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I BROWN.

WEST v. BRISEY [1727]

the estate to any other wife, in case of failure of issue of this marriage; or to charge the same with an annuity of £100 per ann. for the life of such wife or wives.^[1]

And by other indentures of lease and release, dated the 25th and 26th of March 1686, between James Erisey of the first part, Sir Peter Killegrew and Arthur Fortescue of the second part, and Richard Erisey of the third part; the said James Erisey, for the like considerations as were mentioned in the other settlement, and in pursuance and performance of his part of the articles, did grant and release unto Sir Peter Killegrew and Arthur Fortescue and their heirs, the several manors, lands, and hereditaments therein particularly mentioned, in the county of Cornwall, to the use of Richard Erisey after the marriage, for his life, without impeachment of waste; remainder to the use of Frances Killegrew for her life, if James Erisey and Mary his wife, or either of them, should so long live; remainder to the use of the first and other sons of Richard by Frances, in tail male successively; remainder to the use of the first and other sons of Richard by any other wife, successively in tail male; remainder to the heirs of the body of Richard by Frances; remainder to the heirs of the body of Richard; with such other remainders over as in the other settlement.—With a power for Richard Erisey and Frances his wife, and the heirs [228] male of their bodies, and other persons in remainder, being in possession, to make leases for one, two, or three lives, reserving the old accustomed rents.

On the 28th of the same month, Sir Peter Killegrew wrote the following letter to Richard Erisey:

Sir, I find that it is absolutely necessary to have the great settlement copied out, and signed and sealed by your uncle and yourself before your marriage, to remain in my hands, as is reasonable, and that there may be at least one of those writings without any razures and memorandums: Mr. Draper tells me you may make twenty of these writings originals, if they bear all the same date. I send my servant on purpose to desire you to bring the writing with you, if we shall have your company this Monday, or else to deliver it to the bearer, that I may have it copied this week by Mr. Draper's son; and on Easter Monday, God willing, I and my son will dine at Erisey, in our way to Clowance, and your uncle and you may sign and seal this writing, leaving the other in your hands. My wife desires the wedding may be on the 20th of April. I am ever your affectionate servant and cousin,

Peter Killegrew.

The marriage between Richard Erisey and Frances Killegrew soon afterwards took effect, and thereupon £200, part of the £1700, was paid to James Erisey, but the £1500 residue was never paid either to James or Richard. Sir Peter Killegrew however gave his bond for it to Richard Erisey, which was afterwards assigned by him for the benefit of his wife Frances.

In November 1692, James Erisey died; and in January 1697, Richard prevailed with Mary the widow of James, to surrender her jointure estate to him.

There being no trustees in either of the settlements to preserve contingent estates, as usual in cases of the like kind; Richard Erisey, in Easter term 1698, suffered two common recoveries of the premises; and by deed, declared the uses thereof to him and his heirs; he afterwards sold several parts of the estates, to the value of £6000 and upwards: and by indentures of lease and release, dated the 15th and 16th of February 1709, he conveyed the residue to Samuel Trefusis, John Worth, and Thomas Hearle, esqrs. and their heirs, in trust for himself for

↑ That part of the deed wherein this latter power was written, appeared to be very much razed; three lines, part of the power, were written upon the razure, and the rest of the razure, containing four lines and a half, was filled up with several small strokes, or lines. And therefore upon the execution of this deed, the following words were written on the back of it; viz.

Memorandum, That by the mutual consent and agreement of all the parties within named, the razure and amendment in the last sheet, was made and filled up in that particular which limits the power of Richard Erisey, to lease or charge the Barton and demesne lands of Erisey, with any jointure or yearly payment; and then sealed and delivered in the presence of Peter Killegrow, George Killegrew, John Harris, Francis Heyme.

532

[1] That part of the deed wherein this latter power was written, appeared to be very much razed; three lines, part of the power, were written upon the razure, and the rest of the razure, containing four lines and a half, was filled up with several small strokes, or lines. And therefore upon the execution of this deed, the following words were written on the back of it; viz.

Memorandum, That by the mutual consent and agreement of all the parties within named, the razure and amendment in the last sheet, was made and filled up in that particular which limits the power of Richard Erisey, to lease or charge the Barton and demesne lands of Erisey, with any jointure or yearly payment; and then sealed and delivered in the presence of Peter Killegrow, George Killegrew, John Harris, Francis Heyme.

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