Know all, &c. That, &c. Whas I A the wife of the Post-Obit above-bounden A A by virtue of a certain indre bearing date, &c. and made betn the sd A A of the one pt and Obligation. the sd (trustees) of the or. pt now lives separate and apart Recital of from the sd A A her sd husband and follows the busi- separation. ness of making and selling And the sd A A did agree that his sd wife should have and rece all benefit arising thby or by any or. trade or business which she might think fit to follow to and for her own separate use and support therewith and that he the sd A A was not to intermeddle or have any prft or advantage therefrom so as she the sd I A did not and shd not contract any debt or debts for which the psn or effects of her sd husband shd or might be sued charged or incumbered in any manner howsr And it was furr agrd that the sd A A shd enter into the above-written obligation with the condon hereunder-written for making void the same Now, &c. That if the sd A A do and shall from time Condition. to time and at all times during the natural life of the sd I A permit and suffer the sd IA to live separate and apart from him and to have and rece all profit bent and advantage arising or which shall arise from her sd trade or business of making and selling or any or. trade or business which she shall follow or employ herself in to and for her own separate use support and maintenance witht any acct suit trouble or molestation whatsr and witht acting or doing or causing or permitting to be done any act matter or thing whatsr whby or wherewith or by means or occasion whereof the sd I A shall or may be molested or incumbered by any ways or means whater or if the sd A A his hrs exs or ads or his or their lds or tents goods and chattels shall at any time or times hraftr be sued attached or orwise charged or incumbered for or by reason or means of any debt or debts which his sd wife hath contracted or shall or may contract Then and in either of the sd cases this obligation to be void orwise, &c. A Post-Obit Bond. Obs. 1. A post-obit bond is a security for the payment of a Definition. greater sum than the sum advanced, where either the payment depends upon a contingency, or, the payment being certain, the time of payment depends upon a contingency. This is a security of a questionable nature, the validity of which has often been disputed with success in a court of equity, where inadequacy of price is deemed to be a sufficient ground for affording relief against such bonds; Gowland v. De Faria, 17 Ves. 20. 2. As a post-obit bond is a bond for a sum certain, or at a time that may be rendered certain, and is therefore a matter of computation, it is held that it does not come within the stat. 8 and 9 Wil. For quiet ment. Stamp. Obligation. Recital of contract for purchase. considera III. c. 11, s. 8; but within the stat. 4 and 5 Anne, c. 16, s. 12 ; 3. As to the stamp on the payment of a certain sum, see Obs. Bond for Payment of Money. Know all, &c. That, &c. Whas the above-named (obligee) hath contracted and agrd with the abovebounden (obligor) for the purchase of the sum of £ — to be pd to her the sd (obligee) her exs ads or ass in the event of A B departing this life in the lifetime of the sd (obligor) but not orwise at or for the price or sum of Payment of £. And whas in performance of the sd recited contract she the sd (obligee) hath pd the sd sum of £ — of lful, &c. unto the sd (obligor) at or before the sealing and delivery of the above-written obligation the rect and paymt whof accordingly the sd (obligor) doth hby Agreement acknge And whas upon the treaty for the purchase of the sd contingent sum of £ it was agrd that the paymt thof shd be secured by among or. secties the bond of the sd (obligor) with the condon, &c. tion. to give bond. Condition. Obligation. Recital of contract for purchase. defect in Now, &c. That if the sd A B shd depart this life in the lifetime of the sd (obligor) Then and in such case if the sd (obligor) his hrs exs or ads do and shall well and truly pay or cause to be pd unto the sd (obligee) her, &c. within calr mths next after the dece of the sd A B as afd the sum of £ - of, &c. Or in case the sd (obligor) shall happen to depart this life in the lifetime of the sd AB Then, &c. Bond from a Vendor of an Estate and his Surely for quiet Enjoyment, free from all Incumbrances, the Estate being subject to the Payment of Portions under a Marriage Settlement. Know all, &c. That, &c. Whas the above-named (obligee) hath contracted with the above-bounden (obligor) for the absolute purchase of all, &c. and the inhance thof in fee simple exonerated and discharged from all incumbs whatsr (except a yrly quitrent of Obligation. per acre) for the price or sum of £ And whas upon Recitals of investigating the title of the sd (V) to the sd heredts it hath been discovered that the same are subject to the payment of certain sums of money for the portions of the younger sons and daurs of the sd (V) and M his wife by virtue of certain indres of, &c. And whas the sd (son) is an inft under the age of 21 yrs and is therefore incompetent to release the sd purchased preses and it is possible that there may be issue hraftr born of the Agreement ed (V) and M his wife And whas upon the treaty for the sd purchase in conson of the preses it was agrd that title. to enter into a bond. For quiet the sd (V) and also the sd (surety) as his surety shd by their jt and sevl bond in a sufficient penalty guarantee and secure to the sd (P) his hrs apptees and ass the ment. quiet and peaceable enjoyment of the sd purchased heredts agst all psns whomsr as hnaftr is expssd Now, &c. That if the sd (P) his hrs apptees and ass Condition. shall and do from time to time and at all times hraftr peaceably and quietly have hold and enjoy the sd messe or tent farm lds and heredts as well freehd as copyhd hnbefe reld or orwise assured or intended so to be and rece and take the rents issues and prfts thof witht the let suit trouble hindrance denial eviction interruption molestation claim or demand whatsr of from or by any psn or psns whomsr And also well and effectually saved defended kept harmless and indemnified as well from and agst the portions of the sd younger chln of the sd (V) and M his wife if any there should be as from and agst all former and or. gifts grants bargains sales mtges leases jointures dower (a) right and title of or to dower estates titles chas and incumbs whatsr at any time hnbefe made done exted committed suffered or created by the sd (V) or any or. psn or psns whomsr Then, &c. Bond of Indemnity on the Sale of Part of the Premises held under a Lease against the Rent reserved in the Lease, and for quiet Enjoyment of other Premises, in consequence of a Defect in the Title. Know all, &c. That, &c. Whas (recite two leases Obligation. of different dates granted to obligor) And whas (recite Recital of defect in the title of the second lease) And whas (recite leases. assignment of the leasehold premises from obligor to obligee) And whas upon the treaty for the sale and Agreement the assnment expssd to be made in or by the sd in pt to enter recited indre bearing even date with the above-written into bond. obligation it was agrd that the sd (obligor) shd enter into the sd bond subject to the condon hnaftr contd for making the same void as Now, &c. That if the sd (obligor) his hrs exs or ads Condition. do and shall from time to time and at all times hraftr well and effectually save harmless, &c. such of the sd preses as are comprised in the lease bearing date the are expssd to be assd by the sd indre of assnmt bearing even date herewith And the sd (obligee) his hrs exs, &c. and evy of them of from and agst the sd yrly rent of £ reserved in the sd in pt recited indre, &c. and (a) By the 3 and 4 W. IV. c. 95, the words respecting dower will not be necessary, if provision have been made for it in the conveyance to the vendor. Quiet En- of from and agst all actions, &c. And also if the sc joyment. (obligee) his exs, &c. shall and may at all times and dur Obligation. Recital of surrender. Condition. Obligation. ing the residue of the sd term demised by the sd indre of Bond for quiet Enjoyment of Copyholds, free from Know all, &c. That, &c. Whas the above-named (vendor) and E his wife have on the day of the date hereof surrendered assigned and set over according to law and the customs of the sevl manors of which the preses hnaftr described or some pts thof are held by copies of court roll or orwise All those, &c. and also all thal, &c. and all that, &c. of the sd (vendor) and E his wife situate, &c. except, &c. unto and to the use and behoof of the above-named (purchasers) their hrs and ass for ever Now, &c. That if the sd (P) their hrs and ass shall and do peaceably and quietly hold and enjoy all and singr the above-mentd preses with their and evy of their apts (except as before excepted) free and clear of and from all former and or. bargains sales surrenders forfeitures chas debts and incumbs whatsr had made done committed or suffered by the sd (V) and E his wife or either of them or by any psn or psns claiming by from or under the late father of the sd E And also that if the sd (V) and E his wife and evy or. psn or psns having or lfully claiming any right title or int in the before-mentd heredts and preses or any pt thof (except as before excepted) by from or under them or either of them or by from or under the late father of the sd E shall and will during the space of yrs now next ensuing at the cost and charges of the sd (P) their hrs and ass make do and exte such furr surrender or surrenders and or, assurances whatsr for the better conveying and assuring of the sd heredts and preses and evy pt thof (except as before excepted) unto and to the use of the sd (P) their hrs and ass as by their or any either of their counsel shall be lfully advised and required Then, &c. Bond to Repair a Road. Know all, &c. That, &c. Whas the above-bounder (obligors) have contracted and agrd with the sd (trus tees) above-named at their own costs and chas (aided Repairing a Road. Recital of contract. The condition therefore of the above-written obliga- Condition. tion is such That if the above-bounden (obligors) their exs ads or ass shall at their own proper costs chas and exps (aided by the statute duty) from time to time and at all times when and where needful during the sd term of yrs well and sufficiently uphold maintain repair support cleanse and keep the sd pt of the sd road hnbefe described and evy pt thof and all and singr the drains ditches and conduits adjoining or belonging to or under the same with all and all manner of needful repairs amendments and works whatsr And also do and shall at their own expense find and provide good and sufficient materials and tools for the purps afd to the satisfaction of the (trustees) or such psn or psns as they shall appt according to the true intent and meaning of the sd contract and of these prests And if at the end or or. sooner determination of the sd term of yrs they the sd (obligors) shall and do leave the same |