1792. GOOD RIGHT v. RIGBY. " and contracted debts to the amount of 15,000 l. alfo reciting "the faid commiffion of bankrupt, and the faid affignment of "the real estate of the faid Richard Williams, to the faid John "Wood, Edward Mountney and Francis Salmon, and that it had "been propofed by and between the faid Richard Williams and "Sarah Williams on the one part, and the affignces under the "faid commiffion of bankrupt on the other part, that the feefimple and inheritance in poffeffion of the paternal estate of the "faid Richard Williams, should be abfolutely vested in the faid "affignees, in order that the fame, or a competent part thereof “might be fold, for raifing money to discharge the said debts " and incumbrances of the faid Richard Williams, and that the "furplus of the money arifing by any fuch fale, after dischargદ ing of the faid debts and incumbrances, fhould be laid out in "the purchase of lands or hereditaments in fee-fimple, and that "fuch lands and hereditaments fo to be purchafed, together with "fuch part of the faid fettled eftates as fhould not be fold, should "be fettled and limited to the ufes and for the purposes in the faid act "mentioned, and that a provision should be made out of the "other eftates comprised in the faid indenture quadripartite, "being the faid premises in the faid declaration mentioned, for "the maintenance, benefit, and fupport of the faid Sarah Wil"liams, and of any child or children that she might happen to "have by the faid Richard Williams, in such manner as is therein " mentioned, and that fubject to such alterations, for the benefit "of Sarah Williams, and the iffue of the faid marriage, in cafe "there fhould be any, the fame eftate fhould remain and be con"firmed to the uses, and for the purposes in the fame fettlement thereof "limited and declared, it was enacted, that all and every the meffuages, farms, lands, tenements, and hereditaments, being "the paternal eftate of the faid Richard Williams, which were "fo fettled as aforefaid, fhould from and after the first day of June 1748, be fettled upon and vefted in, and the fame were ་་ ་ thereby fettled upon and vefted in the faid John Wood, Edward "Mountney and Francis Salmon, their heirs and affigns, to the ufe of them their heirs and affigns for ever, freed and difcharged, and abfolutely acquitted, exempted, exonerated and in"demnified, of from and against all and every the ufes, estates, trufts, powers, provifoes and limitations, in and by the faid therein recited fettlements limited, created, provided and declared, for the benefit of the creditors, and payment of the "debts of the faid Richard Williams, and other purposes as there ་་ "in mentioned; And it was further enacted, that the faid faid indenture quadripartite were limited to her for life, "upon the trufts, and to and for the ends, intents and purposes "therein declared, of and concerning the fame, and which faid "term was determinable as in the faid act is mentioned: and "fubject to the said term of one hundred years, it was thereby "enacted and declared, that the faid manor and other the pre"miffes laft mentioned, which in and by the faid therein and "herein recited indenture quadripartite, were limited to the "faid Richard Williams for his life, and to take effect in poffef"fion, and in reverfion after the death of the faid Mary Burton respectively, and alfo all the effate and inheritance then vested "in the faid affignees, by virtue of and under the faid com"miffion of bankruptcy iffued against the faid Richard Williams "as aforefaid, of and in the fame premiffes, fhould fubject "to the said term of one hundred years, from and after the faid 66 66 first day of June 1748, be vefted in William Round, of Copthal"Court, London, and Gilbert Tedrell, of Lin.aln's Inn, in the county of Middlefex, gentleman, and their heirs, during the life of the faid Richard Williams, upon truft to pay, apply, and "difpofe of the rents, iffues and profits of the fame premiffes, "upon the fame trufts, and to and for the fame ufes, intents, "and purposes, as were thereinafter enacted and declared of and 66 con 66 1792. GOODRIGHT ❝ concerning the rents and profits of the faid manor and pre"miffes, during the faid term of one hundred years therein"before mentioned: and that from and after the determination "of the faid eftate, and subject to the faid term, the freehold "and inheritance of all the faid manor and premises during the "life of the faid Richard Williams, should be and remain to and "in the trustees to preferve contingent remainders named in "the faid indenture quadripartite and their heirs, during the "life of the faid Richard Williams, and after the decease of the "faid Richard Williams, the fame fhould be and remain to and "in the faid Sarah Williams, for the term of her natural life, with"out impeachment of waste, with fuch feveral remainders over, as are "limited of the faid last mentioned premifes, in the faid indenture quadripartite, to take effect after her decease, in fuch order, course, “and manner as the fame were thereby limited and appointed of and "concerning the fame premises; provided nevertheless, that nothing "in that act contained, fhould prejudice, impeach or defeat, any estate, use, truft, or interest, limited, created or declared, "in or by the faid recited fettlement of the 20th day of Decem"ber 1738, unto or for the benefit of the faid Mary Burton, her "heirs and affigns, and faving to the king's most excellent majefty, his heirs and fucceffors, and to all and every person and "perfons, bodies politic and corporate, his, her and their heirs, "fucceffors, executors, and adminiftrators, (other than and ex"cept the faid Richard Williams, and Sarah Williams his wife, "and the first and other fon and fons between them two begot"ten, or to be begotten, and the heirs male of the refpective "bodies of fuch fons, and the heirs male of the body of the "faid Richard Williams, and all and every the daughter and "daughters of the said Richard Williams, on the body of the "faid Sarah begotten, or to be begotten, and the heirs of the "body and bodies of fuch daughter and daughters, and the "heirs of the body of the faid Sarah Williams, and also the "trustees named in the faid recited fettlement of the 20th day "of December 178, to preferve the contingent remainders, and "to execute the trufts of the therein mentioned several terms of "fix hundred years and five hundred years, their respective heirs, "executors, adminiftrators and affigns, and all and every other "perfon and perfons, claiming any use, truft, eftate or intereft, by "virtue of and under the faid recited fettlement of the 20th day "of December 1738, and not mentioned to be faved by that "act,) all fuch estate, right, title, intereft, claim and demands, V. RIGBY 1792. Good RIGHT V. RIGBY, Henry Burton devised his real eftates to Michael Burton. "of, in, to, and out of the fame premises, vefted by the faid "act, or any part thereof, as they, every or any of them had, "before the paffing of the faid act, or would or might have had, or enjoyed, in case the said act had not been made." And the jurors aforefaid, on their oath aforefaid, further fay, that after the making of the faid indenture of the 24th day of May 1739, and after the levying the fine therein mentioned, and after the making the said act of parliament, the faid Henry Burton, made his laft will and teftament in writing, dated the 17th day of August 1752, with the codicil thereunto annexed, dated the 18th his brother day of October 1754, and which will and codici! were duly executed, and attefted to pafs lands, whereby the faid Henry Burton amongst other things, devised all his mefluages, lands, tenements, hereditaments, and real eftates whatfoever, and wherefoever, after the decease of Mary Furton his wife, unto his brother Doctor Michael Burton and his heirs and the jurors aforefaid, on their oath aforefaid, further fay, that the faid Henry Burton died in the year 1754, after making the faid will and codicil, without iffue, and without altering or revoking his faid will and codicil, and without having dilpofed of such estate and intereft, of and in the faid tenements, with the appurtenances in the faid declaration mentioned, as had come to him under the faid indenture of the 24th day of May 1739, and the faid fine levied in pursuance of the faid indenture; by virtue of which faid devife, M chael Burton the devifee named in the faid will of the faid Henry Burton, became and was feifed of fuch eftate, of and in the reverfion of the faid tenements with the appurtenances, in the faid declaration mentioned, as had belonged to the faid Henry Burton, and being fo feifed, afterwards, to wit, in the year of our Lord 1759, died; after whose death, all the eftate and intereft of the faid Michael Burton of Premifes de- and in the faid premises, defcended and came to Michael Burton the leffor of Efq; the leffor of the faid Cornelius, (the plaintiff) his fon and the plaintiff. heir; and the faid Michael Burton the leffor, thereupon became feifed of such eftate, of and in the faid reverfion, as could or might lawfully país to him by virtue of the feveral premises aforefaid. And the jurors aforefaid, on their oath aforefaid, further fay, that the faid Richard Williams died before the year Richard Wil- of our Lord 1788, without having had iffue by the faid Sarah Williams; and that the faid Mary Burton alfo died on the oth day of July, in the year of our Lord 1778, without having had iffue by the faid Henry Burton, or any after-taken husband. Michael fcifed; died. fcended to Death of liams with out iffue. Death of Mary Burton without iffue. And 1792. GOOD- RIGBY. Sarah Wil for life. Richard te: ant to the præcipe in a re covery. And the jurors aforefaid, on their oath aforefaid, further fay, that the aforesaid term of one hundred years, ceased and determined immediately after the death of the faid Richard Williams; and that the faid Sarah Williams, after the feveral deaths of the faid Richard Williams, and Mary Burton, entered upon the feveral tenements, with the appurtenances in the said declaration liams feised mentioned, and became and was feifed of fuch eftate therein, as could or might legally pafs to her, under and by virtue of the feveral premises aforesaid, and afterwards by a certain indenture, bearing date and executed on the 19th day of November, in the year Conveyance of our Lord 1778, between the faid Sarah Williams of the one by her to part, and one Robert Woodford of the other part, fhe the faid Woodford, Sarah Williams, for and in confideration of the fum of five fhil- to make a lings, to her in hand paid by the faid Robert Woodford, did bar gain and fell to the faid Robert Woodford, his executors, adminiftrators and affigns, the aforefaid feveral premifes in the faid indenture quadripartite contained, not being the paternal estate of the faid Richard Williams, being the premises in the faid declaration mentioned, to have and to hold the fame to the faid Robert Woodford, his executors, adminiftrators, and affigns, for one whole year from thence next enfuing; by virtue whereof, and by force of the ftatute for transferring ufes into poffeffion, the faid Robert Woodford became feifed and was poffeffed of the faid laft-mentioned premifes, as the law requires; and being fo poffeffed thereof, by an indenture tripartite of releafe, dated and executed on the 20th day of November 1778, and made between the faid Sarah Williams of the first part, the said Robert Woodford of the fecond part, and William Mayhew of Calchefter, in the county of Ejex, Erq; of the third part; the faid Sarah Williams for barring and extinguifthing all eftates tail, and the remainders and reverfions thereupon expectant and depending, and for fettling, establishing, limiting, and difpofing of the inheritance of the feveral premifes in the fai indenture mentioned, to the feveral uses therein declared, concerning the fame, and for the confiderations therein mentioned, did grant, bargain, fell, release and confirm unto the faid Robert Woodford and his heirs, in his actual poffeffion then being, by virtue of the aforefaid bargain and fale thereof to him made by the faid Sarab Williams for one year, all the faid last-mentioned tenements with the appurtenances, being the premifes in the faid declaration mentioned, among it other things, to have and to hold the fame unto and to the ufe and behoof of the faid Robert Woodford, |