Arcana clericalia, or, The mysteries of clarkship being a sure way of setling estates by [brace] deeds, fines, and recoveries : with the forms of all manner of charter-parties in maritime cities, towns and corporations : with a table of all the principle matters therein contained / by George Billinghurst ...

CHAP. X. Provision taken for Payment of Debts, Le∣gacies, &c. in the limitation of Ʋses.

(1.) AS for touching and concerning the said * 1.1 Messuages, Lands, Hereditaments, and Premisses, not herein before limited to the use of the said E. B. [wife of A. B.] for her Ioynture (being parcel of the said Messuages, Lands and Tenements, comprised in the said Fine) to the use and behoof of the said C. D. E. F. and G. H. the Cognizees, for and during the Term of one and forty years, to commence im∣mediately from and after the decease of the said A. B. upon trust and confidence, and to the end, intent and purpose, that the said C. D. E. F. and * 1.2 G. H. their Executors, Administrators and As∣signs, shall and may receive, perceive, dispose and imploy the Rents, Revenues, Issues and Profits of the said Messuages, Lands, Tene∣ments and Premisses respectively, for and during the said Term of one and forty years, for and to∣wards the satisfaction and payment of all such Debts and sums of Mony, which the said A. B. * 1.3 shall happen to owe at the time of his Death, or for which any Person or Persons shall, at the time of the death of the said A. B. stand ingaged for or with the said A. B. and for his proper Debt: and for the payment of such Annuity or Annui∣ties, as the said A. B. hath granted, or shall hereafter grant or limit, to be issuing or going out of the said Messuages, Lands, Tenements and Hereditaments, or any of them: (after that all and every the said Debts shall be fully satisfied)

••o any Person or Persons which is, are, have been, or hereafter shall be the Servant or Ser∣vants of the said A. B. for and in respect of their Service or Services, done or to be done to the said A. B. And also, for and towards the payment of such Legacy and Legacies, and sums of Mony, which the said A. B. shall by his last Will and Testament in writing, to be sign∣ed, sealed and published before three or more suf∣ficient Witnesses, give, limit, ordain and ap∣point. And upon further Trust and confidence, * 1.4 that they the said C. D. E. F. and G. H. their Executors, Administrators and Assigns, after all and every the said Debts, Ingagements, Annuities and Legacies shall be payed and sa∣tisfied according to the intent and true meaning of th••se presents, shall and will surrender and yeild up their said Estate and Interest, of and in the Premisses, so to them limited as aforesaid, and of and in every part and parcel thereof to such Person or Persons to whom the Free∣hold or Inh••ritance of the said Premisses shall next and immediately appertain, by the purport and true meaning of these presents. And from and after the end, exp••ration, surrender or other * 1.5 determination of the said Lease of One and forty years, The said Fine shall be and inure, and the said Cognizees shall stand and be seized of and in the said last mentioned Premisses, to the use and behoof of such Person and Persons, and for such Estate and Estates, and for such part and parcel as the said A. B. shall by his last W••••l and Testament in writing, in the pre∣sence of three or more credible Witnesses, ••imit, appoint and declare, &c.

(2.) To the Vse of the said A. B. and his * 1.6 Assigns, for and during the term of his natural life, without impeachment of or for any manner of Waste, and from and after the decease of the said A. B. then to the use of the said C. D. E. F. and G. H. [the Cognizees] their Heirs and Assigns for ever: In trust, and for and to this end, intent and purpose, that they the said C. D. E. F. and G. H. and the Survivors and Survi∣vor of them, his and their Heirs, shall and may bargain, sell, convey, or otherwise dispose of the same, for and towards the payment, a 1.7 satis∣faction and discharge of such Debts and sums of Mony, as the said A. B. now, or shall at the time of his death owe to any Person or Persons whatsoever: And for the discharging b 1.8 of such Person and Persons, as do now stand, or which at the time of the death of the said A. B. shall stand bound or ingaged for or with the said A. B. for the said Debts or sums of Mony, or any of them: And also for the satisfaction, c 1.9 pay∣ment and discharge of all such sum and sums of Mony, which the said A. B. hath, or hereafter shall take up, borrow or receive, and for or in consideration whereof, he hath heretofore gran∣ted, or hereafter shall grant any Annuity or An∣nuities, or Rent or Rents charge, issuing, or to be issuing or payable out of the said Mannors, Lands, Tenements, Hereditaments and Pre∣misses, or any of them, whereby the said Rent or Rents shall or may be determined: And also for and towards the payment and d 1.10 dis∣charge of the Legacies and Bequests, which the said A. B. by his last Will and Testament in writing, to be sealed, subscribed and published by him before three sufficient Witnesses, shall give or b••queath to any Person or Persons, or to any Vse or Vses, or so much of such sum and sums, Debts and Legacies, as the value of the said Mannors, Lands and Tenements to be sold, as aforesaid, shall amount unto: And if that any

overplus shall be of Moneys made or raised, by * 1.11 sale of the said Mannors, Lands and Tene∣ments and Hereditaments, more then shall be, or will be sufficient to satisfie and discharge all the said Debts, sums of Mony, Legacies and Be∣quests, That then the said C. D. E F. and G. H. their Heirs, Executors or Administrators, shall and will pay and deliver the same overplus, which shall remain of the Sale or Value of the said Mannors, Lands, Tenements and Heredita∣ments, unto the Executors or Administrators of the said A. B. And further, upon this Trust and confidence, That if such Person or Persons, that * 1.12 shall be next Heir at Law unto the said A. B. shall within one year next after the death of the said A. B. well and truly satisfie, pay and dis∣charge all the aforesaid Debts, sums of Mony, and Legacies and Bequests, which by the true intent and meaning of these presents, are limi∣ted, intended or expressed to be paid, for, out of or in respect of the said Mannors, Lands, Tene∣ments, Hereditaments and Premisses, or shall give or make to the said C. D. E. F. and G. H. or the Survivors or Survivor of them, good and sufficient Security for the payment of all and every the said Debts, sum and sums of Mony, Legacies and Bequests, which by the true in∣tent and meaning of these presents are before ex∣pre••t to be paid, That then the said C. D. E. F. and G. H. and their Heirs, and the Survivors and Survivor of them, his and their Heirs and Assigns, shall and will at the Cost and charges in the Law, of such Person or Persons, as shall be next Heir at Law unto the said A. B. convey and assure the said Mannors, Messuages, Lands, Tenements, Hereditaments and Premisses, to the said Person or Persons, his and their Heirs or Assigns, by such good and sufficient Convey∣ance and Assurance in the Law, with several re∣spective Warranties onely b•• every of them the said C. D. E. F. and G. H. severally and respe∣ctively,

against themselves and their several and respective Heirs, as by such Person or Persons his or their Heirs or Assigns, or his or their Councel learned in the Law shall be reasonably devised, advised and required.

(3.) And as for, touching and concerning the * 1.13 said Mannors, Lordships, Messuages, Lands, Tenements and Hereditaments, with their and every of their Appurtenances in the said County of M. to the use and behoof of the said C. D. E. F. and G. H. the Cognizees, &c. and of their Heirs and Assigns for ever, upon Trust and confidence: nevertheless, and to the end, intent and purpose, that they the said C. D. E. F. and G. H. and the Survivors and Survivor of them, his and their Heirs, shall and may, at his and their free will and pleasure, sell, convey and assure the said Mannors, Messuages, Lands and Pre∣misses in the said County of M. and every part and parcel thereof, for the best benefit, profit and advantage, which shall or may be, bona fide, had or gotten for the same. And that the Mony to be raised by every or any such Sale, and as every such Sale shall be made, shall be forthwith paid * 1.14 and disposed of as followeth: that is to say, for and towards the payment of the Debts of the said A. B. and sums of mony mentioned in a Schedule hereunto annexed: And in case any Surplusage shall remain over and above such sum and sums of mony, as shall be expended in the payment and satisfaction of the said D••b••s, That then the said Surplusage or Overplus, shall be paid by the said C. D. E. F. and G. H. or the Survivors or Survivor of them, or the Exe∣cutors * 1.15 or Administrators of the Survivor of the••••, unto the said A. B. or to such other Person or Persons, as the said A. B. shall by his last Will or Testament in writing, testified by two or more credible Witnesses, or by any other Writing (testified as aforesaid) under his hand and seal, direct and appoint, and for want of such direction

or appointment, to the Executors or Administra∣tors * 1.16 of the said A. B. And upon further Trust and confidence, that the said A. B. his Executors, Administrators and Assigns, shall and may until such Sale made, have, receive and take to his and their own proper use, all and singular the Rents, Issues, Revenues and Profits of the said Man∣nors, Messuages, Lands and Premisses, hereby limited and intended to be sold as aforesaid.

(4.) To the use of the said A. B. for Term of * 1.17 his natural life, without impeachment of or for any manner of Waste, and from and after his de∣cease, to the use and behoof of such Person or Persons as shall be Executor or Executors of the last Will and Testament of the said A. B. for and during the end and Term of ten years: upon Trust, and to the end, intent and purpose, That the said Executor or Executors may dispose of all the Rents, Issues, Profits and Revenues of the Premisses, and of every part and parcel there∣of, for and towards the payment of the Debts of the said A. B. and such Legacies as shall be by the said Will given and devised, the reasonable Cost and charges of the said Executors, in reparation of the Premisses, or any part thereof, and in execution of the said Trust being deducted: And from and after the end, expiration, or other deter∣mination of the said Vse and Estate ••imited to the said Executors, To the use of, &c.

(5.) To the use of M. B. Widow, Mother of * 1.18 the said A. B. for and during the Term of her natural life: And from and after the decease of the said M. to the use of the said A. B. for and du∣ring the Term of his natural life, and from and after the decease of the said M. B. and A. B. To the use and behoof of the Executors and Admini∣strators of the said A. B. for and towards the per∣formance of the last Will and Testament of the said A. B. for the term of 〈◊〉〈◊〉 years, and from and after the end, expiration or determination of the said Term of six years, to the use and behoof of &c.

(6.) After a limitation to A. B. for life: Then * 1.19 follows: And from and after the decease of the said A. B. to the use of such Person or Persons, as the said A. B. by his last Will and Testament in writing, or by any other Writing to be by him sealed and subscribed in the presence of two or more credible Witnesses shall nominate and ap∣point, for such Term and until such time, as the same Person or Persons, so to be nominated, shall or may levy, take or receive, out of the yearly Rents, Issues and Profits of the Premisses, such sum or sums of Mony, nor exceeding the sum of Two hundred pounds in the whole: to be dis∣posed of, distributed or paid to such Person or Persons, and in such manner and form, and to such ends, intents and purposes, as the said A. B. shall in and by his last Will and Testament, or other Writing, as is aforesaid limit and appoint: And in default of such limitation or appoint∣ment, to the Executors or Administrators of the said A. B. And after the end or determination of the said Vse or Estate last before-mentioned, Then to the use and behoof of C. B. Son and Heir of the said A. B. and the Heirs of the said C. B. lawfully begotten, or to be begotten: And for de∣fault of such Issue, to the use and behoof of the right Heirs of the said A. B. for ever.

Notes

• * 1.1

  Pay∣ment of Debts, Lega∣cies, &c.
• * 1.2

  Term of 41 years limited upon Trust.
• * 1.3

  To pay Debts and dis∣charge Sureties. Pay∣ment of Annui∣ties gi∣ven to Servants
• * 1.4

  After Debts, &c. paid to sur∣render the E∣state.
• * 1.5

  After expira∣tion or surren∣der, to the use of such as by last Will shall be appoin∣ted.
• * 1.6

  Another by a use limited, to make Sale. Vide, al∣so Sect. 3 hereaf∣ter fol∣lowing, which gives di∣rection for dis∣posal of the mean profits until Sale.
• a 1.7

  For payment of debts.
• b 1.8

  Dis∣charge of Sure∣ties.
• c 1.9

  Dis∣charge of Mo∣neys borrow∣ed upon Security of An∣nuities granted.
• d 1.10

  Dis∣charge of Le∣gacies.
• * 1.11

  To pay back the Over∣plus.
• * 1.12

  If next Heir dis∣charge, or give Security to pay the Debts, Lega∣cies, &c. the Tru∣stees are to con∣vey back to him.
• * 1.13

  Another to make Sale, &c.
• * 1.14

  Mony raised by Sale to pay Debts mentio∣ned in a Sche∣dule.
• * 1.15

  Disposi∣tion of the O∣verplus.
• * 1.16

  Disposal of the Profits before Sale.
• * 1.17

  A limi∣tation for years to Exe∣cutors to pay Debts.
• * 1.18

  To the use of Execu∣tors for perfor∣mance of a Will.
• * 1.19

  Another for per∣for∣mance of a Will.