A Mortgage by Bargain and Sale of all Goods and Chattels real and personal to save harmless a Surety 171 Proviso of a Mortgage to save harmless a Surety from all Engagements for the Mortgagor 249 A Mortgage by Demise partly for Mony lent and partly for Security of the Mortgagee being Surety for other Debts of the Mortgagor 364 Deeds relating to Mortgages Covenants between a Mortgagee and a Purchaser of the Redemption that that Mortgagee shall assign upon payment of the Mortgage Money 26 Covenants upon purchasing the Equity of Redemption of Copyhold Lands mortgaged 36 An assignment of a Mortgage of a Term for years 157 Parish Business A Warrant for the Overseers of the Poor to name other fit Persons 277 A Warrant for making new Overseers of the Poor ibid. A Warrant to make Overseers of the Poor impowering them and the Churchwardens to collect and distrain for the Poor Tax 278 A Confirmation of the Poor Tax with Warrant to levy it on Defaulters 279 A Warrant to levy the Arrears due to the Parish by the former Overseers account ibid. A Warrant to distrain for the Poor Tax 280 A Mittimus of one attached by his Body for want of a Distress for a Poor Tax 281 A Warrant to remove out of a Parish one lately come thither and likely to be chargable 282 A Warrant to send a Wife and Child to her Husband 283 A Warrant for apprehending one for returning to the Parish from whence he was removed 284 A Warrant to pay Arrears and continue weekly Relief to Poor persons 285 A Bond and Condition to the Churchwardens and Overseers to save a Parish harmless upon inhabiting there ibid. An Indenture of an Apprentice put out by the Parish 287 A Release to one who paid 20 l. to be freed from keeping a Bastard Child 286 Partition AN Indenture of Partition of Lands between Tenants in Common who have several Interests in divers respects 214 An Agreement of Tenants of a Mannor about their proportions in a Common Field 32 About Partnership Articles for dividing the Rent and avoiding between Joint-tenants of Lease Lands 3 Articles for dividing Corn between two Partners in Husbandry 39 Articles between Joint-tenants concerning cutting Corn and dividing it in the Field 41 An Agreement of Partnership between two Salesmen with necessary Covenants 46 Necessary Covenants between Joint Executors 23 An Indenture of Partnership between four for affairs Domestick and Foreign with necessary Covenants 293 An Indenture on separation of Copartnership 313 A Proxy appointing a Proctor in an Ecclesiastical Court to procure a Guardian to be admitted for an Infant to Sue an Administrator for a Dividend 69 Protection by Member a of Parliament 183 A Revocation of a Protection 184 Purchases Articles and Covenants thereof Articles upon Purchase of Lands in Fee-simple 1 Covenants to make Assurance of Lands 240 The like with Covenants to pay the Charges which the Bargainee shall be at in Ejecting the Tenant in Possession 30 Covenants between a Mortgagee and a Purchaser of the Redemption that the Mortgagee shall assign upon payment of the Mortgage Mony 26 Covenants to convey Lands in consideration of 5 s. in Hand and residue to be paid at a day to come without obliging the Buyer to pay 431 Indenture of Covenants upon contract for Purchase of a Copyhold where part of the purchase Mony is paid and the Purchaser is to be at liberty to proceed in the purchase or not 34 Covenants upon purchasing the equity of redemption of Copyhold Lands mortgaged 36 Articles for securing 1000 l. and paying Interest to two persons until Lands can be purchased to the same uses 19 Covenants to make Assurance of Lands by Recovery or otherwise 240 Deeds of Covenant to suffer Recoveries and declaring uses thereof TO Levy a Fine and suffer Recovery with double Voucher 228 To suffer a Recovery with double Voucher The Tenant to the Precipe being already made by Deed 230 A Bargain and Sale to make a Tenant to the Precipe for a Common Recovery 232 A Covenant to suffer a Recovery with a Recital of the Bargain and Sale whereby a Tenant to the Precipe was made 232 A Covenant to suffer a Recovery with double Voucher by several Writs of Lands in several Counties 233 Covenant to suffer Recovery with single Voucher 235 Another for the like shorter 236 Covenant that a Husband and his Wife being Tenants for Life of the Wife and he in Reversion shall suffer a Recovery in London 237 Covenant to make a Tenant to the Precipe and suffer a Recovery with double Voucher London ibid. Covenant to suffer a Recovery in a Court-Baron 239 Covenant to make assurance of Lands by recovery or otherwise 240 The Introduction of the Uses of a Recovery to be had with double Voucher 343 The like of a Recovery with single Voucher 347 The like of a Recovery already suffered 346 The like of a Recovery with single Voucher already had 348 Releases vide Acquittances A Grant of the Stewardship of a Mannor during Pleasure 148 Settlements of Estates A Conveyance or Settlement of Lands to the Feoffor for Life with Remainder to his Heirs and appointment of the profits during Minority to pay Debts 385 Settlement by Fine to the use the Cognizor his Wife and Children 388 A Settlement by Fine and Recovery to the use of the Cognizor and his Wife for Life in lieu of a Jointure with Remainder to Trustees for ten years to pay Debts and Legacies and afterwards to the right Heirs of Cognizor 392 Settlement to Feoffor for Life Remainder to Feoffee for 16 years to assure Portions to younger Children 357 Tenant by Courtesie of part and of other part in Fee with the Son Reversioner in Fee by Fine and Recovery settle to the Father for Life Remainder to Son with divers Limitations in Tail and a power to make Leases for raising Daughters Portions and 1500 l. for a second Son 396 A way to preserve contingent Uses in case the particular Estate determine before they come in Esse 404 A Conveyance or Settlement whereby a Man settles an Estate on himself and divers Estates for Life and in Tail by Covenant to stand seized 408 Forms of expressing the consideration of Settlements 337 338 339 349 Settlement be Lease and Release to uses 349 350 Limitations of Estates for Life 351 Limitation of an Estate for years determinable upon a Life 353 Limitation in tail to the Brothers of the Feoffor 354 Limitation of uses and direction of the profits during the Heirs Minority 355 Proviso to revoke and limt new uses 264 265 Another with exception of Leases made 266 A Proviso to make void an Estate if the Son Marry without the Fathers consent 263 A Proviso to make void the use limited to the Wife if she go about to depart with her Estate 250 A Proviso for preserving the Estate to Children in Ventre sa Mere 252 A Proviso that the Husband being Tenant
R. C. his Executors Administrators or Assigns or some or one of them the said sum of 500 l. of lawful Mony of England being the remainder or residue of the said sum of 1500 l. before specified on the several days of payment hereafter mentioned and in manner and form following viz. the sum of 100 l. of lawful Mony of England on or before the 10th day of December next ensuing the date of these Presents and the sum of 200 l. of like Mony on or upon the 10th day of June which shall be in year of our Lord 1694. and the further sum of 200 l. on or before the c. being the residue of the said sum of 500 l. That then and from thenceforth this present Deed of Bargain and Sale and every Matter and Thing therein contained shall be void and of none effect and that then and from thenceforth it shall and may be lawful to and for the said R. C. his Heirs or Assigns into the said Premisses with the appurtenances to re-enter and the same to have again retain repossess and enjoy as in his or their former Estate any thing herein contained to the contrary notwithstanding A Proviso that an Estate shall be void in discharge of a Surety PRovided always and upon condition That if the said R. C. his Executors or Administrators shall and do well and truly content satisfie and pay or cause to be contented satisfied and paid all and every such sum and sums of Mony which the said C. R. as Surety and together with and for the said R. C. is and standeth bound to pay to any person or persons whatsoever either by Obligation Bill Specialty Promise or otherwise howsoever according to the intent and true meaning of such Specialties and Ingagements and shall and do at all times hereafter well and sufficiently discharge and save and keep harmless and indempnified the said C. R. his Executors and Administrators and his and their Bodies Goods Chattels Lands and Tenements and every of them of and from the said Suretiship That then and from thenceforth this present Deed and every Matter and Thing therein contained shall be void and of none effect And that then and from thenceforth it shall and may be lawful to and for the said R. C. his Heirs or Assigns into the said Premisses with the appurtenances wholly to re-enter and the same to have again re-possess and enjoy as in his or their former Estate any thing herein to the contrary notwithstanding A Proviso to make void the use limited to the Wife if she go about depart with her Estate PRovided always nevertheless and it is agreed by and between the said Parties That if it shall fortune that the said R. C. shall at any time hereafter during the life of the said A. C. be fully resolved and determined jointly with the said A. C. or otherwise by any ways or means directly or indirectly to levy any Fine or suffer any Recovery or do or assent to do any act or thing by matter of Record or otherwise whereby the Estate before limited of and in the Premisses to her the said R. C. for term of life or any lesser Estate derived out of her said Estate of and in the said Capital Messuage c. or any part or parcel thereof shall or may pass or be altered taken away charged incumbred or divested out of or from the said R. C. And shall attempt or go about to put in use any such perfect and full resolution and determination That then and immediately after such attempt or going about the said Use and Estate for Life of and in the Premisses before limited and appointed to the said R. C. as touching all the said Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made shall cease and be void as touching and concerning the said R. C. And that then and from thenceforth the said Fine and Recovery Conveyance and Conveyances to be had and made to the said J. F. and F. J. and to their Heirs or the Heirs of the Survivor of them after the said Estate for Life so limited and appointed to the said R. C. ended and determined shall be and the said J. F. and F. J. and their Heirs and the Heirs of either of them shall stand and be seized of and in all the said Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made To the use and behoof of C. C. Son and Heir Apparent of the said A. C. and of D. C. second Son of the said A. C. and their Heirs for and during the natural life of the said R. C. to the end intent and purpose that they the said C. C. and D. C. and the Survivor of them or the Heirs of the Survivor of them after the decease of the said A. C. in case the said R. C. shall happen to over-live the said A.C. shall or may grant over their Estates to the said R. C. in the Premisses within two Months after the decease of the said A. C. And that after the decease of the said A. C. and the said R. C. Then the said Fine and Recovery and other Assurances shall be and remain as to the said Messuage c. to the uses and behoofs before in and by these Presents limited and appointed to begin and take place after the decease of the said A. C. and R. his wife A Proviso for preserving the Estate to Children en ventre sa mere PRovided always and it is fully concluded condescended unto granted and agreed by and between all the said parties to these Presents for them and every of them and for their and every of their Heirs and the true intent and meaning of these Presents is notwithstanding any limitation of the use and uses aforesaid That if it shall hereafter happen the said J. F. C. F. B. F. E. F. and D. F. Sons of the said R. F. or any of them or any of the Issue Male of the several Bodies of them or any of them inheritable or which shall be inheritable of or to the Premisses before-mentioned by force of these Presents and of the uses before limited and expressed or of or to any part or parcel thereof to die and depart this Life the Wife of them or any of them being with Child or conceived with Child at or before the time of his or their death or with any such Son or Sons or Issue Male as by the true intent and meaning of these Presents or of any the limitations or declarations of the use or uses aforesaid should or ought after the decease of his or their Father to have had any Estate or use of or in the Premisses or any part thereof if such Son or Sons or Issue Male had been born in the life-time of his or their Father That then and from and after the birth of every such Son or Sons or Issue
after the death of the said J. F. shall or may have in any the c. whereof the said J. F. shall during the Coverture between him the said M. C. be seized of any Estate of Inheritance and for the advancement of the said M. C. and of the Heirs Males of the Body of the said J. F. upon the Body of the said M. C. lawfully to be begotten And for divers other good Causes and Considerations him the said J. F. thereunto moving doth for him and his Heirs covenant and grant to and with the said R. C. his Heirs Executors and Administrators in manner and form following that is to say That he the said J. F. and his Heirs and all and every person and persons and his and their Heirs which now stand and be seised of and in all that c. and of and in every part and parcel thereof shall from and after the said Intermarriage stand and be seised of all and singular the said c. with the Appurtenances to the only uses and intents hereafter in and by these presents expressed limited and declared and to no other use intent or purpose whatsoever that is to say To the only use and behoof of the said J. F. and his Heirs until the said Marriage And from and after the said Marriage had then to the use and behoof of the said J. F. and M. for and during the terms of the natural Lives of them the said J. F. and M. and of the longer Liver of them And from and after the decease of the Survivor of the said J. F. and M. to the use and behoof of the Heirs Male of the Body of the said J. F. upon the Body of the said M. lawfully to be begotten And for default of such Issue to the use and behoof of the right Heirs of the said J. F. for ever And the said R. C. doth for himself his Executors Administrators and Assigns covenant grant and agree to and with the said J. F. his Executors and Administrators by these presents That in case the said Marriage between the said J. F. and the said M. C. Daughter of the said R. C. do take effect and be solempnized at or before the said Feast of c. herein before-mentioned he the said R. C. his Executors or Adminstrators shall and will within six Months after the said Marriage had and solempnized pay or cause to be paid unto the said J. F. his Executors or Administrators as the Marriage Portion of the said M. the sum of 2000 l. of lawful Mony of England at or in the now dwelling House of the said J. F. situate c. And the said R. C. also for himself doth covenant and grant to and with the said J. F. his Executors and Administrators by these presents That in case the said Marriage shall take effect according to the true meaning of these presents That then the said R. C. shall and will well and sufficiently maintain provide for find keep and sustain the said J. F. and M. his Wife and all the Issue of their two Bodies begotten from time to time and at all times immediately from and after the said Marriage between the said J. F. and M. so to be had and solempnized as aforesaid during the natural life of him the said R. C. with sufficient and convenient Meat Drink Lodging and Houseroom according and suitable to their Quality and Degree And farther That the said R. C. shall and will either in the life-time of the said R. C. or by his last Will and Testament leave give devise and assure or cause to be well and truly contented and paid unto the said J. F. or to the said M. in case she shall survive the said J. F. or to the Children or Child to be begotten between them in case the said J. F. and M. shall both happen to die in the life time of the said R. C. to be Equally divided between them the sum of 1000 l. of lawful Mony of England over and beside the sum of 2000 l. herein before-mentioned to be paid to the said J.F. as and for a Marriage Portion with the said M. to be paid within two years after the decease of the said R. C. in case the same shall not be paid or satisfied in his life-time And the said J. F. doth for himself his Executors Administrators and Assigns covenant promise grant conclude and agree to and with the said R. C. his Executors and Assigns by these presents That if the Marriage between him the said J. F. and the said M. shall take effect and be had as aforesaid and if the said M. shall happen to survive and outlive him the said J. F. and shall at any time after the decease of the said J. F. be lawfully evicted or put out of or from the said c. limited to her as aforesaid for her Jointure or any part or parcel thereof That then the Executors or Administrators of the said J. F. shall well and truly pay or cause to be paid unto the said M. so much lawful Mony of England for the said premisses or part thereof being so evicted from the said M. as aforesaid as the same shall Amount unto at Rate of seven years purchase for and according to the yearly Value of the same within six Months after such eviction And the said J. F. further for himself his Executors and Administrators doth covenant and grant to and with said R. C. his Executors and Administrators by these presents That in case the said M. shall happen to depart this life within two years after the said Marriage had and solemnized as aforesaid without having any Issue of her Body lawfully begotten by the said J. F. then living That then and in such case the said J. F. his Executors or Administrators shall and will for and in respect of the said sum of 2000 l. of lawful Mony of England by him received as aforesaid as the Marriage Portion of the said M. repay and satissfie or cause to be repaid and satisfied unto the said R. C. the sum of 1000 l. of lawful Mony of England at one entire payment within four Months next after the decease of the said M. And it it is further covenanted granted concluded and agreed by the said J. F. for himself his Executors and Administrators That if the said Marriage shall take effect and if the said M. shall outlive the said J. F. and after his decease shall agree to and refuse to accept of the said c. hereby setled on her as aforesaid for and in the name of her Jointure and shall commence or sue any Action at law for any Lands Tenements or Hereditaments which are the Inheritance of the said J. F. during the covertue between them for her Dower or upon her Title of Dower That then and from thenceforth f●om and after the commencement of such Action or Actions Suit or Suits the Uses and Estates herein before limited shall cease
Witnesses at the least give limit ordain and appoint And from and after the end expiration surrender or other determination of the said term or terms of ten year And as they shall severally end and determine to the use and behoof of such person and persons and for such Estate and Estates as the said J. F. shall by his last Will and Testament in Writing in the presence of three Credible Witnesses or more limit appoint and declare and in default of such limitation appointment or declaration to the use and behoof of c. Provided always c. here may follow a power in J. F. to make Leases c. reserving the accustomed Rent c. J. F. being a Tenant in Fee and by Curtesie of Lands c. the Reversion of part thereof to P. F. his Son J. F. and P. covenant to levy a Fine and Recovery to the use of himself and Son for Life with divers Limitations in Tail and power in P. F. to make Leases for Portions for his Daughters and also 1500 l. to be paid to S. F. the second Son of J. F. c. THIS Indenture Tripartite made c. between J. F. of c. and P. F. Son and Heir Apparent of the said J. F. and R. F. deceased late Wife of the said J. F. and sole Daughter and Heir of E. D. of c. deceased of the first part R. C. and C. R. of the second part and C. D. and J. V. of the third part Whereas the said J. F. is seized in his Demesn as of Fee of some part of the Mannor Lands c. hereafter mentioned and is also seized for term of his Life as Tenant by the Curtesie of England of other the Mannors Messuages c. hereafter specified the Reversion whereof in Feesimple being descended by and after the decease of the said R. F. unto the said P. F. Now to the intent and purpose that the Mannors c. hereafter mentioned and expressed may be established vested and setled in and unto the said J. F. during the term of him Natural life and after his decease upon the said P. F. and upon his Name Stock and Posterity and to such other uses as are hereby appointed It is covenanted condescended concluded and fully agreed by and between the said parties to these presents And the said J. F. and P. F. do for themselves their Heirs Executors and Administrators covenant promise grant and agree to and with the said R. C. and C. R. their Heirs Executors and Administrators and to and with every of them by these presents That they the said J. F. and P. F. shall and will on this side and before the end of Hillary Term now next ensuing in due form of Law by one Fine with Proclamation to be levied before the Justices of our Sovereign Lord c. of his Majesty's Court of Common Pleas at Westminster between the said D. C. and J. V. Plaintiffs and the said J. F. and P. F. Deforceants recognize and acknowledge all those Mannors of A. B. C. and D. with the appurtenances lying and being in B. in the County of S. in which the said J. F. and P. F. or either of them have or heretofore had any Estate of Inheritance in possession or reversion or remainder with all and singular the appurtenances thereof by some name or names c. in the said Fine to be contained to be the right of the said D. C. as those which they the said D. C. and J. V. have of the gift of the said J. F. and P. F. and the same shall thereby remise and quit claim from the said J. F. and P. and theirs Heirs to the said D. C. and J. V. and to the Heirs of the said D. C. for ever And moreover shall by the s●id Fine warrant the said Mannors c. with the Appurtenances unto the said D. C. and J. V. and the Heirs of the said D. C. against them the said J. F. and P. F. and their Heirs for ever Which said Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged shall be and enure and shall be deemed adjudged esteemed reputed and taken to be and enure to the use of the said D. C. and J. V. and their Heirs to the end intent and purpose that they the said D. C. and J. V. may become perfect Tenants of the Freehold of the said Mannors c. whereby one or more perfect Common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following For which intent and purpose it is covenanted and agreed by and between the said parties to these presents That it shall and may be lawful to and for the said R. C. and C. R. to bring pursue and prosecute against them the said D. C. and J. V. one or more Writ or Writs of Entry sur disseizin en le post of and for the said Mannors c. with their and every of their Appurtenances whereby the said R. C. and C. R. shall demand the c. against them the said D. C. and J. V. to which Writ the said D. C. and J. V. shall appear personally or by Attorny and after defence made shall vouch to Warranty the said J. F. and P. F. who shall likewise appear and enter into the Warranty and vouch over the Common Vouchee who shall likewise appear and enter into the Warranty and after make default to the end that a perfect Common Recovery with double Voucher may be had and executed according to the course of Common Recoveries to be had and executed of the c. with the Appurtenances which said Recovery so as aforesaid or in any other manner to be had and all other Common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the decease of the said R. F. had made levied suffered acknowledged or executed or to be had made levied suffered acknowledged or executed by or between the said parties to these presents or any of them or whereunto they or any of them shall be parties of for and concerning the said c. or any of them or any part or parcel of them shall be and enure and shall be adjudged deemed reputed to be and enure to the uses behoofs intents and purposes and with upon and under such Proviso's Conditions Powers and Limitations as are hereafter on and by these presents mentioned declared limited and appointed that is to say for and concerning the said Mannor of A. and B. c. with the general words to the said P. F. for and during the Term of his Natural Life without impeachment of or for any manner of waste and with full power to do or commit waste And for and after the decease of the said P. E. to the use and behoof of the said J. F. for and during the Term of his Natural Life And from and after the decease of the said J. F. and P. F. to