No. 35. and I the said M. B. of N. and W., in pursuance of and by virtue of all and every the power, &c. aforesaid, do direct, limit, appoint and declare, that the said first-recited indenture of release, and the grant and conveyance thereby made as to all that the said manor or reputed manor of L., with the rights, members and appurtenances thereof, in the said county of B., and all the said messuages, lands, tenements, and hereditaments of me the said M. B. of N. and W., in L. and F. aforesaid, or either of them, in the said county of B., in and by the said first-recited indenture of release granted, released, or conveyed, with their and every of their appurtenances, be and enure, and I do hereby give and devise the same in manner following, that is to say, To the use of the Honourable H. B. Esq., commonly called Lord H. B., brother of His Grace the Duke of, for the term of his natural life, without impeachment.of, or for any manner of waste; and from and after the determination of that estate by forfeiture, or otherwise in his lifetime, then to the use of the said T. B., I. L. and E. R., and their heirs, during the natural life of the said H. B., in trust, to preserve the contingent remainders hereinafter limited from being defeated and destroyed, and for that purpose to make entries or bring actions, as the case shall require; but, nevertheless, to permit and suffer the said H. B., during his natural life, to receive and take the rents and profits of the same premises to his own use; and from and after the decease of the said H. B., to the use of M. the wife of the said H. B., for the term of her natural life, without impeachment of or for any manner of waste; and from and after the determination of that estate by forfeiture or otherwise, during her life, to the use of the said T. B., I. L. and E. R., and their heirs, during the natural life of the said M., in trust to preserve the contingent remainders hereinafter limited, from being defeated and destroyed, and for that purpose to make entries or bring actions, as the case shall require; but nevertheless to permit and suffer the said Me during her life, to receive and take the rents, issues and profits of the said premises, to her own use: and from and after the decease of the said M., to the use of the first son of the body of the said M., by the said H. B., begotten or

to be begotten, and the heirs male of the body of such first No. 35. son, lawfully issuing; and for default of such issue, to the use of the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and all and every the other son and sons of the body of the said M., by the said H. B. begotten or to be begotten, severally and successively, one after another, as they shall be in seniority of age and priority of birth, and the heirs male of their respective bodies lawfully issuing ; the elder of such sons and the heirs male of his body, being always preferred, and to take before the younger of such sons, and the heirs male of his and their body and bodies; and for default of such issue male, to the use of all and every the daughter or daughters of the body of the said M., by the said H. B. begotten or to be begotten, as tenants in common, and not as joint tenants, and the heirs of their several and respective bodies lawfully issuing; and failing issue of any of the said daughters, to the use of all and every other such daughter or daughters as tenants in common, and not as joint-tenants, and the heirs of the respective body or bodies of such other daughter or daughters lawfully issuing; and for default of such issue, to the use of such person or persons, and for such estate or estates, and in such proportions and in such manner as she the said M., whether covert or sole, shall, by any deed or writing, to be by her sealed and delivered in the presence of three or more credible witnesses, or by her last will in writing, or any writing purporting to be her last will, and to be by her signed and published in the presence of a like number of witnesses, limit and appoint; and in default of such appointment, then to the use of my own right heirs for ever: provided always, and my will and meaning is, that it shall and may be lawful to and for the said H. B., and after his decease to and for the said M. his wife, in case she shall survive him, by indenture to make any lease or leases of the premises, for any term or number of years, not exceeding twenty-one years from the making thereof, so as upon every such lease or leases there be reserved and made payable, during the continuance of the said respective terms thereby granted, the greatest improved yearly rent that can or may be reasonably had for the same, to be incident to and go

No. 35. along with the remainder or reversion expectant on such leases respectively, and so as such leases be not by any express words therein contained, freed from impeachment of waste; and so also as there be contained in every such lease or leases a power of re-entry, in case the rent or rents thereupon to be respectively reserved, or any part thereof, shall be behind or unpaid by the space of twenty-one days next after any of the times of payment therein to be respectively limited; and so as the respective lessee or lessees therein named, do execute a counterpart of such lease or leases respectively; and I do hereby ratify and confirm all and every the uses, trusts, estates, limitations and appointments in and by the said recited indenture of the 14th of October, -, limited, appointed or declared, of or concerning all and every or any of the manors, messuages, lands, tenements and hereditaments therein comprised, except and other than the said manor of L., with its appurtenances, and the lands, tenements, and hereditaments aforesaid, in L. and F. aforesaid, or either of them, in the county of B., and I do also hereby declare, that my said will in writing, bearing date the 14th day of October,, and this codicil, which I will shall be added to and deemed part thereof, do contain my last will and testament. In witness whereof I have to this codicil, and to a duplicate thereof, both of the same tenor and effect, each contained in two skins of parchment, set my hand and seal, this day of, &c.

No. 36.

A nuncupative Will committed to writing.

T. B., his will by word of mouth, made and declared by him on the

day of

in the presence of us, who have hereunto subscribed our names as witnesses hereto. My will is that, &c.

Conclusion and Attestation of a Will, written on several sheets.

I DO hereby make, ordain, constitute and appoint A. B. and C. D., executors of this my last will and testament, hereby revoking all former wills by me at any time heretofore made, and do declare this to be my last will and testament. In witness whereof I, the said T. S., have to this my last will and testament, contained in this and the four preceding sheets (or skins of parchment), set my hand and seal, (to wit) my hand to the bottom of each of the said four sheets (or skins,) and my hand and seal to this last sheet (or skin,) and my seal at the top of the said sheets (or skins) where all the said sheets or skins, are fixed together, day of, 1755..

this

The writing contained in this and the four
preceding sheets (or skins) was signed

Common Form of Attestation.

SIGNED, sealed, published and declared by the above-named J. S., as and for his last will and testament, in the presence of us, who have hereunto subscribed our names as witnesses thereto, in the presence of the said testator, and in the presence of each other.

C. D.

E. F.

G. H.

No. 39.

Attestation of a Codicil.

SIGNED, sealed, and published by the said M. B., of N., as and for a codicil to be added to and be considered as part of her last will and testament, in the presence of us, who have subscribed our names in her presence.

R. S.

F. B.

R. T.