Page:The English Reports v1 1900.pdf/725

last mentioned deed of revocation, and that Lord Cadogan and Sir Henry Englefield, in conjunction with the said Mary, wife of the said Francis Smith, otherwise Carrington, had consented to such revocation and new limitation of and concerning the said manor and hereditaments in the said county of Leicester, but upon a previous agreement therein mentioned; it was thereby witnessed, that in pursuance of the said agreement, and for the considerations therein mentioned, the said Francis Smith, otherwise Carrington, did absolutely revoke all and every the uses and estates, in and by the indenture of the 27th of February 1730, limited or appointed of the several manors, lands, and hereditaments in the counties of Warwick and Salop. And in further execution of the said power, and with such consent as aforesaid, he did limit and appoint the said manors, lands, and hereditaments in the said counties of Warwick and Salop, to the use of Lord Cadogan and Sir Henry Englefield, their executors, etc. for the term of 99 years, without impeach-[489]-ment of waste, if the said Francis Smith, otherwise Carrington, and Mary his wife should jointly so long live, upon certain trusts which determine on the death of the said Francis Smith, otherwise Carrington; and after the determination of the said term, and charged and chargeable therewith in the mean time, to such and the same uses, for such and the same intents, and upon such and the same trusts, and with all and every such and the same powers, provisoes, limitations, and agreements, as by the said recited settlement of 1730, were declared, limited, and expressed, concerning the same manors, lands, hereditaments, and premises, as fully as if the same had never been revoked, and as fully and as amply as if the same uses, trusts, powers, limitations, and agreements therein comprised, were there inserted and repeated. And for the more effectual carrying the said agreement into execution, and settling the capital mansion house and other the manors and premises lying in the county of Warwick, which, by an indenture of the 3d of May 1687, were settled or limited to the said Ann Viscountess Carrington for her life for her jointure, and not settled by the said indenture of February 1730, in strict settlement, and which upon the death of the said Anu Viscountess Carrington, which happened on the 11th of May then last, became vested in fee-simple in the said Francis Smith, otherwise Carrington, in possession; and to the end that all other his manors, etc. in the said county of Warwick, might then be settled in manner therein after mentioned; the said Francis Smith, otherwise Carrington, did grant and release unto the said John Dewes and George Sherwood, and their heirs, the said capital mansion house, and the several manors, lands, etc. so settled on the said Ann Viscountess Carrington, by the said indenture of the 3d of May 1687, for or in part of her jointure or otherwise, in the said county of Warwick; to hold the same unto the said John Dewes and George Sherwood, their heirs and assigns, to the use of the said Lord Cadogan and Sir Henry Englefield for 99 years, and after the expiration thereof, to the use of the said Francis Smith, otherwise Carrington, and his assigns for life, without impeachment of waste (except as therein is excepted); remainder to the use and intent, that the said Mary, wife of the said Francis Smith, otherwise Carrington, might have and receive thereout, and out of other the premises therein before limited, a yearly rent-charge of £500 for her life, in manner therein mentioned; and charged and chargeable therewith, remainder to such and the same uses, upon such and the same trusts, to such and the same intents and purposes, and subject and under such and the same conditions, provisoes, limitations, and agreements, as the manors, lands, tenements, and hereditaments comprised in the said recited indenture of February 1730, the uses, trusts, and estates whereof were not therein before revoked, did thereby stand limited and appointed, or as near the same as might be, or as could take effect.

Mr. Carrington on the 31st of January 1748 made his will, and after reciting the settlement of the 14th of October 1748, and the power therein contained for him to revoke and new limit the [490] estate for life so limited to his uncle Charles Smith, and all estates subsequent in point of limitation to that estate; he revoked and made void the estate for life of his uncle Charles Smith, and all and every the estates, uses, and trusts by the same settlement of the 14th of October 1748, limited, declared, or expressed subsequent in point of limitation to the said estate for life of his said uncle Charles Smith: and in case the said testator should die without