PUR- faid fum of 13331. 6s. 8d. and the interest thereof, CHASES. and every part thereof refpectively, upon the trufts, for the intents and purposes, and fubject to for S T. one of the children, till fhe fhall attain the or fhall die un the provifos and agreements hereinafter expreffed, age of 21 years, declared, and contained, of and concerning the der that age, or fame, (that is to fay,) as to the fum of 6661. 13s. 4d. execute fuch being a moiety of the faid principal fum, and the affurances as interest thereof, in trust for the said S. T. until she mentioned, & fhall attain the age of 21 years, (a) or shall die fhall refufe to hereinafter (a) Under the words, when she shall attain the age of 21 years, though the legacy will not be fo vefted as that, in cafe of her death it shall go to her representatives, yet during her minority she will be entitled to the intereft of it, this being an exception to the general doctrine made in favour of children, or even grand children, but does not hold as to brothers as collaterals; it is therefore very properly declared to be in trust for her till fhe attain 21, though if this exception was not admitted, and her title did not take place to any purpose till fhe was 21, it ought to have been in truft for all entitled to the perfonal eftate under the will; though the purchaser has taken care to fecure himself from the claims of the minors as to the real property, it does not appear to me, that under this inftrument he is fufficiently difcharged as to the payment of the sum which their interest might be valued at, in the leasehold premises affigned, for the money which has been retained is that fum only which is charged on the real estate, and nothing is reserved for their share in this personality. The executors discharge is fufficient fecurity to the purchafer; the legatees having their remedy against them, and it was not incumbent on the purchaser to take any care but for himself, this deed, therefore, the object of which is his fecurity only, need not provide for theirs, and accordingly does not. N. B. This note fubjoined to the original draft. under that age, or fhall neglect or refufe to execute PUR T. thall attain faid age and execute fuch deeds, then upon trust t with intereft, de pay faid fum to faid S. T. and in cafe the faid S. T. fhall ie, under faid age, the execu tors to ftand poffefied of fatid fum and inter eft, in trust of titled thereto the perfons en under faid will, fuch deed or deeds. as hereinafter is or are men- CHASES. tioned; and in cafe the faid S. T. fhall attain her in cafe faid S. age of 21 years, and fhall execute fuch deed or deeds as aforefaid, then upon truft, to pay the fum of 6661. 13s. 4d. and all intereft accrued due in respect thereof unto the faid S. T. or her affigns, for her and their own ufe and benefit; and in cafe the faid S. T. shall die under the age of 21 years, then they the faid E. T. and E. T. and the furvivor of them, and the executors, administrators, and affigns of such survivor, shall stand poffeffed of and interested in the said sum of 6661. 13s. 4d, and all intereft accrued due, and to become payable in refpect of the fame, in truft for fuch perfon or perfons as fhall be entitled thereto, under or by virtue of the faid will of the faid W.T. deceased; and as to the like fum of 666l. 13s. 4d. being other moiety of the faid principal fum in truft for the said E. T. the fon, until he fhall attain his age of 21 years, or fhall die under that age, or fhall neglect or refufe to execute fuch deed or deeds as aforefaid; and in cafe the faid E. T. the fon, fhall attain the age of 21 years, and fhall execute fuch deed or deeds as aforefaid, then upon truft, to pay the faid laft mentioned fum of 6661. 13s. 4d. and all intereft accrued due in refpect of the fame, to the faid E. T. or his affigns, for his and their own ufe and benefit. Provided and as to the other moiety of the faid mo. nies upon the like trufts. PUR CHASES. nevertheless, and it is hereby declared and agreed upon, by and between the faid parties to thefe Provifo that if presents, that in cafe the faid S. T. fhall attain S.T. on coming execute a dif of age refufe to her age of 21 years, and shall for the space of fix charge of the calendar months then next enfuing, neglect or repremifes from fufe to execute, or join in executing any deed or deeds which fhall or may be neceffary or expedient for effectually releafing and discharging the faid feveral premises fo purchased by the faid R. R. as aforefaid, and the feveral tenants, proprietors, and occupiers thereof, of and from the payment of the said sum of 6661. 13s. 4d. to which fhe the faid S. T. is entitled, and the interest thereof, and every part thereof respectively, and of and from all claims and demands in refpect of the fame, upon tender being made by the faid R. R. his heirs or affigns, unto the faid S. T. of the faid fum of 6661. 13s. 4d. and of the interest thereof accrued due in refpect thereof, and of The purchaser fuch deed or deeds for execution, then, and in fuch fame to his own cafes it fhall and may be lawful to and for the may retain the ufe. faid R. R. his heirs, executors, and administrators, to retain the said sum of 6661. 13s. 4d. without being afterwards answerable for or obliged to pay any interest for or in refpect of the fame, in order to indemnify him the faid R. R. his heirs, executors, administrators, and affigns, of and from the payment of the said fum of 6661. 13s. 4d. and all claims and demands in respect of the fame. Pro PUR as to E. T. vided also, and it is likewife declared and agreed upon, by and between the faid parties to these CHASES. presents, that in case the said E. T. the son, shall Similar provifo attain his age of 21 years, and fhall for the space of fix calendar months then next enfuing, neglect or refuse to execute or join in executing any deed or deeds which shall or may be necessary or expedient for effectually releafing and discharging the said several premises fo purchased by the faid R. R. and the feveral tenants, proprietors, and occupiers thereof, of and from the payment of the faid fum of 6661. 13s. 4d. to which the faid E, T. the fon, is entitled, and the interest thereof, and every part thereof refpectively, and of and from all claims and demands in respect of the fame, upon tender being made by the faid R. R. his heirs or affigns, unto the faid E. T. the fon, of the faid last mentioned fum of 6661. 13s. 4d. and of the interest accrued due in refpect thereof, and of fuch deed or deeds for execution, then, and in fuch cafe, it fhall and may be lawful to and for the faid R.R. his heirs, executors and administrators, to retain the faid last mentioned sum of 6661. 13s. 4d. without being afterwards answerable for, or obliged to pay any interest for or in respect of the fame, in order to indemnify him the faid R. R. his heirs, executors, administrators, and affigns, of and from the payment of the faid last mentioned fum of 6661. 13s. 4d. and all claims and demands in PUR- refpect of the fame, the said herein before recited CHASES. bond or obligation, or any thing therein contained to the contrary thereof, in anywife notwithstanding. In witness, &c. Recital of a de Agreement and Covenant to indemnify a Purchaser of an Advowfon from the Payment of a Rent Charge payable to the Poor of the Parish. To all to whom these presents fhall come, I I F, of in the county of fend greeting. Whereas T. M. Efq. being vife of the ad- feifed in fee fimple, (amongst other lands and vowfon. hereditaments,) of certain lands in the parish of in the county of rectory or parfonage impropriate, at and of the aforefaid, and of the tithes, both great and small, |