Page:The English Reports v1 1900.pdf/534

Edward Earl of Warwick and Holland, being seised in fee, among divers other lands, of the manors of Abbotts Kensington and Earl's Court Kensington, in the county of Middlesex; a marriage was, in the beginning of the year 1696, agreed upon, and afterwards solemnized between him and the appellant the Countess Dowager; and by indentures of lease and release, dated the 4th and 5th of January 1696, in consideration of the said intended marriage, and of £16,000 portion, (£6000 whereof the Earl was to receive in hand before the marriage, and the remaining £10,000 was to be paid and secured as after mentioned,) the said Earl Edward settled a jointure of £2000 per ann. and upwards upon the appellant the Countess for life; and also granted and conveyed to trustees therein named and their heirs, the said manors of Abbotts Kensington and Earl's Court Kensington, to the use of himself for 99 years, if he should so long live, without impeachment of waste; remainder to trustees and their heirs, during the life of the said Earl Edward, in trust to preserve contingent remainders; remainder to trustees for 500 years, for raising portions for younger children of the said marriage; remainder to the use of the first and every other son and sons of the said marriage, successively in tail male; remainder to the use of Lord Cholmondeley, Lord Newburgh, and Orlando Bridgman, since deceased, for 1000 years, upon trust, for raising portions and maintenances for the daughters of that marriage, in case of failure of issue male; remainder to the use of the said Earl Edward and his heirs; with the usual provisoes for making void the said terms of 500 years and 1000 years, if there should be no younger child or daughters of the said marriage; and with power to Earl Edward of making leases in manner therein mentioned. And after reciting, that the sum of £10,000 residue of the said £16,000 the portion of the appellant the Countess, remained still to he raised, or to be paid by the persons intrusted to raise the same, by and out of the lands late of Sir Thomas Middleton, bart. the Countess's father, it was by the said settlement declared and agreed, and Earl Edward for [208] himself, his heirs, executors, and administrators, did covenant with the said Lord Cholmondeley, Lord Newburgh, and Orlando Bridgman, their executors, administrators, and assigns, in manner following, viz. That the said sum of £10,000 or any part thereof, should not be called in, or taken out of the hands of the said trustees, by the said Earl Edward, for his own use or disposal; but should, with all convenient speed, be received, laid out, and disposed (not by the said Earl Edward, his executors or administrators, but) by the said Lord Cholmondeley, Lord Newburgh, and Orlando Bridgman, and the survivors or survivor of them, or by such others as they, their executors, administrators, or assigns, should appoint, in the purchase of lands and tenements of inheritance within the realm of England, (not consisting of houses situate within any city or market town,) which lands and tenements so to be purchased should, upon the purchase thereof, be settled and limited to the like uses, and under the like trusts, powers, and provisoes, to and under which the said manors of Abbotts Kensington and Earl's Court Kensington were thereby settled and limited as aforesaid; and that upon the receipt of the said £10,000 by the said Lord Cholmondeley, Lord Newburgh, and Orlando Bridgman, he the said Earl Edward should and would give such a receipt and discharge for the same as by counsel should be reasonably advised: and if the said £10,000 should be paid in before a purchase could be found, the same should not be received by Earl Edward, but by the said Lord Cholmondeley, Lord Newburgh, and Orlando Bridgman, or the survivors or survivor of them, and should