Page:The English Reports v1 1900.pdf/597

The respondent Henry Fleetwood being seised in fee of the manors of Howick, Farrington, and Longton, with the appurtenances, in the county of Lancaster, and several other messuages, lands, tithes, and hereditaments in the same county, which were in the whole of the yearly value of £1300 including fines payable on the renewal of leases, before his marriage in the year 1714, settled the same to the use of himself for life; remainder, as to part, for securing £400 a year to his wife for her jointure, if she survived him; with remainder, as to other part, to trustees for a term of years, for raising £2000 for portions of the younger children of the marriage; with remainder, as to the whole, subject to these charges, to the first and other sons of that marriage in tail; with remainder to the daughters of the marriage in tail; with remainder to the right heirs of the respondent for ever. But part of the premises were then in mortgage to William Beckford, esq. for securing £5000 and interest.

The respondent not having any issue by his wife, and there being no probability of any, and he being desirous of securing his estate to his niece, Barbara Chetwynd, the appellant's mother, and her issue, and having occasion for £1000 and desiring to be made easy in his circumstances during his life, he, in May 1725, came to an agreement with Walter Chetwynd, esq. deceased, that the said Walter Chetwynd should pay Mr. Beckford £274 19s. due for interest of the said £5000 to the 9th of January then last, and should pay the growing interest thereof, and indemnify the respondent against the payment of the same; and should besides, pay the respondent £1000 to supply his occasions, (all which monies were, by the agreement, secured to be repaid in all events, with interest,) and should, after the respondent's death, pay any sum not exceeding £5000 to such persons and in such manner as the respondent should, by deed or will, direct; and that in consideration thereof, the respondent should settle and convey all his said manors, lands, and premises, (charged, and chargeable as aforesaid,) to such uses, and in such manner, as after-mentioned, for the benefit of the said Walter Chetwynd and his family.

In pursuance of this agreement, the respondent Henry Fleetwood, by indentures of lease and release, dated the 1st and 2d of June 1725, did convey and assure to the respondent William Chetwynd and John Wightwick, deceased, and their heirs, all and every the manors, messuages, advowsons, tithes, fisheries, lands, tenements, and hereditaments therein particularly mentioned; and also all and singular other the manors, messuages, lands, tenements, [301] tithes, burgages, rents, advowsons, reversions, and hereditaments whatsoever, of him the said respondent Henry, situate and being in Penwortham, Middleforth, Farrington, Howick, Longton, Haw, Hutton, Preston, Leyland, Inghall, otherwise Ingoll, and North-Meales, or any of them, or elsewhere in the county of Lancaster, to the use of the respondent Henry Fleetwood for life, without impeachment of waste; remainder to trustees to preserve contingent remainders; remainder as to the manor of Howick and other the lands and premises within the parish of Penwortham (subject to the said rent-charge of £400 per ann. to Sarah, the respondent Fleetwood's wife, for her jointure, and subject to the two terms therein mentioned for raising the £2000 for the younger children, and subject to the estates tail limited to the issue of the respondent Fleetwood by the said Sarah his wife, as aforesaid) to the respondent William Clayton and Bannister Parker, since deceased, their executors, administrators, and assigns, for the term of 500 years, to commence from the death of the respondent Fleetwood, in trust, within one year after the commencement of that term, out of the rents and profits of the premises, or by leasing or mortgaging the same, to raise any sum not exceeding £5000 to be applied as the respondent Fleetwood should, by deed or will, appoint; and also to raise and pay to the respondent Fleetwood, his executors, administrators, or assigns, all such sum and sums of money, as he or they should pay for or towards the £5000 due to the said William Beckford, or any interest for the same, and for indemnifying the respondent Fleetwood, his executors and administrators, and his and their estates therefrom, and from all costs and charges occasioned by the non-payment thereof; and from and after the determination of the said term, and subject thereto, to the use of the said Walter Chetwynd and Barbara his wife, the appellant's father and mother, for their lives, and the life of the longer liver of them; remainder to trustees to preserve contingent remainders; remainder to the use of such son or sons, daugh-