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Killegrew of the one part, and James Erisey, esq. and Richard Erisey his nephew of the other part, in consideration of a marriage then intended between Richard Erisey and Frances Killegrew, daughter of Sir Peter, it was agreed, that Sir [226] Peter should pay for the portion of his daughter £1700, viz. £200 part thereof to James Erisey, and the other £1500 to be disposed of in a purchase of lands, or lease of £90 per ann. for the use of Richard Erisey for his life; remainder to Frances during her life, in part of her jointure; and after her death, to the heirs, executors, or administrators of Richard.—And James Erisey agreed to settle in hand an estate of £40 per ann. in conventionary rents, upon Richard and his heirs, with liberty to set and let for three lives; which estate was to be to the use of Frances for her life, with like liberty to set and let for three lives, if she should not survive James Erisey and Mary his wife; and if she did survive them, then after their death she was to have the Barton of Clahar, in the county of Cornwall, and the Barton of Loworthy, in the county of Devon, together with the lands to be purchased with the £1500 for her full jointure; and then the lands of £40 per ann. were to be and remain to the heirs of the body of Richard Erisey, and then to descend as the other lands after-mentioned.—And James Erisey agreed to make a settlement of all his freehold lands, except the conventionary rents of £40 per ann. to be settled as above, in manner following, viz. To the use of himself for life, without impeachment of waste, and with power to grant leases, determinable upon lives, or for 21 years outright; and after his death, as to several parts of these lands, particularly mentioned in the articles, to the use of Mary his wife, for her life, with liberty to grant leases for years, determinable on one, two, or three lives, or for 21 years outright, of part of the same premises; and after the death of James Erisey, as to the other lands not limited to Mary, nor to Richard and Frances for their lives respectively, the same should be to the use of Richard for his life, without impeachment of waste; and after the death of James and Mary his wife, the premises limited to Mary should likewise be to the use of Richard for his life, without impeachment of waste, and to his heirs male to be begotten on the body of Frances; and in default of such issue male, then to the heirs male of Richard, to be begotten on the body of any other wife; and in default of such issue male, then to the heirs female of Richard, lawfully to be begotten, with other remainders over.—And it was agreed, that Richard Erisey should have liberty to make leases of his estate for years, determinable on one, two, or three lives, or for 21 years outright:—And he was also to be at liberty to nominate counsel, for settling the estate and jointure aforesaid, and Sir Peter Killegrew to advise with his counsel, that the same might be effectual in law.

By indentures of lease and release, dated the 23d and 24th of March 1685, between James Erisey of the first part, Hugh Boscawen, and Arthur Fortesque, esqrs. of the second part, and Richard Erisey of the third part; the said James, in consideration of love and affection for Mary his wife, and for confirming her former jointure, and settling an additional jointure upon her; and also in consideration of love and affection for Richard, and for settling and entailing the manors and lands after-mentioned in the [227] name and blood of the said James Erisey, and in pursuance and performance of his part of the above articles; did grant and release to the said Hugh Boscawen and Arthur Fortescue, and their heirs, the manor, capital messuage, Barton, farm, and demesne lands of Erisey, in the county of Cornwall, and several other lands and hereditaments therein particularly mentioned, in the counties of Cornwall and Devon, to the use of himself for life, without impeachment of waste; remainder, as to part of the premises, to the use of Mary his wife, for her life, for her jointure; and as those respective estates should determine, to the use of Richard Erisey for his life, without impeachment of waste; remainder to the use of the first and other sons of Richard, by Frances Killegrew, in tail male successively; remainder to the use of the first and other sons of Richard, by any other wife, in tail male successively; remainder to the use of the heirs of the body of Richard by the said Frances; remainder to the use of the heirs of the body of Richard Erisey, with other remainders over.—With powers for James Erisey, Mary Erisey, and Richard Erisey successively, to make leases for lives or years, in manner therein mentioned: and a power for Richard, after the death of James and Mary his wife, to limit certain parts of