Page:The English Reports v1 1900.pdf/724

maintenances for younger children of the marriage, in case of issue male, in manner therein mentioned, and subject thereto, to the use of the first and other sons of the marriage successively in tail male; and for want of such issue, to the use of other trustees for 600 years, without impeachment of waste, upon trust to raise £8000 for daughters portions, in case there should be no issue male of the marriage; and after the determination of the said term, to the use of the first and other sons of the body of the said Francis Smith, otherwise Carrington, on the body of any after taken wife begotten, severally and successively in tail male; remainder to Charles Smith for life, without impeachment of waste, remainder to his first and other son and sons, severally and successively in tail male; remainder to William Smith for life, without impeachment of waste, remainder to the first and other son and sons of his body begotten, severally and successively in tail male; remainder to the said Francis Smith, otherwise Carrington, and his heirs for ever.

In this indenture there was a power for the said Francis Smith, otherwise Carrington, by any writing executed and attested as therein mentioned, to revoke all the uses before limited to his first and other sons by any after-taken wife, and the heirs male of their bodies, and to the said Charles and William Smith, and their first and other sons respectively, and their respective issue male, and all the uses and estates subsequent in point of limitation to the term of 600 years; and by the same, or any other writing or writings so executed and attested, to limit and appoint any new or other uses and estates, subject to the like power of revocation and new limitation, or without, or otherwise. And also a general power for the said Francis Smith, otherwise Carrington, with the consent of the said Mary Englefield, and the trustees of the 500 years term, by any deed or deeds to be inrolled, executed and attested as therein mentioned, to revoke all the uses and estates therein before limited; and by the same, or any other deeds or writings to be so executed, attested, and inrolled, to limit and appoint any new or other uses or estates, with such power of revocation and new limitation, or without, or with any other or others.

The marriage was soon after solemnized; and there being no other issue of it than one daughter, namely, Mary Teresa Carrington, and Mr. Carrington having become greatly involved in debt, by indentures of lease and release, dated the 12th and 13th of October 1748, made between the said Francis Smith, otherwise [488] Carrington, and Mary his wife, of the one part, and Lord Cadogan, and Sir Henry Englefield, of the other part; reciting the settlement, and the general power of revocation therein contained, and that the said Francis Smith, otherwise Carrington, was considerably in debt, and could not pay off the same, otherwise than by selling all or the greatest part of the manor of Ashby Folevile, and the lands and hereditaments in the county of Leicester, as well those in his possession and under settlement as aforesaid, as those late in reversion expectant on the death of Ann Viscountess Carrington, who was then lately dead; it was witnessed, that for the considerations therein mentioned, the said Francis Smith, otherwise Carrington, by virtue of the said last mentioned power, and all other powers and authorities enabling him in that behalf, and by and with such express consent and approbation as therein is mentioned, did revoke and make void all and every the uses and estates by the said indenture of the 27th of February 1730, limited concerning the said manor, lands, and hereditaments in the said county of Leicester. And by the same indenture the said Francis Smith, otherwise Carrington, did, for the considerations and with such consent as aforesaid, limit and appoint the said manor, lands, and hereditaments in the said county of Leicester, to the use of Lord Cadogan and Sir Henry Englefield, their heirs and assigns for ever, upon trust to sell and dispose thereof, and to apply the money arising by such sale, for the paying the several sums of money mentioned in the schedule thereunder written, amounting to £30,932 138. 1¾d. and all interest then due and to grow due for the same.

By other indentures of lease and release, of the 13th and 14th of October 1748, the release of five parts, and made between the said Francis Smith, otherwise Carrington, and Mary his wife, of the first part, John Dewes and George Sherwood, of the second part, Lord Cadogan and Sir Henry Englefield, of the third part, Thomas Fitzherbert, Edward Acton, and William Plowden, of the fourth part, and Charles Smith and William Smith, of the fifth part; reciting the settlement and the