Deed of Covenant of Indemnity from Trustees, under a Will to a Purchafer, where Purchafer not difcharged from feeing to the application, of Purchafe Money.

INDEMNITY.

THIS INDENTURE made, &c. between F. H. of Parties. in the county of ——, P. I. of —, in the faid county, gent. and T. C. late of - but now of, in the county aforefaid, clerk, devisees in truft, named in the last will and teftament of S. G. late of, in the aforefaid county, deceased, hereinafter in part recited, of the one part, and B. A. of the other part: Whereas by Recital of leaf indentures of leafe and re-leafe, the leafe bearing and release. date the day before the date of these presents, and the recital bearing even date herewith, and made or expreffed to be made between the faid F. H. P. I. and F. C. of the first part, M. S. the wife of G. M. of, gent. and which faid M. S. is the furvivor and a devifee, named in the said will of the faid S. G. of the second part, and the said B. A. of the third part, and by a fine therein covenanted to be levied, and which is intended to be forthwith levied accordingly: In confideration of confideraof of lawful money of Great Britain, tion paid upon therein mentioned to be paid by the faid B. A. to the faid F. H. P. I. and T. C. at the requeft, and by the direction of the faid M. S. teftified as therein mentioned, upon the trufts, and for the ends, intents, and purposes mentioned, expreffed and declared, of and concerning the monies to be raised by sale of the real and personal estate of the said S. G. in and by his will, and other the confiderations therein mentioned, they the said F. H. P. I. and T. C. and M. S. did convey unto, and to the use of the said B. A. his heirs, and affigns, all that, and thofe the meffuages,

Of will.

INDEMNITY. lands, and premises, &c. fituate, lying, and being at, in the county of, late the property of the faid S. G. in the fame indentures more particularly described; and whereas the faid S. G. deceased, did in, and by his laft will and testament in writing, bearing date on or about the --- day of -, which was in the year of our lord -, duly executed and attested, give, devise, and bequeath to F. H. P. I. and T. C. and the furvivors and furvivor of them, and the heirs, executors, and administrators of fuch furvivor, all his freehold and leafehold eftates, whatsoever and wherefoever fituate, and being, &c. and all other his real estates, whatsoever, with their and every of their appurtenances upon the trufts, and to and for the ends, intents, and purposes, therein mentioned, declared, and expreffed. AND whereas the said teftator in and by a certain codicil in writing, bearing date on or about the - day of which was in the year

Of codicil.

―, after mentioning that it had been his determination to difpofe of his property in this kingdom, and to fettle in, and being willing that in cafe of his decease his faid daughter S. fhould have free power and liberty of going to

and investing his property in that kingdom if she should be so difpofed, did thereby authorise and impower the faid H. F. P. I. and T. C. or the furvivor or survivors of them, or the heirs or Of truft to fell. executors of fuch furvivor, by and with the confent and approbation of the faid S.G. (teftified as therein mentioned,) to fell or difpofe of the whole or any part of his fee fimple or copyhold eftates, goods, and chattels, and by and with the monies arifing from the fale or fales to purchase fuch other estate or eftates either in or to inveft the fame in the public funds of or, or on fuch other fecurity or fecurities as his faid daughter S. G. by writing under her hand, and testified as aforefaid, and also the securities upon which the

or

to apply pur

monies should be placed, that should arise from INDEMNITY. fuch fale as aforefaid, fhould be and remain upon the fame trufts, ufes, intents, and purposes, and fubject to the fame provifos and conditions for the benefit of the fame perfon and perfons, as were in and by the faid in part recited will mentioned, expreffed and declared, with refpect to his said feefimple leafehold and perfonal eftate, as by the faid in part recited indentures, will, and codicil, relation being thereunto refpectively had, may more fully and at large appear. AND whereas the faid of agreement F.H. P. I. and T. C. did at the time of the pur-chamoney chafe, and in confideration thereof, agree with the upon trufts, faid B. A. to apply the faid purchase money accordingly, and to free, defend, fave harmless, and keep indemnified, the faid B. A. his heirs, execu- and to indem tors, adminiftrators, and affigns, and the faid free, nify pu chafer. hold premises of, from, and against the said trusts and purposes mentioned in the will of the faid S. G. in fuch manner as is herein mentioned. NOW THIS INDENTURE WITNESSETH, that in pur- Covenant to fuance of the faid recited agreement, and in con- lay out purchafe money in fideration of the premifes, they the faid F. H. purchafe of P. I. and T. C. for themselves feverally and re- lands, &c. spectively, and for their feveral and respective heirs, executors, and administrators do, and each of them and every of them doth covenant, promife, grant, and agree, to and with the faid B. A. his heirs, executors, adminiftrators, and affigns, by these presents in manner following, (that is to fay) that they the said F. H. P. I. and T. C. or fome or one of them, their or some of their heirs, executors, or administrators, fhall and will forthwith lay out, invest, and apply the faid sum of purchase money fo received by them as aforefaid, as far as the same will extend in the purchase of fuch other estate or eftates either in or—,

or inveft the fame in the public funds of —— or -, or on fuch other fecurity or fecurities as the

and make known how purchase

To keep indemnified.

INDEMNITY. faid S. G. by writing under her hand, fhall direct or appoint, and for anfwering the other purposes of the will of the faid S. G. and fhall and will from time to time at the request of the said B. A. his heirs or affigns, make it appear how fuch purmoney laid out. chafe money hath been laid out and invested, to the end that it may thereby appear, whether the hereditaments and premifes fo purchased by the faid B. A. are abfolutely freed and difcharged from all fuch trufts as affect the fame under the will of the faid S. G. And also that they the F. H. P. I. and T. C. or fome or one of them, their or fome or one of their heirs, executors, or administrators, fhall and will from time to time, and at all times for ever hereafter, at his and their own proper cofts and charges, free, defend, and well and fufficiently fave harmless, and keep indemnified the faid B. A. his heirs, executors, administrators and affigns, and alfo the faid meffuage or tenement, hereditaments and other the premises fo by him purchased as aforefaid, and every of them of, from, and against the trufts mentioned and declared in and by the faid will and codicil of the said ́S. G. of and concerning his real and personal estate, and of, from, and against all mifapplication or nonapplication of the faid purchase money or any part thereof. And also of, from, and against all and all manner of action and actions, fuits, costs, charges, loffes, damages, and expences whatever, to be brought, had, profecuted, recovered, fuftained, or fuffered by or against him the faid B. A. his heirs, executors, administrators, or affigns, or any of them on account of the faid trufts or other matters or things as aforefaid, or of any other matter, cause, or thing, in any wife relating thereto or concerning the fame. In witness, &c.

Covenant to convey and furrender copybold Eftates, to the purpose of fuffering a recovery.

And the faid, &c. &c. do and each of them doth covenant, promife, and agree to and with the faid, his executors, and adminiftrators, by these presents in manner and form following, (that is to fay) that they the faid G. K. and I. his wife, or in cafe of the death of the faid G. K. that they the faid B. and A. his wife, M. and I. his wife, N. and F. his wife, G. D. and G. M. and the several ' and respective heirs, and all and every other perfon, and perfons, claiming or to claim, by, from, or under him, her, them, or any of them, as the faid K. E. and K. W. deceased, or either of them, or otherwife howfoever, other than, and except fuch iffue male and female as the faid G. H. fhall or may hereafter have by the faid F. his present or any future wife, any eftate, right, title, or intereft of, in, or to all, and every or any fuch part or parts of the faid meffuages, lands, tenements, hereditaments, and premifes hereinbefore mentioned, fave and except the faid hereditaments, and premises, granted and releafed by the faid G. D. as aforefaid, or fo intended to be, as is, are, or be copyhold, or of cuftomary tenure, and held of the faid feveral manors of

and

in

CONVEY.

or of any other manor or manors in the faid county of fhall, and will upon the request Covenant to of the faid, his heirs, or affigns, but at the convey. proper cofts and charges of the faid G. H. his heirs, executors, or adminiftrators, in due form of law according to the custom or cuftoms of the faid feveral manors, or of fuch other manor or manors as aforefaid, well and fufficiently convey, furrender, and affure all and every the fame last mentioned copyhold and customary lands, hereditaments, and premises, and every part thereof,