Habendum t the grantee to de him tenant to the procovery may be

be

cipe, that a re

and

fuffered.

faid

premises, and every part and parcel thereof, and all the estate, right, title, intereft, inheritance, ufe, property, poffeffion, claim and demand, whatsoever of them the faid Humphrey Greg the elder, Humphrey Greg the younger, Arthur Green, and Peter Greg, or any, or either of them, of, in, or to the fame, or any part or parcel thereof, TO HAVE AND TO HOLD the faid meffuage or tenement, lands, hereditaments, and allan fingular other the premiffes mentioned to hereby granted and releafed, with their every of their appurtenances unto the Thomas Collin, his heirs and affigns, to the ufe of the faid Thomas Collin, his heirs and affigns for ever, to the end and intent that the faid Thomas Collin may become tenant of the freehold of the premiffes to him conveyed as aforefaid; fo that a good and perfect common recovery, with treble voucher, according to the course of common recoveries in fuch cases used, may be thereof had and fuffered, in fuch manner as hereinafter mentioned; to which end and purpose, it is hereby agreed and declared, that it fhall and may be lawful to and for the faid Nicholas Kent to fue forth and profecute out of his Majesty's High Court of Chancery one or more writ or writs of entry fur diffeizin en le poft, to be directed to the sheriff of the county of Salop, and to be returnable and returned in the Court of Common Pleas at Westminster, by which faid writ or writs fo to iffue out of the 4 U 3

faid

declared in con

faid Court of Chancery the faid Nicholas Kent fhall demand the faid meffuage or tenement, lands, hereditaments, and premiffes, mentioned to be hereby granted and releafed, against the faid Thomas Collin, by fuch names and defcriptions to afcertain the fame as fhall be thought fit and requifite in that behalf, to which faid writ and writs of entry fur diffeizin, the faid Thomas Collin fhall appear gratis, either in perfon or by attorney, and vouch to warranty the faid Humphrey Greg the younger, who fhall alfo appear gratis, either in perfon or by attorney, and enter into the warranty, and vouch over to warranty the said Humphrey Greg the elder, who fhall alfo appear gratis either in perfon or by attorney in the warranty, and vouch over to warranty the common vouchee of the faid Court of Common Pleas, who fhall likewife appear and plead; and after imparlance thall depart in contempt of the Court, and make default; and all and every other acts and things fhall be done and performed and executed, fo that a good and perfect common recovery, with treble voucher, according to the course of common recoveries, may be had, perfected, and fuffered, of the faid meffuages, tenements, lands, hereditaments, and premiffes, herein before mentioned to be hereby releafed, fome time before the end of the next Trinity term: AND IT 13

The ufes thereof HEREBY AGREED AND DECLARED by and be tween the parties to thefe prefents, and the true

firmation of the Arft fetrlement.

intent and meaning of them, and of these prefents are, that the faid common recovery fo agreed to be had and fuffered, after the fame fhall be had and fuffered and perfected as aforefaid, and the full force and execution thereof, and all and every other common recovery and common recoveries, fine and fines, conveyance and conveyances in the law whatfoever, at any time heretofore bad, made, fealed, acknowledged, levied, fuffered, and executed, of and concerning the faid meffuage or tenement, lands, hereditaments and premiffes hereinbefore mentioned to be hereby granted and releafed, or any part or parts thereof, by and between the parties to thefe prefents, or any of them, or whereunto they, or any of them, was, were, is, are, or fhall be parties or party, was, were, is, are, and fhall be, and enure, and fhall be adjudged, deemed, and taken to be, and enure to the use and behoof of the faid Humphrey Greg the younger, and his affigns, for and during the term of his natural life, without impeachment of, or for any manner of wafte, and from and after the determination of that estate, to the ufe and behoof of the faid Arthur Green and Peter Greg, and their heirs, during the life of the faid Humphrey Greg the younger, upon truft, to preferve the contingent ufes, eftates, and remainders hereinafter referred to from being defeated or deftroyed; and for that purpofe to make entries, or bring actions, as 4 U 4 occafion

occafion fhall require; but nevertheless to permit and fuffer the faid Humphrey Greg the younger, and his affigns, to receive and take the rents, iffues, and profits thereof, to his and their own ufe and benefit, during his natural life; and from and immediately after the decease of the faid Humphrey Greg the younger, then to, for, and upon, and subject to such and fo many of the uses, trufts, eftates, powers, provifoes, limitations, conditions, declarations, covenants, and agreements, in and by the indentures of leafe and release, and fettlement, of the fixth and feventh days of November last paft, hereinbefore recited, limited, created, mentioned, expreffed, provided, and declared of and concerning the feveral meffuages or tenements, lands and hereditaments, comprized and mentioned in the fame indenture, and herein expreffed, or intended to be hereby releafed and conveyed as aforefaid, as at the decease of the said Humphrey Greg the younger fhall be exifting, undetermined, or capable of taking effect, and to and for no other ufe, intent, or purpose whatsoever. In Witnefs, &c.

Mr. Booth is defired to give his opinion whether there is or is not a neceffity for this recovery.

I have perufed this draught which (fubject to the corrections and alterations which I have inferted) appears to be very well drawn; and I concur in opinion with the gentlemen who have advised this recovery; for there being other fons of the marriage betwixt Humphrey Greg, fenior, and

Ann

Ann Kea, befides Humphrey Greg, junior, I conceive an equitable eftate tail, under the articles of the 28th of December 17—, arife in the premises to Humphrey Greg, junior, with remainder in tail, to all other the fons of Humphrey Greg, fenior, by the faid Ann, with reverfion to the faid Humphrey Greg, fenior, in fee; and if any of the agents of the Darlin's family had notice of the faid articles of the 28th of December 17-, fuch fecond or other fon of the faid Humphrey Greg, fenior, and perhaps alfo the ijue male of Mr. Humphrey Greg, junior, might fet up the intail created by thofe articles against the uses of the fettlement of November last in favour of Mary the daughter of Mr. Darlin, and her iffue or younger children, and fo defeat fome of the provifions by that fettlement made for them. By fuffering the now intended recovery, in pursuance of the deed whereof this is to be a draught, that will be prevented, and the faid fettlement will be confirmed, whereas the cafe will be very hazardous, without, it being a rule that equitable eftates tail are only to be barred, by ufing and following the fame ways and methods for the barring and defeating the fame, as it would be requifite to use and follow for that purpose were they turned into legal eftates tail. This I think is very clear. James Booth.

A Release