:- ^-t. (P ,-^J^', °c ^** •' ■ >* o. °-o. ^^'-^^^ . i^-'.' ^0 ">_ *r^.»* ^'?-^ <^- '^T"^^^^.' -0 ° ^^ '<> *-^,1" .^^ ^ J^ ^-^^K "h ^ :^: - ■^^..♦^- /^^"v \v.^* :^Ia"« ^--^^a' sss V^^ i^^\.^^ .HO, 14. ^^^^^ ^^^^ ^i "i-' % u '^^ ^J= - -f. **^/' *^^<' '""o ' 'V ^?' %^ S>''^. A^ ^ ,? Titles Estates Interests Powers Authorities and Agreements of^ti^e ^'o- me hereunto in any way enabling I do hereby charge and subject such part of the said Province and three Lower Coun- tys and Premises as I have any power to charge or subject to and with the payment of two several Yearly Sums of lawM money of ^reat Britain severally and respectively to be payable and paid to my said Dear Wife and her assigns after my decease for such several and respective Terms and continuances as herein- with £ioo^^^ after mentioned (that is to say) one clear yearly Sum of one hun- Penn for Life dred pounds of lawful Money of Great Britain to be payable 68 and paid to her by quarterly payments from and after my decease for and during the whole Term of her natural life whether she morf '"wring ^^^^^ °^ ^°^ ^^^^^' ^Y dcceasc be married to any other husband hood?a'laf ^°^ °^® ^^^^^^ additional clear yearly Sum of two hundred ofDower pouuds of lawful mouey of Great Britain to be payable and paid to her by quarterly payments from and after my decease for and during so much of her natural life only and for so long as she shall remain and continue my Widow and unmarried to any other Husband the same to be severally and respectively in lieu and Barr of Dower my intention being that she shall in all events have a provision of one hundred pounds a year during her whole life but that during her continuance as my Widow that provision should be enlarged and made up to three hundred pounds a year as is aforesaid And I do direct that such pro- vision be duly regularly and punctually paid to her after my decease by the person or persons who shall receive the Rents and By Articles ^^^^^^ °^' ^^ ^^^^'^^^ ^^^'^ ^^ *^^^ ^aid proviuce lower Countys ■ Ymmlr^'' ^^^ premises or such other person or persons to whom it may utief To "" ^^^°°S to pay the same whereas by virtue of the first before £3000 mentioned Articles of Agreement made in one thousand seven hundred thirty and two my younger children are entitled to a Sum of three thousand pounds of lawful money of Great Britain also out of my said fourth part of the said province of Pen- silvania and whereas tw^o of my younger Children who were living at the time when my said late Brother John Penn made his Will and Dyed have money Legacies given to them by his Will to the amount of two thousand pounds each or there- abouts NOW I do hereby Will and direct that the before men- tioned Sum of three thousand pounds be forthwith raised and paid unto my said English Executors to be by them disposed of for the benefit of all my younger Children which I shall leave at the time of my decease in manner hereinafter inentioned that is to say the sum of two thousand pounds (part thereof) to be paid to my Youngest Son William Penn (who is lately born since the decease of my said late Brother) in order to make him equal with my other younger Children who had Legacys given to them by my said late Brother and the residue of such three thousand pounds to be equally divided amongst my said Son William Penn (in case lie shall survive me) and all other the younger children which I shall leave at the Time of my decease share and share alike to each or entirely to one younger Child of mine if at my decease I shall leave but one such younger child And it is my Will that my said English Executors shall l^^ f^^^^°^^^ invest the said Sum of three thousand pounds or any part or Ijj^^if h;^""*'' parts thereof when and as the same shall come to their hands chM^en en- in some of the publick Stocks Funds or securities in Great ^^'^f'^i^^es Britain at their discretion and in their names until my younger Children or their representatives shall become intitled to their respective shares thereof and in the mean time that the Interest for such three thousand pounds which shall be paid from my fourth part of the said province and lower Countys or which shall arise from such publick Stocks Funds or Securitys after the same shall be bought and purchased shall be paid half yearly or as the same shall come in for the Maintenance and Liberal Edu- interest for cation of my younger Children which I shall leave at my decease '^^"^*'^°'^'^^® unto such person or persons as shall from time to time support maintain and take care of them which person I desire may be my said dear Wife for so long time as she shall make it her own choice' I Give devise and bequeath unto my said American ^fj'lZTic^r, Executors and to the Survivors and Survivor of them and to Executors the Heirs Executors Administrators and Assigns of such Sur- vivor severally and respectively (according to the nature of the Estates and other matters and things hereinafter mentioned) all and every my private and particular rights to any Manors aii his prf- Tracts Lands Tenements or Hereditaments or to any shares or Manors and parts of any Manors Tracts Lands Tenements or Hereditaments ^''^"^yj^^j within the Province of Pensilvania aforesaid and the three three lower Counties lower Countys of Newcastle Kent and Sussex upon Delaware in America or within any of the same and also all and every my - proprietys and shares and parts of proprietys and all my rights and Titles to all and every of the Lands taken up or to be taken up in the Province of New Jersey in America (whether in the L^nds in Eastern or Western division of the same province) as well such RevokediTes 70 as were or are originally my own as also such as were given to me by the Will of my said late Brother John Penn and all my Estate Eight Title Interest Inheritance property Share claim and demand in and to all and every the same and all rents o? nu:r" 'iiKl arrears of Rents Issues and Profits due and to grow due rev,>K-ecn768for the Same To have and to hold all the same unto my said American Executors and to their Heirs Executors Adminis- trators and Assigns for ever UroN Trust to collect the out- standing Rents Arrears Issues and Profits and also to proceed to sell and to make sale of and to convey away and to execute Conveyances for all and singular my said private and particular Rights Manors Tracts Lands Tenements and Hereditaments and also my said proprietys Shares and parts of proprietys and Rights and Titles to the said Lands and all my Inheritance Estate and Interest in the same altogether or in parcels and even in small parcels and by vendue if it shall to them seem con- venient and advantageous for my Estate in the most speedy manner to the best purchaser or purchasers upon the best terms and for the best price and prices that can reasonably be gotten «.f ]ZLe ^^'' ^^^^ ^""^^ ^^^ ^PON FURTHER Trust to remit all the nett lisi^Ex'ec^: P^od^^e of such Sales and also the rents and profits of the said tor. premises until sale and sales in the best and most advantageous manner for my Estate and in the most speedy and secure way unto my before named English Executors to be by them dis- posed of in such manner as is hereinafter directed And it is American my Will and I do hereby direct authorise and impower my said in Mouoy due American Executors or Trustees or any two of them faltho' all Sn America i> .1 • i ,i m , , ot the said three Trustees should be then living) or any one of them (altho' two of them should then be living) and also the Survivor of the said three Trustees and his Heirs Executors and Administrators severally and respectively according to the several and respective matters and things to proceed forthwith to call in any Moneys due to me in America upon private Bonds Notes or Securitys and also to proceed to the most speedy Sales either entirely or in parcels or by vendue and even in small parcels if to them it shall seem necessary of all and every part of the 71 said Lands hereinbefore given devised or bequeathed to them as aforesaid and of all my Inheritance Estate and Interest therein unto the best purchasors and for the best prices that may rea- sonably be gotten for the same and to perfect and compleat the Titles and make up the Sales and Conveyances of all and every such parts thereof as may have been contracted or agreed to be sold and to take and receive and to give good discharges and releases for the purchase Moneys or the residue of the purchase Moneys to arise therefrom and to remit forthwith and from time ^'„™y{oEn. to time the nett proceeds of all the same and likewise all the si'^ii ^xors nett rents Issues and profits of the said Lands until Sale unto my English Executors for the time being to be considered as part of my English Personal Estate and to be disposed of by my said English Executors in such manner as hereinafter is directed AND for the greater ease of my said American Trustees in the Sales hereinbefore directed to be made or compleated and for the better Security of any persons who may purchase or take Titles from them my said American Trustees or any of them I do hereby declare my Will to be that no purchasor from my said AmeHcan^ Trustees or from any two or one of my said Trustees in manner chlf^^^lo '^' as before mentioned shall be in any sort subject or lyable to any p^''^'^^^^" trouble loss demand or Question on Account of the disposition or misapplication by any of my said Trustees of any part of the said purchase Moneys (if that should ever happen to be the case) but that the Conveyances to be made of all or of any of the said Lands from my said Trustees or Trustee in such manner as aforesaid together with the receipts to be given by them or him the said Trustees or Trustee for the purchase Moneys shall be absolute discharges for the same to all such purchasors and their Representatives against me and my Heirs Executors and Administrators and against all persons claiming or to claim by from or under me And as to all or so much of the publick and general rents Quit rents Arrears Purchase Moneys Issues and ^"^^ '■''''*^ *" Profits of the said Province of Pensilvania and of the said three lower Countys of Newcastle Kent and Sussex upon Dela- ware in America as shall belong to me at my decease either in 72 respect of my own original fourth part of the same province and lower Countys or in respect of any other part or parts or of the whole of the same province and lower Countys which I may chance to dye in possession of and which shall appear upon the Face of the Receiver General of Pensilvania his accounts which shall be made up to and for the Quarter day next ensuing after the time of my decease to have been by that time actually collected received and gotten in and in such Receiver General's the' Roieivw hauds It is my Will that the same shall be forthwith and in remitted ° to the most advautagcous and secure manner for my Estate re- °^ ^° mitted to Great Britain to my said English Executors to be con- sidered also as part of my English personal Estate and to be by them disposed of as hereinafter mentioned and directed And as to all Sums of Money any way arising from America and belong- ing to me at my Decease which shall have been collected and gotten in by the Receiver General or any other Collectors at any time before the next Quarter day after my decease whether the same shall at such time remain in any such Collector's or Re- ceiver's hands or be then invested in Bills or in Goods or Effects in order for returns to Great Britain or whether the same shall then already have been sent for Europe or to any other part of America in order to returns for Europe or whether the same shall be actually returned to and in the hands of any Merchant or Factor in Great Britain It is my Will that all such Sums of Money and the produce of the same shall be forthwith paid sent and remitted by the best most speedy and most secure ways and in the most advantageous Manner for my Estate that may And consid- j^g ^j-^^q j^y gaid English Executors to be likewise considered as ered as Eug- •' ° ush Personal pr^j.^ of my EugHsli personal Estate and to be by them disposed of as hereinafter mentioned and directed and as to any remain- ing Arrears of Rents Quit Rents Fines purchase Moneys Issues and profits to be due in respect of my own original fourth part of the same province of Pensilvania and three lower Countys or of any other Share or part of the said province and lower Countys to belong to me at the time of my decease but shall not collected not be collected received or gotten in by the Quarter day next 73 after my Decease but at some future time or times thereafter It is my Will that whether the same shall arise in respect of my own original fourth part of the same Province and lower Coun- tys or in respect of the shares or parts of both or either of my Brothers in the said Province and lower Countys which I may chance to dye in the possession of all such remaining uncollected arrears when from time to time gotten in and received in America shall be accounted and esteemed as the Current Profits then at ^^ ^^ ^^ ^^^^ such time and times arising and shall belong to and be taken i™^°en£- held and enjoyed by the person or persons for the time being then share of the in possession of my own fourth part or of the said other parts of the said province and three lower Countys respectively as if the same had really grown all due during the very time that they had been entitled to and in the possession of my said fourth part of the said Province and lower Countys or of such other part or parts of the same province and Countys And I do hereby declare my Will as to all the several Moneys which f^^^ t^^^^X^'i are hereinbefore directed to be remitted to my said English Ex- *^^Sort ecutors (except only as to the said particular Sum of three j,^^^^*^^^^; thousand pounds touching which I have already given direc- ^y^X''""*^ tions) and likewise as to all the rest residue and remainder of my personal Estate whatsoever and wheresoever not herein otherwise disposed of that my said English Executors do and shall forthwith by and out of all the same pay all my just debts of debSTTe- and the charges of my Funeral and retain and keep in their ^^^^^ el°ch^""' own hands to each of them my said English Executors and to each of them my said American Executors the Sum of Fifty guineas (which I desire their acceptance of as a Token of my reo-ard for them) and do also from time to time deduct retain and keep in their own hands their costs and Charges in the Ex- M^Quineas^^ ecution of the Trusts of my Will and do and shall pay unto ^'^'Sr'g^ my said dear AYife out of the first and readyest parts of my and pay Estate which shall come to their hands immediately after my decease the Sum of one hundred pounds of lawful money of Great Britain and my AVill further is that my said English Executors do and shall from time to time invest such moneys as 74 shall come to their hands by any such means as aforesaid (ex- cept the said Sum of three thousand pounds) or so much thereof as from time to time may be conveniently spared after answering the several purposes before mentioned in the purchase of some of the publick Stocks Funds or Securitys in Great Britain at their discretion and in their own names and that they do and "iTmeto'^' '''shall pay and apply the then whole Interest and dividends of yo^Inl;'"" '" all such publick Stocks Funds or Securitys (or so much thereof Children ^^ ^j^^^ shall think reasonable) in equal shares and proportions for the Maintenance and liberal Education of my younger chil- dren which I shall leave behind me at my Decease during their respective infancys but not to exceed for each younger Child the Interest or profits of such share which from time to time may be designed for each of my younger Children respectively then living the same to be paid unto such person or persons as shall from time to time have the care and charge of them And my ami tiie Will further is that all the Capital moneys so to be invested in publick Stocks Funds or Securitys and the Stocks Funds or Secu- ritys wherein the same shall be invested and the surplus and savings of the Interest of the respective shares and proportions thereof shall belong and be transferred assigned paid and de- livered over unto such my Younger Children or Child as I shall leave at my Decease in the manner and at the several and reT J°Sour"t"li' spective times following (that is to say) to such of them as shall Daugh'ters'at be Sous at their respective attainments of the Age of Twenty riago"^wtth'^ one Years and to such of them as shall be daughters at their consent &c ^.q^^t^qq^i^q attainments of the age of twenty one years or Mar- riage with their Mother's full consent (if living) or with their Uncle Thomas Penn's full consent (if she shall be then Dead and he shall be then living) which shall first happen and the several shares of such of my said younger Sons as shall dye under Age and of such of my said daughters as shall dye under Age or as shall marry under Age without such consent as afore- shares to g^id shall survivo and belong to the rest of my Younger Chil- case oiDeath dren at the like time or times as they or he or she shall respec- tively become entitled to their or his or her original Shares and 75 if I shall have but one Younger Child who shall be so intitled The whole to J.1 1 11 in 11 "^"^ younger then the whole shall belong to such my one younger Child but Chiid if no one younger Child of mine shall live to become entitled thereto then the same shall belong to my Eldest Son for the time if none, to , . , , . _ , ° -^ Eldest Son being and to his Executors Administrators and Assigns Pro- vided ALWAYS that whereas I have at present only three Younger Children, that is say, a Daughter Hannah Penn and two Sons Richard Penn and William Penn and have hereinbe- fore declared my intention to make their Fortunes equal in such tv^^ to^ue^" way and manner as is hereinbefore directed Now I declare that '"'"^*' ^'^"''^ I have the same full intent and meaning with respect to any more younger Children or any other younger Children which I may chance to leave at my decease, that is to say, that in all Events every one of the younger Children which I shall leave at my Decease may be made equal as to their Fortunes or money portions one with the other And in order thereto it is my express Will notwithstanding any matter hereinbefore contained that each one of such my younger Children shall have so much and such a Share only out of my Personal Estate to be so as aforesaid put into the hands name or power of my said English Executors as together with any Money Legacys already given or at any time hereafter in my life time to be given to them or to any of them by the Wills of both or of either of their Uncles the said John Penn and Thomas Penn who shall be dead at the time of my decease shall make their Money Lega- cies or Portions or fortunes equal And accordingly I do hereby give full power and Authority to my said English Executors to apportion and divide the Capital and also the dividends and Interest of what shall come to their hands for my younger Chil- dren out of any part of my own Estate in such mannor among the younger Children which I shall happen to leave at my de- cease that each one of them may possibly become intitled (except in Case of Forfeiture by the Marriage of any my Except in Daughter or Daughters without such consent as aforesaid) to aHage°of '"^" like Money Legacy with each other of them reckoning and in- wtlfourcon- cluding in the account all the Money Legacys given or to be *^° 10 76 given to all or to any of them by the Wills of both or of either of their said Uncles John Penn and Thomas Penn who shall have dyed before me as well also as all the Money Legacys given or to be given to all or to any of them by this my Will • And I give devise leave appoint and dispose (in virtue of all the Estates Rights Powers and Authorities whatsoever me thereunto fourth '"part enabling) all my own one fourth part of the Fee simple and In- vLce'" ^"* heritauce of the said Province of Pensilvania and of the said three lower Countys of Newcastle Kent and Sussex upon Dela- Avare in America and of the Lands Tenements Quit Rents other Rents Hereditaments Royaltys Franchises Priviledges and Ap- purtenances any way belonging to the same Province and three lower Countys and to every or any of them and of the Royal Franchise of the Government of the same Province and of the Government of the same three lower Countys and all my Inheri- tance Estate Right Title Interest and power into and over the same and every or any part thereof in the following manner, Penn for Life that is to Say, uuto my said Elder Son John Penn for and dur- ing the Term of his natural life without Impeachment of or for any manner of waste whatsoever and from And after the to^'Trustees determination of that Estate unto my good Friends Thomas Contfugert Hyam and David Barclay of London Merchants and their romrs Hcirs during the natural life of my said Son John Penn But upon Trust only to support the Contingent Uses or Estates here- inafter limitted from being destroyed or defeated and to do all lawful acts and things in order to that end and from and after Remr to his the decease of my said Son John Penn Then unto the first Son first Son in '' Tail Male of the Body of my said Son John Penn lawfully begotten or to be begotten and the heirs Male of the body of such first Son Eemr to his lawfully issuiug and in default of such Issue Then to the second Second and •' ° "t^jpr Sons in third fourth fifth and all and every other Son and Sons of the Tail Male •' body of my said Son John Penn lawfully to be begotten sever- ally and successively the one after the other as they shall be in Seniority of age and Priority of birth and the several heirs Male of the several and respective body and bodys of all and every such Son and Sons respectively The Elder of such Sons 77 and the heirs Male of his body being always preferred and to take before the younger of the same Sons and the heirs Male of his or their body or bodys and in default of such Issue Then unto my said Second Son Richard Penn for and during the Term Remr to ri- of his natural life without impeachment of or for any manner of waste whatsoever and from and after the determination of that Estate unto the said Thomas Hyam and David Barclay Remr to and their heirs during the natural life of my said Son Richard preslrvecon" Penn but upon Trust only to support the contingent uses or '°^ Estates hereinafter limitted from being destroyed or defeated and to do all lawful acts and things in order to that End and from and after the decease of my said Son Richard Penn Then unto the first Son of the body of my said Son Richard Penn IrTand o"! lawfully to be begotten and the heirs Male of the body of such Taii Mail ''' first Son lawfully issuing and in default of such Issue Then to the second third fourth fifth and all and every other Son and Sons of the body of my said Son Richard Penn lawfully to be begotten severally and successively the one after the other as they shall be in Seniority of age and Priority of birth and the several heirs Male of the several and respective body and bodys of all and every such Son and Sons respectively The Elder of such Sons and the heirs Male of his body being always preferred and to take before the younger of the same Sons and the heirs Male of his or their body or bodys and in default of such Issue Then unto my said third Son William Penn RemrtoWii. and the heirs Male of his body which Limitation I the rather TaiTMare" '" make to him and the heirs Male of his body in a manner dif- ferent from the Limitation to my two Elder Sons respectively in regard that I would have him have the like Estate in my own Quarter part of the same Province and three lower Countys as he may have in my late Brother John Penn's Moiety of the same Province and lower Countys by vertue of his Will and Intail of the same which was made before my said Son William Penn was born And in default of such Issue Then unto all and every other the Remr to ev- Son and Sons of my body lawfully begotten or to be begotten in^Taa%^aie severally and successivel'y the one of the other as they shall 78 be in Seniority of age and priority of birth and the several heirs Male of the several and respective body and bodys of all and every such Son and Sons respectively The Elder of such Sons and the heirs Male of his body being always preferred and to take before the younger of the same Sons and the heirs Male of his or their body or bodys And in default of such Issue maTpoun for Then unto my said Brother Thomas Penn for and during the Term of his natural life without Impeachment of or for any manner of waste whatsoever and from and after the determina- tion of that Estate unto the said Thomas Hyam and David Barclay and their heirs during the natural life of my said Brother Thomas Penn but upon Trust only to support the con- tingent uses or Estates hereinafter limitted from being destroyed or defeated and to do all lawful Acts and things in order to that end and from and after the decease of my said Brother fsHm/othJ? Thomas Penn Then unto the first Son of the body of my said Male '° ^'"' Brother Thomas Penn lawfully to be begotten and the heirs Male of the body of such first Son lawfully Issuing and in default of such Issue Then unto the second third fourth fifth and all and every other Son and Sons of the body of my said Brother Thomas Penn lawfully to be begotten severally and suc- cessively the one afier the other as they shall be in Seniority of age and priority of birth and the several heirs Male of the several and respective body and bodys of all and every such Son and Sons respectively the Elder of such Sons and the heirs Male of his body being always preferred and to take before the younger of the same Sons and the heirs Male of his or their body or bodys and in default of such Issue Then unto the heirs 'iTohtr ''''^'' *^^ ^^^^ body of my said Son John Penn and in default of such Remr in Tail Lssue then uuto the heirs of the body of my said Son Richard gpnl to Kicli- J J ani Penn And in default of such Issue Then unto the heirs of the Remr in Tail body of my Said Son William Penn and in default of such Issue Genl to Wil- J J Ham Then severally successively and respectively unto the heirs of Remr in Tail the body and bodys of all and every other the Son and Sons of Qenl to any J J j othor Sons my body severally and successively and in default of such Issue D^u^uter Then unto my said Daughter Hannah ^eun for and during the 79 Term of her natural life without impeachment of or for any Hannah for manner of waste whatsoever and from And after the determina- tion of that Estate unto the said Thomas Hyam and David Barclay and their heirs during the natural life of my said daughter Hannah Penn but upon Trust only to support the contingent uses or Estates hereinafter limitted from being de- stroyed or defeated and to do all lawful acts and things in order to that End And from and after the decease of my said Daughter Hannah Penn Then unt6 the first Son of the body of my said Remr to her Daughter Hannah Penn lawfully begotten or to be begotten and othev^sons in the heirs Male of the body of such first Son lawfully Issuing and in default of such Issue Then to the second third fourth fifth and all and every other Son and Sons of the body of my Remr to the said Daughter Hannah Penn lawfully begotten or to be begotten sociy of nln^ severally and successively the one after the other as they shall ^^^ be in Seniority of age and priority of birth and the several Heirs Male of the several and respective body and bodys of all and every such Son and Sons respectively the Elder of such Sons and the heirs Male of his body being always preferred and to take before the younger of the same Sons and the heirs Male of his or their body or bodys and in default of such Issue Then unto the heirs of the body of my said Daughter Hannah Penn and in default of such Issue Then unto the heirs of my body and in default of such Issue Then unto the heirs of the body of my said Brother Thomas Penn and in default of such Remr to Tho- Issue Then unto my Niece Philadelphia Hannah Freame (only Tail Geni surviving Child of my late Sister Margaret Freame) for and Remr to Miss during the Term of her natural life without impeachment of Life or for any manner of waste whatsoever And from and after the determination of that Estate Then unto the said Thomas Hyam and David Barclay and their heirs during her natural life but upon Trust only to support the contingent uses or Estates here- inafter limitted from being destroyed or defeated and to do all lawful Acts and Things in order to that End and from and after her decease Then unto the Frst Sou of the body of my said Remr to 1st Niece Philadelphia Hannah Freame lawfully to be begotten and ,*°t^u Mall tlie heirs Male of liis body laAvfully issuing and in default of such Issue Then unto the second thii-d fourth fifth and all and every other the Son and Sons of the body of my said Niece Philadelphia Hannah Freame lawfully to be begotten and the heirs Male of their several and respective body and bodys severally and successively the one after the other as they shall be in Seniority of age and priority of birth the Elder of such Sons and the heirs Male of his body being always preferred and to take before the younger of the same Sons and the heirs Male of his or their body or bodys And in default of such I'^emtoHens Igs^c Then uuto the heirs of the body of the said Philadelphia Hannah Freame and in default of such Issue Then unto my s^rin'ett Grreat Nephew of the half blood Springett Penn for and during Penn for Life \y[g natural life without impeachment of or for any manner of waste whatsoever And from and after the determination of that Estate Then unto the said Thomas Hyam and David Barclay and their heirs for and during the natural life of the said Springett Penn but upon Trust only to support the contingent uses or Estates hereinafter limitted from being destroyed or de- feated and to do all lawful Acts and things in order to that End And from and after the decease of the said Springett Penn then itnnd*other ^^^^^ ^^^ ^^^^ sccoud third and all and every other the Son and Maio '" ''^"''' ^*^"^ °^ *^® body of the said Springett Penn lawfully begotten or to be begotten and the heirs Male of the several and respec- tive body and bodys of all and every such Son and Sons seve- rally and successively the one after the other as they shall be in Seniority of age and priority of birth the Elder of such Sons and the heirs Male of his body being always preferred and to take before the younger of the same Sons and the heirs Male of his or their body or bodys And in default of such Issue Then Remr to his unto the first sccoud third and all and every other the Son and Sons in Tail Sous of the body of the said Springett Penn lawfully to be be- gotten and the heirs of their several and respective body and bodys severally and successively the one after the other as they shall be in Seniority of age and priority of birth the Elder of such Sons and the heirs of his body being always preferred 81 and to take before the Younger of the same Sons and the heirs of his or their body or bodys And in default of such Issue Then unto the heirs of the body of the said Springett Peun And in default of such Issue Then unto Christiana Gulielma Penn (the Remr to c a half Sister of the said Springett Penn) for and during the Term """^"'^'^^ of her natural life without Impeachment of or for any manner of waste whatsoever And from and after the determination of that Estate Then unto the said Thomas Hyam and David Bar- clay and their heirs during her natural life but upon Trust only to support the contingent uses or Estates hereinafter limitted from being destroyed or defeated and to do all lawful acts and things in order to that End And from and after her De- cease Then unto the first second third and all and every other the ^^emr to her Son and Sons of her body lawfully to be begotten and the heirs Sonrin°TaU Male of the several and respective bodys of all and every such Son and Sons severally and successively the one after the other as they shall be in Seniority of age and priority of birth The Elder of such Sons and the heirs Male of his body being always preferred and to take before the younger of the same Sons and the heirs Male of his or their body or bodys And in default of such Issue Then mito the first second third and all Remr to her and every other the Son and Sons of the body of the said Chris- sonrfn^Tau tiana Gulielma Penn lawfully to be begotten and the heirs of *^^°' their, several and respective body and bodys severally and suc- cessively the one after the other as they shall be in Seniority of age and priority of birth The Elder of such Sons and the heirs of his body being always preferred and to take before the younger of the same Sons and the heirs of his or their body or bodys And in default of such Issue Then unto the heirs of the body of the said Christiana Gulielma Penn and in default of such Issue Then unto my Grand Nephew (of the Half Blood) Eobert RemrtoRobt Edward Fell the only Son now living of my late Niece Gulielma Lif"^'" ^"^ Maria Fell deceased for and during the Term of his natural life without Impeachment of or for any manner of waste what- soever And from and after the determination of that Estate Then unto the said Thomas Hyam and David Barclay and their heirs 82 during tlie natural life of the said Robert Edward Fell but upon Trust only to support the contingent uses or Estates here- inafter limitted from being destroyed or defeated and to do all lawful Acts and things in order to that end And from and after Eemr to bis the decease of the said Robert Edward Fell Then unto the first 1st and otliei" Sons in Tail secoud third and all and every other the Son and Sons of the Male body of the said Robert Edward Fell lawfully begotten or to be begotten and the heirs Male of their several and respective body and bodies severally and successively the one after the other as they shall be in Seniority of age and priority of birth the Elder of such Sons and the heirs Male of his body being always preferred and to take before the younger of the same Sons and the heirs Male of his or their body or bodys And in fs't'and other tlsfault of such Issue Then unto the first second third and all and Gelj ''^ '^^'^ every other the Son and Sons of the body of the said Robert Edward Fell lawfully to be begotten and the heirs of their several and respective body and bodies severally and succes- sively the one after the other as they shall be in Seniority of age and priority of birth the Elder of such Sons and the heirs of his body being always preferred and to take before the younger of the same Sons and the heirs of his or their body or bodys And in default of such Issue Then to the heirs of the body of the said Robert Edward Fell And in default of such Remr to Ma- Issuc Then uuto my Great Niece of the half blood Mary Mar- ti BMronforgaretta (the Eldest Daughter now living of the said late Guliel- ma Maria Fell deceased and now the wife of John Barron of Leeds) for and during the Term of her natural life without Impeachment of or for any manner of waste whatsoever And from and after the determination of that Estate Then unto the said Thomas Hyam and David Barclay and their heirs for and during the natural life of the said Mary Margaretta Barron but upon Trust only to support the contingent uses or Estates hereinafter limitted from being defeated or destroyed and to do all lawful Acts and things in order to that End And from and after the decease of the said Mary Margaretta Barron Then unto the first second third and all and every other the Son and 83 Sons of tliebody of tlie said Mary Margaretta lawfully begotten or Remr to her to be begotten and the heirs Male of their several and respective sons°fn°Taii body and bodys severally and successively the one after the other ^^'^'^ as they shall be in seniority of age and priority of birth the Elder of such Sons and the heirs Male of his body being always pre- ferred and to take before the younger of the same Sons and the heirs Male of his or their body or bodys And in default of such Issue Then unto the first second third and all and every other the Son and Sons of the body of the said Mary Margaretta lawfully ]^';°J^^*° j'®"" begotten or to be begotten and the heirs of their several and Sons in Tau respective body and bodys severally and successively the one after the other as they shall be in Seniority of age and priority of birth the Elder of such Sons and the heirs of his body being always preferred and to take before the younger of the same Sons and the heirs of his or their body or bodys and in default of such Issue Then unto the hears of the body of the said Mary Heirs of the Margaretta and in default of such Issue Then unto my other said Mary great niece of the Half Blood Gulielma Maria Frances (the only other Daughter now living of the said Gulielma Maria Fell deceased and at present the wife of the Reverend John Newcomb Clerk) for and during the Term of her natural life without Im- peachment of or for any manner of waste whatsoever and from Frances New- and after the determination of that Estate Then unto the said ''°'"^ ^°' ^'^^ Thomas Hyam and David Barclay and their heirs for and during the natural life of the said Gulielma Maria Frances but upon Trust only to support the contingent uses or Estates here- inafter limitted from being defeated or destroyed and to do all lawful Acts and things in order to that End And from and after the decease of the said Gulielma Maria Frances Then unto the first second third and all and every other the Son and Sons of the body of the said Gulielma Maria Frances lawfully begotten or to be begotten and the heirs Male of their several and respec- fsHnd other tive body and bodys severally and successively the one after the f^^^^ ^^ "^"^^ other as they shall be in Seniority of age and priority of birth the Elder of such Sons and the heirs Male of his body being always preferred' and to take before the younger of the same 11 84 Sons and the heirs Male of his or their body or bodys And in de- Komr to iior ^"-"1^ of such IssuG Then unto the first second third and all and ?o'H"ili''xui'i ©very other the Son and Sons of the body of the said Gulielma ^'-'"^ Maria Frances lawfully begotten or to be begotten and the heirs of their several and respective body and bodys severally and suc- cessively the one after the other as they shall be in Seniority of age and priority of birth the Elder of such Sons and the heirs of his body being always preferred and to take before the younger of the same Sons and the heirs of his or their body or bodys and Romr to the _ •' '' iifirs of tho iu default of such Issue Then unto the heirs of the body of the body of M •' Fruuces said GuHelma Maria Frances and in default of all such Issue , . Then the remainder in fee unto my own right heirs and their Komr to bis . , ^ & own right hcirs and assigns for ever Provided always and upon condition nevertheless and it is my express will and intent and accordingly casoof Fe- J ^q hereby devise my one fourth part of the said Province and ni lies tho '' ^ -^ ^ eldest 10 take lower Countlcs power franchises Governments Privileges and pre- mises so as that in case upon the failure of all such Issue as aforesaid my own right heirs should be two or more females and likewise in case by means of any of the Limitations hereinbefore expressed to the heirs of the body of any of the several persons hereinbefore named or described any such heirs of the body of any such person or persons shall happen to be two or more females Then and in all and every one of such cases the first or Eldest of such two or more females and she only and solely and the heirs of her body shall have and enjoy the whole of my said fourth part to herself alone and to the heirs of her body without partition or division And on failure of such issue of the first or eldest of such females Then the same shall in like manner succeed and remain whole and entire without partition or division to the second or next eldest of such two or more females and to the heirs of her body and so from time to time in like manner as often Proviso for ^^ ®^®^ ^^^^^ ^^^^ shall happen or any such Limitation shall take the Fema and their [lusbandi take the Penn°^ fourtli part and likewise the several persons marrying with any female who shall be or shall become iutitled by this my Will to 85 my said fourth part shall from time to time when and as they shall become intitled to the same take and use the Surname of Penn and that only and no other Surname therewith and shall also bear the arms of my family And whereas I am now intitled ^rroar, of and may at the time of my decease be intitled to several consid- Jha^eMZeys erable Sums of Money as due and owing to me for arrears of fines '^"'* '"'*' ^° purchase Monies Rents or Quit Rents in Pensilvania and the said three lower Countys of Newcastle Kent and Sussex in respect of my own fourth part of the said province and lower Countys which might in strictness be considered as part of my personal Estate And the several persons who shall successively accordmg to the Limitations in this my Will become intitled to my said fourth part of the said province and Countys may at the times of their respective deaths be also intitled to such arrears of such fines purchase Monies Rents or Quit Rents in Pensilvania and the said three lower Countys as shall have grown due in their respective life times and shall be in arrear and unpaid at the time of their respective deceases And the same might in like manner be considered in strictness as a part of their several and respective personal Estate But for as much as in the nature of the said Estate the said arrears to be due at my own death and likewise those to be due at each successive proprietors death must be collected and gotten in from time to time by the Receiver General and other publick officers of the said Province and lower Countys along with the growing Rents Quit Rents fines and pur- chase Monies which shall from time to time arise and grow due there and must be generally accounted for in one and the same general account to be rendered of the produce and income from time to time And for that it would be attended with the greatest difficultys and inconveniencys and would create many contests to have the said general accounts unravelled in order to a dis- cussion what parts of each particular Sum grew due either in my own life time or in the life time of any particular successor and what part thereof grew due after the decease of eacli particular person dying possessed And the same might intail perpetual Suits and Questions between the Executors of the person last 86 dying seized and the next successor as to the said general accounts Therefore for the sake of avoiding such infinite mischiefs I have al- ready given unto my English Executors (for the several purposes hereinbefore expressed) amongst other different things only my share and shares of such Moneys which shall be in the receiver general of Pensilvania his hands on the next Quarter day after the time of my decease as the same shall appear upon the face of the account which he shall send to England according tothe usual cus- tom AND I do hereby give devise will bequeath and direct That all such shares of the arrears fines purchase Moneys Rents and Quit Rents arising in Pensilvania and the said three lower Countys of Newcastle Kent and Sussex as shall be due to me at my own decease in respect of my fourth part of the said province and lower Countys and as shall not be collected and gotten in by the receiver General of the said province and countys and accounted for in his account to be made up as aforesaid for the next Quar- ■ ter day after my decease and likewise that all such shares of the same or of any future fines purchase moneys Rents and Quit Rents arising from time to time in Pensilvania and the said three lower Countys in respect of my fourth part of the same province and lower Countys during the several and respective life times of the persons severally and respectively to whom I have herein- before limitted my said fourth i)art of the said province and lower Countys and which shall not be collected and gotten in by the Receiver General and accounted for in his account which shall be made up as aforesaid for the next Quarter day after the decease of each and every such person respectively who shall successively by vertue of this my Will become intitled to my said fourth part shall from time to time remain go and belong along with my fourth part of the said province and lower Countys to the person from time to time who shall next succeed according to this my Will to the possession of my fourth part of the same province and lower Countys and in whose time the same shall be collected and gotten in To the .intent and purpose that so much of such arrears as shall be collected and gotten in as aforesaid during the life of each suc- cessive person when intitled or so soon after his or her death as 87 by the next Quarter day after his or her decease may be considered as if the same had been Rents and profits Avhich had grown due in his or her own life and which he or she had therefore clearly been intitled to altho' perchance some of the same may have been due and in arrear many years before he or she became intitled to the possession of my said fourth part of the said pro- vince and Countys And to the further intent also that from time to time all such arrears of such matters as shall not be collected or gotten in within the life time or so soon as by the next Quarter day after the decease of the several persons successively to be intitled according to this my Will to the possession of my fourth "" part of the said province and Countys may and shall remain over to the benefit of the next taker of my said fourth part in whose life time or before the next Quarter day after whose decease the same may chance to be collected or gotten in any thing in this my will contained to the contrary thereof in any wise notwith- standing And whekeas by vertue of the will of my said late Bro- Recital of the ° •' . ^ '' will of John ther John Penn I may possibly become intitled in my life time p^^^ to the possession of his late Moiety of the said province of Pensil- vania and three lower Countys and in such case I may at the time of my decease be intitled to sundry arrears of fines pur- chase Moneys Rents and Quit Rents in Pensilvania and the said three lower Countys arising in respect of his said late Moiety of if ever in the said Province and Countys which are now due or which shall hfs^To/ety" hereafter grow due in my life time and during the time I may anear of have been in possession of his Moiety and may be due and in chasfemoneys arrear and unpaid and may not be actually collected and got in by the next Quarter day after the time of my decease And the like mischiefs as ai-e hereinbefore mentioned would attend if such arrears in respect of the said Moiety were to go otherwise or to belong to any other person different from him or her who shall ,j,^, ^^^ according to the said John Penn's Will be intitled to succeed to ^™, j"'^*'"®'' his Moiety of the said province and three lower Countys now I ^'^^ do from the like motives as are hereinbefore mentioned give devise and bequeath all such arrears of such matters as shall be due to me at the time of my decease in respect to my said late Brother John Perm's Moiety and which shall not be collected and gotten in and accounted for in the Receiver General's account for the Quarter day happening next after the time of ray decease (in case any such shall in respect of the said Moiety be due unto me) from time to time when and as the same shall be collected and gott in unto the respective person and persons intitled by vertue of my said late Brother's Will to the possession of his Moiety of the said Province and three lower Countys within whose life time or before the next ensuing Quarter day after Avhose decease the same shall from time to time be collected* and gotten in to be received taken and enjoyed by them as if the same had been Rents and profits which had incurred and grown due for the said Moiety during the time they had by virtue of my said late Brother's Will been intitled to the possession of his said For the good Moiety of the said province and three lower Countys And where- of the estate n he had groat- AS for the Sake of preventing Su its and contests and for the good of ly reduced . •'^ f . . . his personal the Estate in General and of the heir to be intitled to the same I have estate. by the foregoing dispositions greatly reduced what otherwise might Recommends have goue as part of my own personal Estate I do therefore ear- position of nestly recommend it to all my children and discendants with those who •' _ claim under rcspcct to mv Said late Brother John Penn's Moiety of the said pro- him and un- i. ^ ./ x der John viucc and three lower Countys and do request it of all such per- sons to whom by vertue of my said late Brother's Will his said Moiety of the same province and three lower Countys shall come and succeed that they and each of them would take Special care to make the like disposition with respect to any arrears of fines purchase moneys Rents or Quit Rents as may now be due or as may grow or accrue to be due hereafter in respect of my said late Brother John Penn his Moiety of the same province and lower Countys And whereas I am desirous and believe it to be best that the Lands and profits of my said fourth part of the same province of Pensilvania and of the said three lower Countys should be settled and iutailed in manner as aforesaid but am Recites the sensible that my fourth part of the same province and lower hLsestVhBin Countys is an Estate very different in its nature from Estates in meat ^""^ "" this Kingdom and that the same is not to be leased out at Rack 89 rents or for short Interest or Terms of years as may be done with respect to Lands and Tenements in this Kingdom but that the further improvement and settlement of the Lands in those flour- ishing Colonys (which I most earnestly wish for) must necessa- rily be carried on by making Grants of Lands there in fee simple or for other durable and lasting Estates which without some par- ticular power and authority a bare Tenant for life or even Tenant in Tail might not be enabled to grant AnD not only so but the settlement and determination of the Extent Limits and Boundarys of the same province and lower Countys and the appointment of Governors deputy Governors or Lieutenant Governors and other officers and the carrying on and exercising of the Governments franchises and Jurisdictions of the same and the making and concluding Treatys either with the Native Indians in those parts or Avith any other persons whom it may concern and many other great and general publick occasions may arise wherein a meer Tenant for life or Tenant in Tail of my said fourth part might not (without some Special power and authority) be enabled to do the several great and Publick acts relating to the said province and lower Countys wdaich may be requisite and necessary to be from time to time done executed and performed And whereas it was not neither is it my Will or intention by any such devises Limita- ions or Entails as are hereinbefore contained touching the whole teution to fetter the or any part of the said Sum of three thousand pounds to clog or possessor by fetter my fourth part of the said province and Countys in such Devises manner as that there should be any defect of power or want of authority in the possessor of my said fourth part or the said pro- vince and lower Countys for the time being or any other Impedi- ment delay or obstruction given to the full and perfel?t Execution and performance of every matter and thing whatsoever which may be any way necessary fitting or proper to be done with Rela- tion to the Settlement of the Lands fixing the Extents Limits and Boundarys appointments of Governors deputy Governors or Lieu- tenant Governors and other Officers and carrying on the Govern- ments and Jurisdictions of the said province and lower Countys or to the making and concluding any such Treatys as before 90 mentioned or any other great and general publick occasion wliich may arise and which may require in the possessor for the time being of my said fourth part of the said province and K)\ver Countys a much larger degree of power or authority than is yet ejq^ressly given herein Therefore I do hereby make this Givo full full declaration of my Will and Intention in the premises and do p • , i ■ f for each notwithstanding that joynt Keceipts may be given tor any more Money than what shall be actually left in each of their own ordefpctof scvcral and respective hands nor for the defect of any Security Bona fide taken for the Trust Money or any part thereof nor for the Stocks or funds in which any part of the same shall be in- vested becoming of less value than when at first bought if that should hai)pen to be tiie ease nor for any other involuntary loss that may happen in depositing by any of the Trustees in any Bankers hands of any part of the trust JNIoney In witness whereof I have to this my last Will and Testament of which there are two parts each of the like Tenor and date set my hand and Seal (which Seal encloses the Silk with which all the sheets of paper are fastened together) this twenty-first day of March in the twenty-fourth year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and 'n'rlo"^^*"'*^'' "^ ^^^*^' year of our Lord one tliousand seven hundred and fifty, RICPIAKD PENN [skal] Signed sealed published and declared by the before-named Richard Penn Esquire for and as his last Will and Testament in the pi-esencc of us who at his request and in his presence and in 93 the presence of each other of us have hereunto set our hands as Witnesses Ferd : John Paris. Fras: Eyre. kobt gwyn. i„„i„ * Co.li Jan'y of me Kichard Peun Esquire and is made this fifteenth day of ^^^^ January one thousand seven hundred fifty and six Whereas my dear late Brother John Penn Esquire deceased by his will Soh!f Penn bearing date in the month of October one thouand seven hun- ^{'^^^^^ ^nd dred forty and six made a provision of two thousand pounds aJ^^J^'^^og" piece for two of my younger children namely my daughter Han- ^^'^^ nah Penn and my son Richard Penn who were born and living at the time when he made his AVill And whereas my younger Jhu,i^'enTd Children after my decease will be intitled by means of the mat- e.'ti'tiedto^^ ters in my foregoing Will mentioned to a certain sum of three ff^fourth °^ thousand pounds to be raised out of my fourth part of the {^'i'g''p|^-f ^o Province of Pensilvania And whereas by my foregoing Will I ex'^f"^''^^ had directed such three thousand pounds to be raised and paid to my English Executors to be by them disposed of for the benefit of all my younger Children in manner therein mentioned that is to say two thousand pounds part thereof to my youngest Son William Penn (then lately born since the decease of my said ^1^}^ to ^ -^ "^ William Brother) in order to make him equal with my other younger Children who had Legacys of two thousand pounds given tg each of them by my said Brother and the residue only of such three ^^"gP'^'J^" thousand pounds to be equally divided amongst my said Son ^^^J^'jl/"^ William Penn in case he should survive me and all other the younger Children which I should leave at my decease in such manner as is therein mentioned And whereas upon further consideration I think fitt to provide in another manner the Sum of two thousand pounds for my said Son William Penn in order to make him equal in point of provision with my said daughter Hannah Penn and with my said other younger Son Richard Penn and in order to preserve the greater equality in all respects between my younger Children 1 would have the said whole sum ti.e whole of three thousand pounds to be equally divided amongst my equally 94 younger Children in like manner as by my said Will I had directed with respect to the remaining one thousand pounds ilTuoj^Vwui thereof only Therefore I do hereby revoke and annul the gift or disposition of two thousand pounds part of the said three thousand pounds by my said Will made or directed to 6r for my said Son William I'enn and do now will order direct and appoint £3o(io'to''tho ^^^'^^ ^^^^ ^'"^ whole sum of three thousand pounds shall be children ©qually divided share and share alike to each of my younger Children or intirely to one younger child which I shall leave at the time of my decease in case I shall leave but one such f.u ?.f\?ir'" younger Child And do hereby give and bequeath unto my Boiia'i'es iit7' ^^^*^ youngest Son William Penn the Sum of two tliousand codu'iTi'l pounds as a portion to be paid by my English Executors out of treats'oVu ^^^Y P^rsoual Estate and such other Moneys and Effects as by my Will I have directed to be remitted to their hands and to be as soon as ever it may be done laid out by them in case my said Son shall be under age at the time of my decease in some of the publick funds established by parliament in their names and the Interest and dividends of the same after the same shall be so laid out to be half yearly from time to time when and as the same shall or may be received paid over to his Mother whilst living and to such other person after her death who shall have the care of his Education and Maintenance for his Education and Main- fninsieiTca*"^ tcuauce until he shall arrive at his age of twenty-one years or ^^ dye, which shall first happen and my said English Executors shall also out of iny Estate in their hands answer and pay inter- est half-yearly after the rate of four pounds for each hundred pounds by the year from the time of my decease until such two two thousand pounds shall be so laid out in some of the funds such Interest to be payable to such person and in such nuinner as hereinbefore is directed with respect to the Interest and divi- dends after the same shall be laid out in the funds and upon my said younger Son William Penn's arrival at the age of twenty- one years such Legacy or portion of two thousand pounds by this my Codicil given to or for him and the funds in which the same may be invested and the future Interest and dividends of the same shall all be paid assigned and transferred over and 95 belong unto him Provided that in case he shall happen to dye before he shall attain that age then the said two thousand pounds and the funds wherein the same may be invested and the Interest and dividends arising from the same after his de- if he dies to cease shall fall into my personal Estate and be disposed of as peisonaies- by my foregoing Will I have disposed of my personal Estate and with this variation made and directed by this present Codicil I ratify and corroborate all other parts of my said Will Witness my hand and Seal this fifteenth day of January in the twenty- niueth year of the reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ire- land King defender of the Faith and so forth and in the year of our Lord one thousand seven hujidred fifty and six RICHARD PENN [seal] Signed sealed published and declared by the before named Richard Pena Esquire for and as a Codicil to his before written last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other of us have hereunto set our hands as witnesses Ferd: John Paris. Robt: Gwyn Jno: Towse. OllUjSi X$ « tXiXilm mlUil to the foregoing last Will and F".ii.ercodi- Testament of me Richard Penn Esquire and is made this thir- neo teenth day of March one thousand seven hundred and sixty Whereas my younger Son William Penn mentioned in the ^'inif^m dead foregoing Codicil is lately dead on whose death I think it most prudent to make a further provision for my dear wife Hannah Penn Now I do hereby give devise and bequeath unto my said £ioomoreto dear Wife the further additional clear yearly Sum of one hun- revoked by dred pounds payable half yearly for her sole and separate use """^ '"' '" for and during the Term of her natural life in manner and out of the particular fund only which I have by this further Codicil set apart for the purposes thereof, that is to say, It is my Will fc°ul!rs\^'" and I do hereby order and direct my said English Executors mu/,P?^'^*° give and bequeath the same to my Son Kichard Penn his Exec- utors Administrators and Assigns and direct the same to be transferred to him I also give and bequeath unto my Daughter Hannah Penn seven thousand pounds three per cent Consolidated £7000 3 pr Bank Annuities (part of a larger Sum standing in my name) nahPenn out out of which I do direct that she pay the Sum of twenty pounds is to pay per annum to the said Frances Lardner for her life quarterly ner £20 per to be computed from my decease having formerly received of her life her the sum of two hundred and fifty pounds for Securing such Annuity and whereas my younger Children after my decease will be intitled by means of the matters in my foregoing Will mentioned to a certain Sum of three thousand pounds to be raised out of my fourth part of the Province of Pensilvania and WHEREAS in and by my said Will I did direct such three thousand pounds to be raised and paid to my English Executors to be by 13 100 them disposed of for the benefit of all my younger Children in manner therein mentioned and whereas in and by my first Codicil to my said Will bearing date on or about the fifteenth day of January one thousand seven hundred and fifty six for the reasons therein mentioned I did make some alterations in such Revokes tho bcQuest NOW I do hereby revoke annul and make void the gift £3000 to bo ^ •' » raised out oi dispositiou and appointment both by my said Will and also by my for younger said last mentioned Codicil made of the said Sum of three thou- Children & directs it to gand pouuds and I do Will order direct and appoint that the be paid to -"^ -^ ^ Kichard gaid wholo Sum of three thousand pounds shall be paid unto my Son Richard Penn his Executors Administrators or Assigns within twelvemonths after my decease and whereas I have in and by my said Will given and bequeathed unto my said dear Wife all such household goods furniture pLate pictures Cloaths ready money Cash Notes and other goods and Effects of what sort nature or kind soever as should actually be in my own particular custody and possession within England at the time of my decease (my Family plate and Family pictures and any Stocks or shares in the publick funds and any Monies or Efiects remitted from I'en- silvania or other parts of America and then on the sea or in the hands of any Factor or Agent in Great Britain excepted) To hold except as aforesaid unto my said Wife her Executors Admin- istrators and Assigns for her and their own use for ever and whereas in and by my last Codicil to my said Will bearing date on or about the twenty fourth day of December one thou- sand seven hundred and sixty three I did declare that in the said devise so made by my Will to my said Wife I meant to include all Bonds which should be in my Custody at my death for money due to me which Bonds and the principal and Interest due thereon I did by my said Codicil give to my said Wife Now I do ^®^°^«^j^^ hereby revoke and make void both the said bequests in my said Hmwehoid Will and also in my said Codicil so made to my said Wife as Goods 4c aforesaid to all intents and purposes And in lieu thereof I do and giTesher hereby give and bequeath unto my said dear Wife all my ready Ready Money moncy and all Bank Notes which shall be found in either of my Jewels Plate . , ,, iiniTi Household houses at the time oi my death and also all her Jewels and Ooods &c 101 Ornaments of lier person and also all my plate and Books wMch I shall be possessed of at the time of my death and also all the household goods and Furniture which shall be in or belonging to both my houses in Town and Country at the time of my death To hold the same to my said dear Wife her Executors Administrators and Assigns for her and their own use for ever I Give and bequeath unto my Son Kichard Penn his Exec- utors Administrators and Assigns after payment of all my debts and my funeral Expences by my Executrix hereinafter named ^ and after payment of all the Legacys hereinbefore given all ^ent of debts Bonds and Notes of hand for money due to me which shall be gyes to •' Richard all in my possession at the time of my death and also all Sums ^"^^^ ^^^ of money whatsoever belonging to me which shall be in the hands of Mess" Freame Smith Beven and Benning Bankers and mLsts which shall have been carried from the general account of my hands Brother and me to my own private account at the time of my death and also all Sums of Money whatsoever which shall appear to be in the hands of Mess" Hoars and Company Bankers belong- Hoarerand ing to me at the time of my decease and also all other my Stocks emmen t°'' Funds and Government Securities and other Personal Estate not persi Estate hereinbefore given and bequeathed which I shall be possessed of given' or intitled unto at the time of my death And whereas iu and by said last Codicil to my said Will bearing date on or about the twenty fourth day of December one thousand seven hundred and sixty three after reciting that I was then possessed of an house called Batavia House in the Parish of Sunbury in the County of Middlesex with the Garden and certain Lauds Tenements and Hereditaments there And also reciting that I had purchased two undivided sixth parts thereof I did thereby give unto my said dear Wife her heirs and assigns for ever the said two undivided sixth parts of the said house and Lands both Freehold and Copyhold And whereas since the making my said Codicil I have purchased two other undivided sixth parts of the said house and Lands so that I am now become Seized of two third parts of the said house and Lands Now I do hereby Revokes the ■^ •' Devise of Ba- revoke annul and make void the said devise so made to my tavia uouse "' to Mrs Penn 102 ?o be'in T?ust ^^^^ ^^ ^^^^ ^^^'^ *'^'° sixtli pui'ts of tlic saitl liousc and Lands and "the Mo- "^^liereof I was then seized as aforesaid And I give and devise frunr'saie^to "^^ ^^'"^ ^^'^^ Undivided third parts of the said house and Land fe" i.hioof his ^^^ ^'^^ parish of Suubury both Freehold and Copyhokl unto my tato"""' ^^' ^^^'■^ Wife her heirs and assigns In Teust that she do as soon as conveniently may be after my decease sell and dispose of the same to the best purchasor or purchasors and for the best price or prices that can or may be had or gotten for the same And the Money to arise by Sale thereof I direct shall be considered as part of and go along with the residue of my personal Estate And for the more easy Sale and disposition of my said two third parts of the said house and Lands I do hereby AVill and direct ^^^j^j®°' Jig. that the receipt and receipts of my said Wife or her heirs purchasoi-"' ^hall be a sufficient discharge to such purchasor or pur- chasors of the purchase money or so much thereof as shall be therein expressed to be received And that such purchasor shall not be answerable or accountable for the Misapplication or Non application thereof I give devise and be(|ueath my house in Cavomiish Cavcndisli Square with all the appurtenances thereunto belong- HoiisetoMrsiiip- uuto my dear Wife and her assigns for and during so many Penn for life t> ^ c fe J tiien to Han- years of thc Term I have to come therein as she shall live and from nah if living. "^ and after her decease in case my said Daughter Hannah Penn shall be then living I give devise and bequeath the same unto her my said Daughter Hannah Penn her Executors Administrators and Assigns for the residue and remainder of the Term I have therein but if my said Daughter shall depart this life in the life KichaiV" ^""^ ^^ ^^^^' ^''^^^ Mother then from and after the death of my said Wife I give and bequeath the same unto my said Son Richard Penn his Executors Administrators and assigns for the rest residue and remainder of the Term then to come and unexpired And whereas in and by my said Will I did give and bequeath unto my American Executors therein named and to the Sui'vivors and Survivor of them and the heirs Executors Administrators and assigns of such Survivor amongst other things all and every my proprieties and shares and parts of proprieties and all my rights and Titles to all and every the Lands taken up or to be 103 taken up in the Province of New Jersey in America whether in ^^^|^®„°| the Eastern or Western division thereof as well such as were ]^^est New originally my own as also such as were given to me by the Will revoked of my said late Brother John Penn To hold the same to my said American Executors their heirs Executors Administrators and Assigns for ever upon the Trusts therein declared concerning the same Now I do hereby revoke and make void the said devise so far as the same relates to my Estates in East and West New Jersey to all intents and purposes And I do hereby and devised give and bequeath all and every my said proprieties and shares rears to , „ . . 1 ,1 . 1 1 m- 1 11 1 RichardPenn and parts of proprieties and all my rights and iitles to all and every the Lands taken up or to be taken up in the said Province of New Jersey in America whether in the Eastern or Western division of the said province as well such as were or are origi- nally my own as also such as were given to me by the Will of my said late Brother John Penn and all ray Estate right Title Interest property share claim and demand of in and to the same and all rents arrears of rents and Quit rents now due or hereafter to grow due for the same unto my said Son Kichard Penn his heirs Executors Administrators and assigns for ever My two English Executors being now dead I constitute and appoint my Twp English said dear wife my sole English Executrix for the purposes in my dradap- said Will and Codicils mentioned And I ratify and confirm my Penn Ex'trix said Will in every part where the same is not altered by this and my other Codicils In witness whereof I have hereunto set my hand and seal this thirteenth day of July in the year of our Lord one thousand seven hundred and sixty eight. RICH-^. PENN [SEAL] Signed sealed published and declared by the said Richard Penn the Testator as and for a further Codicil to his last Will and Testament in the presence of us who in his presence and at his Request and in the presence of each other have subscribed our Names as Witnesses hereunto John Lancaster, Val : Hen : Allot : Henry Jodrell. 104 Frederick by Divine Providence Arch Bishop of Canterbury Primate of all England and Metropolitan Do by these presents make known to all Men that it hath been alledged before the Worshipful Andrew Coltee Ducarel Doctor of Laws Surrogate of the Right Worshipful George Hay also Doctor of Laws Master Keeper or Commissary of Our Prerogative Court of Canterbury lawfully constituted by Hannah Penn Widow that Richard Penn late of the Parish of Saint Mary le Bone in the County of Mid- dlesex Esquire deceased did whilst living and of sound and dis- posing mind memory and understanding make and duly execute his last Will and Testament in Writing with three Codicils and in his said Will constituted and appointed William Vigor and Joseph Freame Esquires Executors as to all his Personal Estate in Great Britain or elsewhere except in America in the following words to wit, — " I constitute and appoint my good Friends Wil- liam Vigor of Taplow in the County of Buckingham Esquire and Joseph Freame of London Banker to be my Executors in Trust of this my Will for all my Personal Estate in Great Britain or else- where except in America — " And whereas it was further alledged that the said William Vigor and Joseph Freame died in the life time of the said Testator and after their death the said Testa- tor duly made and executed a fourth Codicil in Writing wherein in the room and stead of the said William Vigor and Joseph Freame he constituted and appointed the said Hannah Penn Sole Executrix in the Words following that is to say — "My two English Executors being now dead I constitute and appoint my said dear Wife my sole English Executrix for the purposes in my said Will and Codicils mentioned — " And we further make known that on the fourth day of March in the year of our Lord one thousand seven hundred and seventy one at Lon- don before the Surrogate above mentioned the said last Will and Testament with four Codicils of the said Richard Penn Deceased hereunto annexed was proved approved and registered the said deceased having whilst living and at the time of his death Goods Chattels or Credits in divers Diocesses or Juris- dictions by reason whereof the proving and registring the said 105 Will and Codicils and the granting Administration of the Goods Chattels and Credits of the said deceased and also the auditing allowing and final discharging the Accompt thereof are well known to appertain only and wholly to us and not to any inferior Judge and that Administration of the Goods Chattels and Credits of the said Richard Penn deceased limited so far as concerns all and singular the Goods Chattels and Credits of the said Deceased lying and being in Great Britain or elsewhere except in America but no further or otherwise was granted to the said Hannah Penn Widow the relict of the said deceased and Sole Executrix named in the said fourth Codicil as to the said Deceased's Per- sonal Estate in Great Britain or elsewhere except in America she having been already Sworn well and faithfully to administer the same and to make a true and perfect Inventory of the Goods Chattels and Credits of the said Richard Penn deceased limited so far as concerns all and singular the Goods Chattels and Credits of the said deceased lying and being in Great Britain or else- where except in America but no further or otherwise and to exhibit the same unto the Registry of Our said Prerogative Court of Canterbury on or before the last day of September next ensuing and also to render a just and true Accompt thereof Given at the time and place above written and in the third year of Our Translation Henry Stevens '\ John Stevens >- Deputy Registers G GOSTLING 3 Recorded in the Prerogative Office at Burlington in Book N°. XV of Wills Folio 357. LEASE ;F0E a year IN OKDER TO THE SETTLEMENT UPON THE MAR- RIAGE OF THOMAS PENN WITH LADY JULIANNA FARMOR. ^^i?5i'*^ ®IU^ ^tUUttfttlt made the fourteenth clay of August in the Twenty fifth Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and in the Year of our Lord One thousand seven hundred and fifty one Between the Honourable Thomas Peun Esquire Eldest sur- viving Son of William Penn Esquire deceased who was late Proprietary Governor of the Province of Pensilvania and of the Three lower Countys of Newcastle Kent and Sussex on Dela- ware in America of the One Part and David Barclay and Tho- mas Hyam of London Merchants of the other Part Witnesseth That for and in Consideration of the Sum of Five shillings of lawfull Money of Great Britain to the said Thomas Penn by the said David Barclay and Thomas Hyam in hand paid at or before the Ensealing and Delivery of these Presents the Receipt whereof is 'hereby acknowledged He the said Thomas Peun HATH Demised Bargained and Sold and by these Presents Doth demise bargain and sell unto the said David Barclay and Tho- mas Hyam their Executors Administrators and Assigns All that the undivided one fourth Part or Quarter Part of him the said Thomas Penn of and in the said l*rovince of Pensilvania and of the said three Lower Countys of Newcastle Kent and 107 Sussex upon Delaware in America and of the Lands Tenements • Quit Rents and other Rents Hereditaments Royalties Fran- chises Jurisdictions Priviledges and Appurtenances any way belonging to the same Province and Countys and every or any of them And of the Royal Franchise of the Government of the same Province and of the Government of the same three Lower Countys with their and each and every of their Rights Members Incidents and Appurtenances and the yearly and other Rents Issues and Profits of all and singular the said Premisses and all the Estate Right Title Interest Inheritance Use Trust Posses- sion Property Power Claim and Demand of the said Thomas Penn in and to the same (Except nevertheless out of the Demise Bargain and Sale hereby made all such Private and Particular Tracts or Letts of Lands and other Tenements and Heredita- ments as were allotted to Purchased by conveyed to or vested in the said Thomas Penn or any Person or Persons in Trust for him and which are held and Enjoyed by him in his private Right or Capacity and not as one of the Proprietaries of the Province of Pensilvania To have and To hold the said undivided one fourth part or Quarter part and all and singular other the premisses hereby demised bargained or Sold or mentioned or intended to be hereby demised bargained or Sold with their and every of their Appurtenances (Except as before is Excepted) unto the said David Barclay and Thomas Hyam their Execu- tors Administrators and Assigns from the day next before the day of the date of these presents for and duri^g and unto the full End and Term of one whole year from thence next Ensuing and fully to be compleat and ended Yielding and Paying for the premisses unto the said Thomas Penn his Heirs or Assigns the Rent of one pepper Corn on the last day of the said Term (if the same shall be lawfully demanded) To the only Intent and purpose that by Virtue of these presents the said David Barclay and Thomas Hyam may be in the Actual pos- session of the premisses hereinbefore demised bargained or Sold and thereby and by force and Virtue of the Statute made for Transferring Uses into possession may be Enabled to Accept and 14 108 take a Grant and Release to tliem their Heirs and Assigns of the Reversion and Inheritance of the same premisses intended to be granted and released unto them and to their Heirs and Assigns in and by a certain Indenture of Release of Four parts which is already prepared and is intended to bear date the day next ensuing the day of the date of these presents and to be made between the said Thomas Penn of the first part the Right Hon- ourable Thomas Earl of Pomfret Baron of Hempster and Knight of the most Honourable Order of the Bath of the Second part the Right Honourable Lady Juliana Farmor one of the Daughters of the said Earl of Pomfret of the third part and the said David Barclay and Thomas Hyam of the fourth part To and for the several Uses intents and purposes and Subject to the several Trusts Provisoes Conditions Limitations Restrictions Declarations and Agreements in such Indenture of Release to be mentioned limitted declared or Expressed of and concerning the same In Witness whereof the partys before named to these presents their Hands and Seals have hereunto Interchangeably Set the day and Year first before Written THO: PENN [Seal] Signed, Sealed and Delivered, by the within named Thomas Penn, Esquire, in the presence of us Jno. Heaton Ferd. John Paris William Rawle of the City of Philadelphia Esquire Coun- sellor at law aged Seventy Years & upwards teing duly affirmed according to Law declares and says as follows : — I have long been professionally conversant and am familiar with the affairs and papers of the Family of the late Proprietaries of Pennsylvania. The within written Indenture is an ancient deed which I have known to accompany the possession of their Estates in Pennsylvania. I believe that Ferdinand John Paris and John Heaton the Subscribing Avitnesses thereto are both dead, and that proof of their handwriting or of the handwriting 109 of either of tliem cannot be had in this Country. Thomas Penn the grantor therein named (and one of the said Proprietaries) died, as I am informed and believe, during the Year One thou- sand seven hundred and seventy five in England where he had then resided for more than thirty three Years having never been in Pennsylvania since the year One thousand seven hundred and forty one. I believe that proof of his handwriting cannot be had of any persons or person who can remember to have seen him write. I am however acquainted with his handwriting, having obtained a knowledge thereof from various authentic public and ofiicial Documents and some private Deeds and Writings Subscribed with his Signature uniformly recognized as genuine and acted upon in the course of business in important transactions, and I verily believe the name Tho: Penn sub- scribed to the said Indenture to be of the genuine and proper handwriting of the said Thomas Penn» County of Philadelphia ss. On the third day of July in the year one thousand eight hun- dred and twenty nine at Philadelphia in the said County Before me Edward King Esquire President of the Court of Common Pleas for said County the above examination of William Rawle Esquire was duly taken according to the form and effect of the Acts of the General Assembly of this Commonwealth in such case made & provided. The said William Rawle being conscien- ciously Scrupulous of taking an oath and by me affirmed according to law% and it appearing that the Grantor and wit- nesses of the within Deed are deceased and that proof of the handwriting of said witnesses or of either of them cannot be had I hereby certify the same accordingly. Witness my Hand & Seal at Philadelphia aforesaid the day & Year aforesaid EDWARD KING [Seal] Recorded the within Deed and Endorsement in the Office for Recording Deeds &c for the City and County of Philadelphia in Deed Book G W R No. 31 pa 51 &c Witness my hand and Seal of Office July 22 A. D 1829 [Seal] Geo. W. Riter Rr SETTLEMENT UPON THE MARRIAGE OF THOMAS PENN WITH LADY JULIANNA FARMOR. ^^fr^^l'" %\\\% gtttlCntUVe # gmX iart^ made the fifteenth day of August in the twenty-fifth year of the Reign of our Sov- ereign Lord George the Second, by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and in the year of our Lord one thousand Seven hundred and fifty-one Between The Honorable Thomas Penn Esquire Eldest Surviving Son of William Penn Esquire deceased who was late Proprietary and Governor of the pi'ovince of Pensilva- nia and of the three lower Countys of Newcastle Kent and Sus- sex on Delaware in America of the first part The Right Hon- ourable Thomas Earl of Pomfret Baron of Hempster and Knight of the most Hono'ble Order of the Bath of the Second part The Right Honourable Lady Juliana Farmer One of the Daughters of the said Earl of Pomfret of the third part and David Barclay and Thomas Hyam of London Merchants of the fourth part Whereas, by certain Articles of Agreement Tri- partite Indented bearing date on or about the eighth day of May which was in the year of our Lord One thousand Seven Hundred and thirty-two and made between John Penn Esquire (who was then the Elder Brother of the said Thomas Penn, but is since deceased) of the first part the said Thomas Penn of the Ill Second part and Eichard Penn Esquire (who is the younger Brother of the said Thomas Penn) of the third part After re- citing therein that the said John Penn Thomas Penn and Richard Penn were seized of or intitled unto the Seigniory Fee Simple and Inheritance of the Province of Pensilvania in America and of the Cbuntys of Newcastle Kent and Sussex in America commonly called the three lower Countys lying on the Bay and River of Delaware and adjoining to the said Province and of the Quit Rents and divers Lands and Hereditaments and the Roy- altys Franchises Priviledges and Appurtenances in and belong- ing to the said Province and Counties respectively and of the Royal Franchise of the Government of the said Province and of the Government of the said Three lower Countys that is to say of the said Province under a Grant of the same and of the Gov- ernment thereof made by his late Majesty King Charles the Seconj^to William Penn Esquire deceased late Father of the said partys to the said Articles of Agreement Tripartite and of the said three lower Countys under such Grants as had been thereof made by his late Royal Highness James Duke of York after- wards James the Second King of England, or any others The said John Penn having been seized of or intitled unto one moiety of the said premisses to the use of himself and his heirs The said Thomas Penn being Seized of or Intitled to one Quarter or fourth part of the said premisses to the use of himself and his Heirs and the said John Penn and Thomas Penn In Trust for the said Richard Penn and his Heirs being Seized of or Intitled unto the other Quarter or Fourth part of the said premisses But that the whole was charged with such Debts of the said William Penn as tnen remained unpaid ; and that the moiety of the said John Penn was charged or chargeable with the Sum of One thousand pounds or thereabouts to Trustees for Margaret the Wife of Thomas Freame of London Merchant (then only Sister of the said Partys thereto) In Order to preserve the said Estates to the respective Heirs Male of the Bodys of the said parties to the said Articles of Agreement Tripartite respectively and for default of such Heirs Male to the Survivors and Survivor of 112 them the said parties and to the right Heirs of such Survivor of them (Subject to such Charges as were thereinafter mentioned) and for the more easy disposing of so much and such parts of the Lands and Heredit's in the said Province and Countys as were then uninhabited and undisposed of, to such persons as should be minded to purchase the same. It was amongst other things thereby agreed that in case of the death of any or either of the said partys thereto leaving Heirs Male of their Bodys respectively under the Age of twenty one years In such Case the Survivors or Survivor of the said Parties his or their Attor- ney or Attorneys Agent or Agents during the respective Minior- itys of such Heirs Male should be and were thereby authorized and impowered Absolutely to Sell and convey away in Fee Sim- ple or otherwise any parts or parcels of Land in the said Province and Counties or any or either of them reserving at least the usual Quit rents, and to receive all such monies and c^sidera- tion as could be gotten therefore and to receive and give good discharges for all Quit Rents and Sums of money and demands which might be at any time due on account of or relating to the said Province Countys and premisses and to pay all Sums neces- sary to be paid on account thereof and to manage and transact all affairs and business whatsoever concerning the said premisses in the most ample manner but to be accountable annually for the nett profits to such person and persons as should be Intitled to demand the same. But at the Age of Twenty one years such Heir Male of the Body respectively should have possession of the share of his Father respectively And that neither of the said parties thereto should by his Will or otherwise dispose of his Estate or share of or in the said Premisses to any Child Except to his Eldest Son in Tail Male with Remainder to his Second Third and other Sons successively in Tail Male Except as to such charges and provisions as were therein or otherwise than as was therein appointed limitted or agreed upon In which said Articles is contained a provisoe purporting that it should and might be lawfull to and for any or either of the said parties by his or their last Will and Testament in writing under his or 113 their hand and seal respectively and attested as therein men- tioned to charge his or their own respective Estates or shares of or in the said premissies with the payment of what Sum or Sums of money he or they should respectively think fit to or for the benefit of his or their Younger Child or Children respectively but in the whole not to exceed the Sum of Six thousand pounds for the Estate and Share of the said John Penn and three thou- sand pounds a piece for the shares of the said Thomas and Richard Penn respectively and for want of such charge or charges respectively Then It was thereby declared and agreed Estates and Shares of the said parties thereto should respec- tively stand and be charged from their respective deceases with the Sums following that is to say the Estate and share of the said John Penn with the Sum of Six thousand pounds and the respective Estates and Shares of the said Thomas Penn and Richard Penn with the respective Sums of three thousand pounds each payable respectively to their several and respective Younger Child and Children equally amongst them and to be paid to the Sons at their respective Ages of twenty one years and to the Daughters at that Age or days of Marriage which should first happen and to bear Interest at the rate of Four pounds per centum per Annum in the mean time for the main- tenance and Education of such Younger Child or Children re- spectively And also another provisoe purporting That in case of the death of any or either of the said parties thereto leaving Issue Male as aforesaid it should and might be lawfull to and for such of them as should dye leaving Issue Male by such last Will or Writing as therein mentioned attested as therein men- tioned to charge his or their own respective Estates or shares of and in the said premisses with the payment of such annual Sum or Sums of British money payable in England as he or they re- spectively should think fit to or for his or their Widows or AVidow respectively during her or their life or lives only but not to exceed Two hundred pounds per annum and for the Widow of the said John Penn nor one hundred pounds per annum each for the Widows of the said Thomas Penn and 114 Richard Penn respectively and for want of such Charges or Charge respectively then the share of the said John Penn to stand and be charged with the yearly payment of Two hundred pounds British money to the "Widow of the said John Penn from and after his death for her life and the respective shares of the said Thomas Penn and Richard Penn to stand and be charged with the yearly payment of One hundred pounds re- spectively of like money in England to their respective "Widows during their respective lives and the said premisses and shares respectively were thereby charged accordingly The said An- nual Sums and other the Annual Sums thereinafter mentioned being therein mentioned to be for the provision maintenance and livelyhood of their said respective Widows and in Barr of their respective Dowers and Right and Title of Dower And also another provisoe that in Case any or either of the said parties thereto should happen to dye leaving only one or more Daughter or Daughters but no Son or leaving a Son or Sons such Son or Sons should dye before the age of Twenty one Years or dye leaving no Issue Male Then in either of the said Cases the Estate and Share of and in the said premisses of the party or parties so dying should come to the Survivors or Survivor of them the said partys his & their Heirs as the Party or Partys so dying should by his or their last Will in Writing or by any Deed in Writing Executed in the presence of two or more Credible witnesses aj)point but chargeable and charged with the payment of any Sum not exceeding Ten thousand pounds British money to the Daughters of the said John Penn and out of his Estate and Share in Case of more than one Daughter of him and of Eight thousand pounds to one Daughter of him in case he should leave but one and not exceeding Five thousand pounds of like money as to the respective shares of the said Thomas Penn and Richard Penn in case of more Daughters than one of them respectively and four thousand pounds in case of only one Daughter to their respective Daughter or Daughters in such proportions and in such manner as the said parties respectively should by any such Will or Deed attested as afore- 115 said direct or appoint And also another Provisoe that in Case the said parties or any or either of them shoukl happen to dye leaving only one or more Daughter or Daughters respectively and no Son and should make no appointment of his or their respec- tive Estate or Share of and in the said premisses according to the true intent and meaning of the said Articles Then and in such case such Estates and shares respectively should come to the Survivors and Survivor of the said parties to the said Arti- clesTqually and the Heirs Male of their respective Bodys and for want of such Heirs to the Survivor and his Heirs, But charged as therein and hereinafter mentioned that is to say the Estate and share of the said John Penn charged with any Sum not exceeding Eight thousand pounds to his Daughter if but one and with ten thousand pounds amongst all his Daughters if more than one as he should by Will or otherwise in Writing appoint and for want of such Appointment charged with the Sum of Eight thousand pounds to such one Daughter and ten thousand pounds equally amongst all the Daughters of the said John Penn if more than one equally payable at twenty One Years of Age or Days of Marriage which should first happen And the respective shares of the said Thomas Penn and Richard Penn charged respectively with any Sum not exceeding Four Thousand pounds each to their respective Daughter if but one and with Five thousand pounds amongst their respective Daughters if more than one respectively as he or they respec- tively should by Will or otherwise in Writing appoint and for want of such Appointment Chargeable with the payment of the respective Sums of Four thousand pounds British Money to such one Daughter and five thousand pounds amongst all their Daughters respectively if more than one equally amongst them at their respective Ages of Twenty one years or days of Mar- riage which should first happen the several Sums of money therein mentioned to bear Interest till paid at the rate of Four pounds per centum per annum payable yearly in British money for the respective maintenance of such Daughter and Daughters as aforesaid and the said Estates and shares are 15 116 thereby respectively charged with such principal Sums and Interest accordingly And also another provisoe that in case the said Thomas Penn or Richard Penn or either of them respec- tively should dye Intestate without Issue Male and leaving one or more Daughter or Daughters respectively that then and in such case their respective Widows in case they respectively leave but one Daughter should have One hundred and fifty pounds And in case of more than one Daughter respectively Then only one hundred pounds British money Yearly foi**their respective lives payable in England and the said respective Estates and Shares of the said parties were thereby respectively charged accordingly and to be in barr of Dower as aforesaid And also another provisoe or Agreement that in Case any or either of the said parties should dye without any Issue Then and in such Case he and they should leave or appoint his or their respective Share or Estate to the other of the said parties or either of them as he should think fit ; And should have liberty by any Will or Deed to be attested as aforesaid to charge the same with the respective Sums following that is to say the said John Penn to charge his Estate and Share with Six thousand pounds British money and the said Thomas Penn and Richard Penn respectively to charge their respective Estates and Shares each with three thousand pounds British money pay- able to such person or persons as such party or partys should by such Will or Deed as aforesaid appoint And that in case the said Thomas Penn and Richard Penn or either of them should happen to dye without Issue It should be lawfull for them or either of them respectively dying without Issue by such Will or Deed as aforesaid to charge their respec- tive Estates and shares in the said premisses with the payment of any annual Sum respectively not exceeding one hundred pounds British money to their Widows respectively for life over and above such yearly Sums as were thereinbefore for such Widows respectively provided and the said several Estates and shares were hereby charged accordingly and to be in bar of Dower as aforesaid And also another provisoe or agreement that it should and might be lawfull to and for the said parties 117 at any time during their Joint Lives by any "Writing under their hands and Seals attested as therein mentioned to revoke deter- mine and make void the said Articles and all and every or any the Clauses provisoes and agreements therein contained any- thing therein to the contrary thereof in any wise notwithstand- ing And also another provisoe and Declaration therein con- tained That in Case any one or two of the said parties thereto should happen to dye leaving no Issue Male respectively Then and in such Case and Cases it should and might be lawfull to and for the Survivors and Survivor of the said parties by any Writing under their respective hands and Seals to alter revoke and make void the said Articles of Agreement and every Clause provisoe and Agreement therein contained But so as not to prejudice any provision Devise or Appointment which might have been by the party or partys first dying made in pursuance of the same Articles ; as by the said in part recited Articles of Agreement Tripartite (which have been lately Enrolled for safe Custody in his Majesty's high Court of Chancery) amongst divers other Clauses and Agreements therein contained as well relating to the Estate and Share of the said Thon^as Penn as also relating to the several and respective Estates and Shares of the said John Penn and Richard Penn of and in the said Pre- misses relation being thereunto had may more fully and at large appear And whereas the said John Penn departed this life a Batchelor without leaving any Widow or any Issue of his Body on or>.about the twenty ninth day of October One thousand seven^undred and Forty Six having first duly made and pub- lished his last Will and Testament in Writing bearing date on or about the Twenty Fourth day of the same month of October One thousand Seven hundred and Forty Six Duly Exe- cuted and Attested so as to pass Lands and Estates of Inheritance and in and by such his said Will did give devise leave appoint and dispose (in Virtue of all rights powers and Authoritys whatsoever him thereunto ena- bling) All his moiety or half part of the Fee Simple and Inheritance of the Said Province of Pensilvania and of the three lower Countys of Newcastle Kent and Sussex upon Dcla- 118 ware in America and of the Lands Tenements Quit vents other rents Hereditaments and Royaltys Franchises Jurisdictions priviledges and Appurtenances any way belonging to the same Province and Countys and every or any of them and of the Royal Frafchise of the Government of the same Province and of the Government of the same three lower Countys and all his Inheritance Estate Right Title Interest and Power in to and over the same and every or any part thereof in the manner thereinafter mentioned and particularly unto his Brother the said Thomas Penn (party to these present Indentures) for and during the term of his natural life without Impeachment of waste and from and after the determination of that Estate unto the hereinbefore named Thomas Hyam and David Barclay and their Heirs during the natural life of the said Thomas, Penn upon Trust to support the contingent uses with remainder to the first and other Sons of the body of the said Thomas Penn in Tail Male with remainder to the said Testator's Brother the said Richard Penn for his natural life without Impeachment of waste with remainder to the said Thomas Hyam and David Barclay an* their Heirs during the life of the said Richard Penn Upon Trust to support the contingent Uses, with remainder to the said Testator's Nephew John Penn (Eldest Son of his said Brother Richard Penn) for his natural life without Impeachment of waste with remainder to the said Thomas^ Hyam and David Barclay and their Heirs during the life of the said Nephew John Penn upon Trust to support the contin- gent Uses with Remainder to the first and other Sons \)f the body of the said Nephew John Penn in Tail Male with remainder to the said Testator's Nephew Richard Penn (Second Son of the Testator's said Brother Richard Penn) for his natural life without Impeachment of waste with remainder to the said Thomas Hyam and David Barclay and their Heirs during the life of the said Nephew Richard Penn Upon Trust to support the contingent Uses with remainder to the first and other Sons of the Body of the said Nephew Richard Penn in Tail Male with remainder to all and every other the Son and Sons of the 119 Body of the Testator's Brother the said Richard Penn the Father in Tail Male with remainder to the Heirs of the Body of the said Thomas Penn with many remainders over and the last remainder in Fee unto the said Testators own right Heirs and their Heirs and Assigns forever; Under a provisoe or Con- dition nevertheless contained in the said Will and "it was therein mentioned to be the said Testator's Express Will and Intent and accordingly he did thereby devise the same so as that in case upon the Failure of all such Issue as aforesaid his the said Tes- tator's own right Heirs should happen to be two or more Females and likewise In Case by means of any of the Limitations there- inbefore expressed to the Heirs of the Body of any of the several persons thereinbefore named or described any such Heirs of the body of any such person or persons should happen to be two or more Females then and in all and every one of such cases The first or Eldest of such two or more Females and She only and Solely and the Heirs of her body should have and Enjoy the whole of the said moiety to herself alone and to the Heirs of her Body without partition or Division ; and on Fail- ure of such Issue of the first or eldest of such Females Then the same should in like manner succeed and remain whole and intire without partition or division to the Second or next Eld- est of such two or more Females and to the Heirs of her body and so from time to time in like manner so often as that Case should happen And Under another Provisoe or Condition therein contained that every person becoming Intituled under his said Will to his said moiety and likewise the several Persons intermarrying with any Female who should be or should become Intitled by such his Will to his said moiety should from time to time when and as they should become Intitled to the same take and use the Surname of Penn and that only, and no other Sur- name therewith and should also bear his Arms, nevertheless the said Testator in and by his said Will declared that his said Moiety of the said Province of Pensilvania and three lower Countys thereinbefore disposed of and limitted as thereinbefore mentioned should noth withstanding any the there Foregoing 120 Limitations or Dispositions thereof stand and be charged and chargeable with and Subject and lyable to the raising and pay- ment unto his English Executors out of the Quit Rents other Rents Issues and Profits which should or might arise therefrom of the Sum of Six thousand pounds of lawfull money of Great Britain which Sum he willed should be applyed in the manner therein and hereinafter mentioned that is to say so much thereof as should be wanting (if any should be w^anting) to answer the several particular purposes for which he had thereinbefore appro- priated what was to be deemed his English personal Estate should be paid to his English Executors to enable them to answer those several purposes ; and the whole of such Six thousand pounds (if no part thereof should be wanted, for such particular pur- poses) or the whole residue of such Six thousand pounds (whether the same should be raised during the life time or after the decease of the said Thomas Penn) should belong and be paid unto the said Thomas Penn, or to his Executors and A*dminis- trators as part of his personal Estate And the said Testator in and by his said Will recited that he was desirous and believed it to be best that the Lands and Profits of his said moiety of the said Province of Pensilvania and of the said Three lower Countys should be intailed in manner thereinbe- fore mentioned; but was Sensible that his moiety of the said Province of Pensilvania and of the said three lower Countys was an estate of a very different nature from the Estates in this Kingdom and that the same was not to be leased out at rack rents or for short Interests or terms of Years as might be done with respect to Lands and tenements in this Kingdom but that the further improvement and Settlement of the Lands in those Flourishing Colonys must necessarily be can-ied on by making Grants of Lands there in Fee Simple or for other durable and lasting Estates which without some particular power and authority a bare Tenant for life or even Tenant in Tail might not be enabled to Grant And not only so but that the Settle- ment and Determination of the Extent Limits and Boundarys of the same Province and Countys and the appointment of 121 Governors or Deputy Governors or Lieutenant Governors and other Officers and the carrying on and Exercising of the Govern- ments Franchises and Jurisdictions of the same and the making and concluding Treatys either with the Native Indians in those parts or with any other persons whom it might concern, and many other great and general Publick'' Occasions might arise wherein a mere Tenant for life or Tenant in Tail to hi^ moiety might not without some special power and authority be enabled to do the several great and Public Acts relating to the said Province and Countys which might be requisite and necessary to be from time to time done executed and performed And the said Testator in and by his said Will further recited that it had not been or was it his Will or Inten- tion by any such Devises Limitations or Intails as were therein- before contained touching the said Six thousand pounds, to clogg or Fetter his moiety of the said Province and Countys in such manner as that there should be any defect of power or want of authority in the possessor of his moiety of the said Province and Countys for the time being or any other Impediment Delay or Obstruction given to the full and perfect Execution and per- formance of every matter and thing whatsoever which might be any way necessary fitting or proper to be done with relation to the Settlement of the Lands Fixing the extent limits and boundarys appointment of Governors Deputy Governors or Lieutenant Governors and other offices and carrying on the Governments and Jurisdictions of the said Province and Countys or to the making and concluding any such Treatys as before mentioned, or any other great and general Publick Occasions which might arise and which might require in the possessor for the time being of his said moiety of the said Province and Countys a much larger Degree of Power or Authority than was yet expressly given therein And Therefore the said Testator did thereby make such full declaration of his Will and Intention in the Premisses and did fully authorize and impower each and every person who by Virtue of such his Will should at any time be in possession of his said moiety of the said Province and Countys 122 wlien and during tlie time that such Person should be so in possession of the same to do execute and perform all lawfull Acts Deeds Matters and Things whatsoever necessary for all every or any the several purposes therein and hereinafter mentioned (that is to say) For the conveying and Granting out, for any Estate OP Estates how large so ever of any Lands or other Hereditaments whatsoever in the said Province and Countys (on reserving in each such Grant or Conveyance of any L^nds as much Quit Rent in Proportion and the like Services as had been of late generally reserved on other Lands Granted out by himself and Brothers ; Unless it should be found necessary for the general Service of the said Province to make Settlements on the Frontiers, where, by its great distance from the then present Inhabitants the like Quit Rents could not be reserved as in the more Settled Parts of the said Province, and then for the Con- veying and Granting out (for the general Service only and not for the private Utility or benefit of such possessor or his Family) of any Lands on Reservation of such Rent and Services only as to the possessor for the time being should seem Proper ; so as in such last mentioned Cases, no fine or purchase money should be taken, on only such Grant as last mentioned, and his, the said Testator's AVill, was thereby declared to be. That his moiety of all such Quit Rents and Services to be reserved on every such Grant should descend remain and go along with and be considered as part of his Estate and Inheritance according to the Limitations therein before expressed and declared But that all Fines and purchase moneys to be raised upon such Grants (where any such fines or purchase moneys might be raised according to such his Will) should (as to his moiety of the same) belong to the possessor for the time being of his said moiety of the said Province and Countys as his own Proper money and Estate (For the Settlement and Determination of the extent Limits and boundarys of the same Province and Countys For the Appoint- ment of Governors Deputy Governors or Lieutenant Governors and any other Officers whatsoever, of the same Province and Countys for the Carrying on and Exercising of the Governments 123 Francliises and Jurisdictions in the same; For the making and concluding of any sort of Treatys either with the Native Indians in these parts, or with any other persons whom it might concern And For the Performance of every other great and general matter power Authority and Jurisdiction Granted by the Crown with the same Province and Countys or any of them and which might upon any Puhlick Occasion be proper or fitting to be done, for the general Service and benefit of the same Province and Countys ; And that, and those, in as "full perfect, abso- lute and effectual manner as if such possessor, for the time being of the Testator's said moiety of the said Province and Countys was the absolute and perfect owner and Proprietor of his said moiety in Fee Simple ; And the said Testator in and, by his said Will declared That, because he would have his said moiety of the said Province and Countys to be entirely discharged and released, from the said Charge or burthen relating to the said Sum of Six thousand pounds if any manner of occasion should require the same and to the intent that no obstruction might ever from thence arise he did thereby authorize impower desire and direct that all or any Single one or more of the persons thereinbefore named for his English Executors and all or any one or more of their or of any or either of their Executors or Administrators should immediately on request to be made in that behalf by the person who should for the time being be according to his said Will in the possession of his moiety of the said Province of Pensilvania and three lower Counties fully and absolutely release and discharge his said moiety of the said Province and Countys and the Quit Rents other Rents Issues and Profits of the same of and from the said whole charge of Six thousand pounds and every part thereof, and all Claims and Demands in respect of the same and that whether the said Six thousand pounds or any part thereof should have been or should not have been then raised or received On takiug such Bond, Covenant personal Security or other distinct Security, (not to afiect the said Province and Countys) from the Possessor for the time being of his moiety of the said Province and Countys as he 16 124 or she should be able to give and as the Person or Persons giving such Release or Discharge should think proper to accept for the answering and making good such Six thousand pounds or the residue thereof, to his English Executors for the several Purposes thereinbefore declared relating to such Six thousand pounds, And in and by the said Will the said Testator further mentioned and ex])ressed That as such his Will had been hastily and suddenly drawn he made it his earnest request to his Brothers that in Case any* Defect should be found in point of Law as to render the same not sufficient to answer his plain Intentions thereinbefore expressed They would do every matter and thing in their power to make the same compleat and effectuE^l to answer such his Intentions and he therein declared that he trusted and confided that they would do so, from the Brotherly Love and Affection that had subsisted between them ; and he entreated them, that they Avould not permit any Suits or Disputes to be commenced touching his said Will then by him made as by the said in part recited last Will and Testament of the said Testator John Penn duly proved in Common form and remain- ing in the Registry of the Prerogative Court of the Archbishop of Canterbury (amongst many other matters and things therein contained) relation being thereinto had may more at large appear And Whereas the said Sum of Six thousand pounds mentioned in the said recited Will and wherewith the said Testa- tors said moiety of the said Province and Countys was charged has been long since raised and paid unto the English Executors of tlie said Testator John Penn or unto the said Thomas Penn pursuant to such Will; and the same or any part thereof does not now remain a charge upon the said Testator John Penn's moiety of the said Province and Countys And Whereas in and by certain Articles of Agreements Indented bearing date on or about the thirty first day of January which was in the year of our Lord One thousand Seven hundred and fifty, and made between the said Thomas Penn of the one part and the said Richard Penn (the Eather) of the other part After Reciting therein some parts of the said herein before recited Articles of 125 Agreement Tripartite of the eighth day of May One thousand Seven hundred and thirty Two And after eeciting therein that since the time of making entring into and executing of such former Articles of Agreement the said Testator John Penn one of the Parties to the same had departed this life a Batchelor without leaving any "Widow or any Issue of his Body having some short time before his death by his Will duly attested devised his moiety of the said Premisses and charged the same and having given such special Powers and authorities to the Possessor of his moiety of the Premisses for the time being as in such Will were mentioned And after further reciting therein that the Debts of the said William Penn which had remained unpaid at the time of the Entring into the said former Agree- ment had since been paid off and the Income and Profits of the Premisses were encreased and improved in Value since such former. Agreement had been entred into And that the said Thomas Penn and Richard Penn (the Father) being the Survivors of the persons who were parties to the said therein recited Articles of Agreement had upon due Consideration agreed to alter the pro- vision which had been made and charged or agreed and intended to be made or charged by the said therein recited Articles of Agreement out of their own respective Quarter parts or Fourth parts of the said Estate and Premisses for their respective Widows (the moiety of the said John Penn being therein men- tioned to be devised in and by his Will so that it was appre- hended the same was not capable of receiviug any Alteration or Additional charge thereon) And had then agreed and did intend that a further and larger power should be reserved (to themselves severally and respectively and also to the severall other persons who were thereinafter mentioned and described) to make and charge a better and larger provision (if they respectively should thereafter see fit so to do) out of the said several and respective Quarter Parts (or out of some particular parts of the same) for their several and respective l^^idows ; All such charges to be thereafter made and in such Cases and in such particular and different manners and under such different Circumstances, and 126 * at such particular times and under such Restrictions (with respect to the several different Persons who should severally and respectively make the same) as were thereinafter for those Purposes severally and respectively mentioned,' And had also then agreed and did intend that all such future charges and Provisions for all such Widows should be made and charged upon and Issue out of the said Province of Pensilvania and the Quit Rents and other Rents Issues and Profits of the same only But not upon or out of the Government of the said Pro- vince or upon or out of any other part whatsoever of any of the Premisses which were mentioned or comprized in the said therein recited Articles of Agreement Tripartite And had likewise then agreed and did intend notwithstanding the Strict Intail of the Premisses and of the beneficial Interest of the same which might be intended to be made either by the said former Articles of Agreement or any otherwise and notwithstanding any charge or burthen upon the same for Widows or any other persons that the possessor for the time being of their several and respective Quarter parts of all and every of the premisses comprized or mentioned in the said therein recited Articles of Agreement Tripartite should be vested by those then present Articles of Agreement with special powers and authorities over the said whole Quarter parts respectively of every the premisses com- prized in the said therein recited Articles of Agreement Tripar- tite in some Special and particular Cases and for some special and particular purposes in regard that the partys thereto (as was therein mentioned) conceived it might become necessary that in an Estate of such a nature and so Circumstanced as theirs was the like powers and authorities as were already given by the Will of the said Testator John Penn deceased to the possessor for the time being of his moiety of the same Estates and premisses should likewise be given to and vested in the pos- sessor for the time being of their respective Quarter parts of the same Preme's And that in Consequence of such the said partys then present Agreements and Intentions they had then further agreed and did intend effectually to alter revoke and make void 127 the said therein recited Articles of Agreement Tripartite and every Clause provisoe and Agreement and every part of every Clause provisoe and Agreement therein contained which was and so far and so much of the same as was in any wise contrary or repugnant to or Derogatory of, or inconsistent with the Agree- ments in those then present Articles after contained or any of of the same, at the same time Corroborating and Confirming the . said therein recite^ Articles of Agreement and every Clause provisoe and Agreement and every part of every Clause provi- soe and Agreement in the said former Articles contained which was not and so farr and so much of the same as was not contrary or rej^ugnant to, or derogatory of or inconsistent with the Agree- ments in the said then present Articles after contained, or any of the same. It was by the said Articles of Agreement of the thirty first day of January One thousand Seven hundred and fifty Witnessed, that the said Thomas Penn and Kichard Penn (the Father) and each of them did in pursuance of such their then present Agreements and Intentions as aforesaid, and by Virtue and in pursuance of the powers reserved and contained in the said former recited Articles of Agreement and by Virtue of all other Powers Authoritys Estates Rights and Interests whatsoever them thereunto enabling thereby alter revoke and make void the said therein recited Articles of Agreement and every Clause provisoe and Agreement and every part of eveiy Clause Provisoe and Agreement therein contained which was and so farr and so much of the same as was in any wise con- trary or repugnant unto or derogatory of or inconsistent with the Agreements thereinafter contained in those then Present Articles of Agreement or any of the same but no further or otherwise nor in any other manner And it was thereby also witnessed. That the said Thomas Penn and Richard Penn (the father) parties thereto for themselves respectively and for their respective Heirs Extors and Admors and each of them did thereby Covenant Promise Grant and agree to and with the other of them and his respective Heirs Executors and Adminis- trators (amongst other things) That it should and might be law- full to and for the said Thomas Penn respectively and to and for • 128 the said Kichard Penn respectively by any their or his respec- tive hist Will and Testament in Writing or by any Writing or Writings to be by them respectively at any time or times there- after duly made Signed and Sealed in the presence of, and attested by two or more lawfull Witnesses whether such Deed or Deeds or Will or Wills to be made by them or either of them two should be made before or after Marriage to charge their several and respective Quarter parts of ^le said Province of Pensilvania and of the Quit Rents and other Rents Issues and Profits of the same only, (but not the Government of the said Province nor any other part whatsoever of any of the premisses ■which were mentioned or comprized in the. said therein recited Articles of Agreement) with the several and respective Yearly Sums for a Provision for their own several and respective Widows in the several and respective Cases thereinafter men- tioned or with any several Yearly Sums altogether not exceeding the several and respective yearly Sums in the several and respec- tive Cases thereinafter for that purpose mentioned that is to say such of the said parties to the said Articles as should dye leaving Issue Male of his Body or should dye leaving no Issue Male of his Body but leaving two or more Daugh- ters might in either of those Cases charge his own respective Quarter part (of such only of the Premisses as aforesaid) with a Provision of one or of several Yearly Sums in the whole not exceeding the yearly Sum of three hundred pounds of lawfull money of Great Britain for his or for their own respective Widows ; and such of the said two parties thereto who should die leaving no Issue Male of his Body and leaving one Daughter only and no more might charge as aforesaid his own Quarter part (of such only of the Premisses as aforesaid) with a provision of one or of several Yearly Sums in the whole not exceeding the Yearly Sum of Four hundred pounds of like lawfull money for his and for their own respective Widows and such of the said two partys thereto as should dye leaving no Issue Male of his Body and also leaving no Daughter might charge as aforesaid his own respective Quarter part (of such only of the premisses as aforesaid) with a provision of one or of 129 "several Yearly Sums in the whole not exceeding the Yearly Sum of Five hundred pounds of like lawfull money for his and for their own respective Widows The said several and respec- tive Yearly Sums or Provisions of (or not exceeding three hun- dred pounds or four hundred pounds or five hundred pounds) which ever of the same should be respectively charged in any of the several and respective Cases thereinbefore mentioned pursuant to the said Articles) to be in recompence and satisfaction for and in bar of all dower and thirds which such respective Widows severally should or might or could possibly claim out of or in or to any and every the Franchises Lands Tenements and Hereditaments of the said Thomas Penn in America and of the said . Richard Penn in America severally and respectively and to be payable and paid to such respective Widows in Lon- don by Quarterly payments without any deduction or abate- ment out of the same for or in respect of any Taxes Charges Assessments Remittance or on any other Account whatsoever ; and the first Quarters payment of the same to be paid at the ^ end of three Kalendar months to be computed from the day of the decease of the said Thomas Penn and of the said Richard Penn severally tod respectively and so to continue payable and be paid at the End of every three Kalendar months then ensuing for and during the whole natural life of such several Widows respectively, or for and during such part and so long of the sev- eral natural lives of such Widows respectively or after the decease of their respective Husbands as the said Thomas Penn or the said Richard Penn should resj)ectively so charge the same for And the said parties to the said then present Articles did Cov- enant and Agree as afore^id that they respectively had not to that time settled devised or charged nor would charge or attempt to charge their respective Quarter parts or any part whatsoever of the premisses comprized or mentioned in the said therein recited Articles of Agreement (Save only, of the said Province of Pensilvania and of the Quit Rents and other Rents Issues and Profits of the same) with any Yearly or other Sum or with any payment charge burthen or provision whatsoever for their 130 or for either of their several and respective wives or widows, And that they would in no Case charge or attempt to charge their several and respective Quarter parts of the said Province of Pensilvania or of the Quit Rents or other rents Issues or profits of the same with any further or other sums or payment or other charge Burthen or provision whatsoever for their several and respective Wives or Widows than only according to the Agreements and in the several Cases thereinbefore contained in those then present Articles of Agreement, And that after the respective decease of the said parties thereto no Widow of either of them respectively should be Intitled to or should lay claim or pretend to any Dower or thirds or any Right or Titles to Dower or thirds out of any part whatsoever of the Franchises Lands Tenements or Hereditaments of the said respective par- ties thereto in America ; But on the contrary should and would at any time or times upon demand to be made by or on behalf of the other party thereto or on behalf of, any his Heirs and y also upon demand to be made by or on the behalf of any per- son, to be then Intitled to the Possession of any part of the said Province of Pensilvania Execute acknowledge and perfect any number of Releases and Extinguishments of all Right Title Claim and Demand of Dower and thirds out of all and every of the Franchises Lands Tenements and Hereditaments whereof or wherein or whereto her Husband in his life time had been Seized Interested or possessed in America The same to be conceived and perfected in the best and most perfect and exten- sive forms that could be prepared or devised. Also that it should and might be lawfull to and for the Male Issue and Male Descendants of the Body of th5 said Thomas Penn respec- tively and of the body of the said Richard Penn (the Father) respectively and to and for such other Male Person and Persons who from time to time under the Agreements contained in the said therein recited Articles of Agreement or any otherwise should for the time being, be in the possession of either of the said respective Quarter Parts, or should be, the Heir Male Apparent of either of the said parties thereto or of either of 131 their Heirs Male or be the Heir Apparent of the person then in possession of the said respective Quarter parts of the said premisses, and be the person then next in Kemainder to take and be Intitled unto one of the said respective Quarter parts of the premisses immediately after the decease of the person or persons who should then be in the possession of the same To make and charge (each one of them, severally successively and respectively) such and the like provisions to such amount and in such and the like Cases (but not otherwise) for their respec- tive Widows after their respective deceases (out of such parts only of the said respective Quarter parts of the Premisses as Avere thereby agreed to be charged as aforesaid) as the said Thomas Peun and the said Richard Penn (the Father) them- selves respectively had thereinbefore agreed that they themselves severally and respectively might make and charge upon their said respective Quarter Farts of the premisses Nevertheless that all and every charge or Provision to be made for any Wife or Widow by any person whatsoever (other than by the said Thomas Penn and Richard Penn the Father) should be under- stood with the there following Explanations and Modifications and should be Subject to and under all and every the provisos Clauses and Agreements and should be made at the particular times in the particular manner for the particular Considerations and under all the other Circumstances and Restrictions, therein- after for those purposes mentioned And it was thereby Cove- nanted and Agreed by and between the said parties thereto as aforesaid That neither of the parties thereto had, at any time or times thentofore Settled Charged or Devised and that neither of the parties thereto or their several and respective Heirs Male should or would at any time or times thereafter Settle charge or devise their respective Quai'ter parts of the premisses in any other manner or with any further or greater charges Payments or Burthens, for any Widow or Widows or for any other Person or Purpose whatsoever than according to the true intent and meaning of the Agreements contained in the said therein recited Articles of Agreement as the same then stood altered and 17 132 Varyed by means of the said then Present Articles And that the said respective parties thereto and tlieir several and respec- tive Heirs Male should and would in all and every Settlement AVill Charge and other Disposition which they respectively should at any time or times thereafter make or execute of or concerning any beneficial Part of the Premisses recite or mention or referr to the said former Articles of Agreement as altered and Varyed by the said then present Articles and should and would Settle Devise Charge and Dispose of their respective Quarter parts of the said premisses agreeably and conformably to the said former Agreement as then altered by the said then present Agreement and in no other manner whatsoever And it was ALSO thereby agreed between the parties thereto in manner as aforesaid (In consideration of the then present flourishing Condition and Circumstances of the said Province of Pensilvania and of the further encrease and Improvement of the same which might reasonably be hoped for in some years time) That it should and might be lawfull to and for the said Thomas Penn and Richard Penn (the Father) respectively (in such manner as was therein- before agreed upon for them) and also to and for all and every other person and persons thereinbefore agreed or impowered to make or charge provisions for their several and respective Widows (in such manner at such times under such Circum- stances and for such Considerations only as were thereinbefore agreed upon for them) To Encrease at any time or times after the Expiration of Twenty Years to be computed from the day of the date of the said then present Articles the provision to be made for their several and respective Widow or Widows so farr as that each respective Quarter part (of such of the premisses as were thereinbefore agreed to be charged with a provision for Widow or Widows) might (if the persons charging should think fit) be charged after such twenty years should be expired with one yearly Sum of full five hundred pounds or with any Sum or Sums not in the whole exceeding five hundred pounds Yearly for provisions for Widow or Widows notwithstanding that there should after such twenty Years Expired be Issue Male or be 133 several or many Daughters of any of the persons charging ; The partys thereto thereby Declaring their Intention to be such that after the expiration of such Twenty Years (In regard to the hoped for encrease in Value of the pre- misses) such parts as before mentioned of the respective Quarter parts of the premisses might be charged with a larger and further provision for Widows than it have been prudent to charge and burthen the same with at that present Also it was thereby Covenanted and ageeed that all and every person and persons to whom the several and respective Quarter parts of the premisses should at any time or times thereafter come whether by Settlement Devise Donation Dispo- sition Discent or in any other manner howsoever should during the time that he or they should be in possession of such respec- tive Quarter parts have full and absolute powers vested in him or them and the parties to the said then present Articles did thereby Give and Grant unto such person and persons and did thereby Invest him and them with full and absolute powers and authoritys (notwithstanding that the beneficial Interest in the said respective Quarter parts might be Settled to or upon him or them only for some limitted Estate or Interest namely for years or for life or in Tail and notwithstanding any Charge or Burthen upon the same for Widows or any other persons) when and During the time that such person should be in possession of both or of either of the said several and respective Quarter parts and be of the full Age of Twenty one years To do Exe- cute and perform all lawfull Acts Deeds Matters and things whatsoever necessary for all every or any the several purposes which are therein (and herein) after mentioned that is to say First, for the Conveying and Granting out for any Estate or Estates how large soever of any Lands or other Hereditaments in the said Province and Countys on reserving in every such Grant or Conveyance of any Lands as much Quit Kent in pro- portion and the like services as had been then of late generally reserved on other Lands Granted by the said late Testator John Penn and by the said Thomas Penn and Richard Penn (the 134 Father) unless it should be found necessary for the general ser- vice of the said Province, to make Settlements on the Frontiers where by the great distance from the Inhabitants the like Quit Eents could not be reserved as in the more Settled parts of the said Province ; and then for the Conveying and Granting out for the General Service only and not for the private Utility or benefit of such possessor or his Family of any lands (of any Lands on Reservation of such Rent and Services only as to the possessor for the time being of such respective Quarter parts should seem proper so as in such last mentioned Cases no Fine or purchase money should be taken on any such Grant as last mentioned and the several and respective Quarter parts of all such Quit rents and Services to be Reserved on every such Grant should descend remain and go along with and be con- sidered as part of the Estate and Inheritance according to the Discent or Limitations of the same Inheritance But all Fines and purchase moneys to be raised upon such Grants (where any such Fines or purchase moneys might be raised according to what was thereinbefore expressed) should as to the respective Quarter parts of the same belong to the possessor for the time being of each respective Quarter part of the said Province and Countys, as his own proper money and Estate) Secondly for the Settlement and Determination of the Extent Limits and Boundarys, of the said Province and Countys Thirdly for the appointment of Governors Deputy Governors or Lieutenant Governors and any other QfEcers whatsoever of the said pro- vince and Countys, Fourthly, for the Carrying on and Exer- cising of the Governments Franchises and Jurisdictions in the same Fifthly for the making and concluding of any sort of Treatys or Agreements either with the Native Indians in those parts or with any other persons Avhom it might concern And Sixthly, for the performance of every other great and General matter power Authority and Jurisdiction Granted by the Crown within the same Province and Countys, or any of them and which might U])on any publick occasion be proper or fitting to be done lor the General Service and Benefit of the said Province and 135 Countys, And that and those in as full perfect absolute and effectual manner as if such possessor for the time being of the said several and respective Quarter parts of the said Province and Countys was the absolute and perfect owner and proprietor of his or their respective Quarter part or Quarter parts in Fee Simple ; But all such Acts Deeds Matters and Things should be done by such possessor of each such respective Quar- ter part concurrently with the like Acts Deeds Matters and Things to be done by the possessor for the time being of the said then late John Penn's Moiety of the same Province and Countys only and not otherwise ; And the said parties to the said then present Articles of Agreement did thereby Ratifye corroborate and confirm the said former thereinbefore recited Articles of Agreement and every Clause Declaration provisoe and Agreement therein contained and every part and Branch of every Clause Declaration provisoe and Agreement therein con- tained in so farr and so much of the same as the same were agreeable to and consistent with and not contrary or repugnant to or derogatory of or inconsistent with the agreements in the said then present Articles contained or any of them but no fur- ther or otherwise Under a proviso Declaration and Agreement therein contained that it should and might be lawfull to and for the said parties thereto at any time during their Joint Lives by any Writing under their hands and Seals attested by three or more Credible Witnesses to revoke determine and make void the said then present Articles and all and every or any the Clauses provisoes and Agreements therein contained any thing therein to the contrary thereof in anywise notwithstanding ; But so as not to prejudice, any provision Devise Charge or Appoint- ment which might have been thentofore made in pursuance of the said then present Articles of Agreement, And it was recited in the same Articles of Agreement that the said William Pcnn, the late Father of the parties to those then present Articles and Hannah Penn the late Mother of the said parties after the decease of their said Father) and (since her decease) the said then late John Penn and the said Thomas Penn and 136 Richard Penn (the Father) liad from the Mouth of October or November One thousand Six hundred and Eighty Two been in the constant and continual possesion of, and exer- cised the Government over the said three lower Countys of Newcastle Kent and Sussex ; The same being held under Grants from the Crown to the late Duke of York ; under Feoffments made and executed with Livery and Seizin from the Duke of York, to the said William Penn, in the Year One thousand Six hundred and Eighty two under the said Duke of Yorks Covenants for further assurance under one or more other Grant or Grants of the same made by the Crown, to the said Duke of York ; and that the said three lower Countys made a very necessary appendix, to the Province of Pensilvania and had always since the time, there above mentioned, gone along with and been considered as part of the Family Estate in America ; and that each person Intitled to any share in the said Province of Pensilvania had all along been considered, as Intitled to the like Share and proportion of and in the said three lower Counties also ; And accordingly had in such Share and pro- portion contributed to the very great expences which the Family had been exposed to, in order to preserve the possession of the said three lower Countys and to fix and Settle the boundarys thereof, and in Suits and Contests with the Lord Baltimore (who sett up some pretence to the same) and many other ways relat- ing thereto, and that great part of the said Suits and Contests and Expenses, had been occasioned under pretence of there being some formal Imperfections in the title of the said three lower Countys, and that therefore the partys to the said then present Articles did intend to endeavour to have the same cured, and made perfect by some Grants or Confirmations of the said three lower Counties, And it was thereby further agreed between the parties thereto in manner as aforesaid, That in Case at any time or times thereafter any new Grant Title or Confirmation of the said three lower Counties, or any of them or of any part of any of them should be any way obtained either from the Crown or from any other person or persons whatsoever every or any such new Grant Title or Confirmation notwithstanding 137 the same should be thereafter obtained and notwithstanding any form of words which might be made use of, or contained therein, should in no case be considered as a new purchase or acquisition to be then made or obtained, or so as to go, belong, remain or discend, in any other or different manner or proportions, than the same had to that time gone but should be considered (as between the parties thereto and their Heirs) merely as a Con- firmation of the former Old Title and possession and always to go belong remain and discend to, the same persons only and no others and in the same respective Shares parts atid proportions as if the same had been compleatly and perfectly Granted thentofore in the year One thousand Six hundred and eighty two and the several persons Intitled to Shares and proportions in the Province of Pensilvania should always be intitled to exactly the same Shares and proportions in the said three lower Couutys as by the said last in part recited Articles of Agree- ment which were duly Enrolled in his Majestys High Court of Chancery on or about the twenty first day of March One thou- sand Seven hundred and fifty (amongst divers other Clauses Matters and things therein contained) relation being thereunto had may more fully and at large appear And whereas in and by certain other Articles of Agreement Indented bearing date on or about the twentieth day of March which was in the said Year of our Lord One thousand Seven hundred and fifty ajRd made between the said Thomas Penn of the one part and the said Richard Penn (the Father) of the other part After Reciting as therein is recited it was witnessed that each of the said parties thereto for himself his Heirs Executors and Administrators did thereby Covenant Promise Grant declare and Agree to and with the other of the parties thereto and to and with his Heirs Executors and Administrators That for and notwithstanding any Clause Covenant Declaration Agreement Expression matter or thing in both or in either of the said former Articles of Agreement (therein and hereinbefore mentioned) expressed mentioned or contained each of the said partys to the said Articles of Agreement of the twentyeth of March One 138 thousand Seven hundred and fifty, severally and respectively should and lawfully might by any his last Will Deed Settlement or in any other lawful manner dispose of, devise or settle, his own respective Quarter part of the said premises, to all of his own Issue Female (if any such he should have) in preferrence and to take before all or any Female Issue of the other party thereto ; And that in Case the one of the parties thereto (who should dye before the other of them) should leave no Issue Male of liis own Body but should leave any Issue Female Or in case the one of th^ parties thereto (who should dye before the other of them should leave Issue Male, But all such Issue Male should afterwards fail and should also leave or have any Issue Female Then and in either and in any such Case the party thereto so first dying immediately after limitting an Estate for life of and in his Quarter part to the Survivor of the partys thereto, with an Estate to Trustees during his life to preserve contingent Kemainders and limitting successive Estates to the Son and Sous of the Survivor of the parties thereto (if any such Son or Sons there should be) for his and their several and respective lives, Avith Estates to trustees during his and their several and respective lives to preserve Contingent Remainders and limit- ting several and successive Estates in Tail Male to the Issue Male of such Son and Sons should and might limit the next Bemainders of his Quarter part of the premises to the Heirs of the Body of the party thereto, so first dying in such manner as to preferr all the Issue Female of the said party thereto so first dying before any of the Female Issue of the Survivor of them with respect to each of the said parties own respective Quarter parts of the said premises And the said parties thereto and each of them did in Virtue of all Estates Rights Powers and authoritys them and each of them respectively thereto Enabling thereby revoke annul and make void both and each of the said former Articles of Agreement in so far and so much of the same as was any way contrary to or inconsistent Avith those then present Articles of Agreement and the matters thereby agreed upon Thereby Confirming the residue of the said former Articles 139 of Agreement of the Year One thousand Seven hundred and thirty tAvo in such manner as they stood varyed and altered by the said former Articles of Agreement of the month of January last past and also confirming the said Articles of Agreement of the Month of January last past in so farr and so much of the same as was agreeable to and consistent with those then present Articles and the Agreements therein contained under a pro- visoe or Condition therein contained that it should and might be lawfull to and for the said parties thereto Jointly at any time or times and from time to time during their joint Natural lives by any Deed Instrument or Writing Deeds Instruments or Writings to be for that purpose by them Signed Sealed and Delivered in the presence of three or more Credible witnesses to revoke and annull those then l^resent Articles of Agreement and the Agreements therein contained and every or any par- ticular part or parts of the same and also to revoke and annull the said Articles of Agreement of the month of January last past and every or any particular part or parts of the same and likewise to revoke and annull the said Articles of Agreement of the Year One thousand Seven hundred and thirty two and every or any particular part or parts of the same and by the same or any other Deed Instrument or Writing Deeds Instru- ments or Writings, to conclude upon and establish such other Agreements relating to their respective Quarter parts of the said Province and three lower Countys and premisses as to them should seem meet, those presents or any matter or thing therein contained to the contrary thereof in any wise notwithstanding but so as not to prejudice any provision Devise Settlement or Appointment which might have been by either of the said par- ties thereto made in pursuance of those then present Articles before the time of any such revocation ; as by the said last in part recited Articles of Agreement which were Duly Enrolled in his Majesties High Court of Chancery on or about the Eight- ' eenth day July One thousand Seven hundred and fifty one rela- tion being thereunto had may appear And whereas a Mar- riage is agreed upon and intended to be soon had and Solemnized, 18 140 between the said Thomas Peun and Lady Juliana Farmor Now This Indenture Witnesseth that for and in considera- tion of the said intended Marriage (and of the Sum of Five thousand pounds of lawfull money of Great Britain the fortune and Marriage portion of the said Lady Juliana Farmor paid and secured to be paid respectively by the said Thomas Earl of Pomfret to such persons and to be applyed and disposed of for such purposes and in such manner as in and by one Indenture Tripartite bearing even date with these presents and made or mentioned to be made between the said Thomas Earl of Pom- fret and the said Lady Juliana Farmor of the first part the said Thomas Penn of the second part and the Honourable AVilliam Murray Esquire his Majestys Sollicitor General and William Vigor of Taploe in the County of Buckingham Esquire of the third part are in that behalf mentioned provided agreed and declared ; and for Settling and securing a Jointure or provision for or towards the maintenance and su]i)port of the said Juliana Farmor In Case the said intended Marriage shall take effect, and she shall happen to survive the said Thomas Penn her intended Husband in such manner as is hereinafter mentioned and for Settling Limitting Conveying and Assuring the Undivided fourth part or Quarter part of him the said Thomas Penn of and in the said Province and three lower Coun- tys and of and in the Governments Franchises Royalties Juris- dictions Privileges Lands Tenements Quit Rents other Rents and Hereditaments mentioned and described in the said several recited Articles or some of them and by Virtue and in pursu- ance of, and in conformity to, and according to the tenor and true meaning of the same and so as that the same undivided fourth part and premisses may continue in the Name Blood and Family of the said Thomas Penn, so long as it shall please Almighty God, and in such manner, as nearly as may be, that such fourth part may go along with, and be held and enjoyed by, the same person and persons from time to time, as shall for* the time being be Intitled unto the moiety late of the said Testator John Penn, and, may go remain and enure, and be held and 141 enjoyed, To for upon and Subject to the several Uses Estates Trusts Powers Provisoes Conditions Restrictions Limitations Declarations tind Agreements hereinafter for those purposes severally and respectively limitted provided Expressed and declared of and concerning the same and also for and in con- sideration of the Sum of Ten Shilliiigs of lawfull money of Great Britain to the said Thomas Penn by the said David Bar- clay and Thomas Hyam in hand paid at or before the Enseal- ing and Delivery of these presents the receipt whereof is hereby acknowledged and for divers other good and Valuable Causes and Considerations, the said Thomas Penn hereunto especially moving He the said Thomas Penn Hath Granted Bargained Sold Aliened Released and Confirmed and by these presents Doth fully clearly and absolutely Grant Bargain Sell Alien Release and Confirm unto the said David Barclay and Thomas Hyam (in their actual possession of the said Undivided fourth part or Quarter part now being by Virtue of a Bargain and Sale to them thereof made by the said Thomas Penn for one year in Consideration of Five Shillings by Indenture bear- ing date the day next before the day of the date of these pre- sents and by force and Virtue of the Statute for transferring into possession) and to their Heirs and Assigns ; All That the Undivided fourth part or Quarter part of him the said Thomas Penn of and in the said Province of Pensilvania and of the said three Lower County s of Newcastle Kent "and Sussex upon Delaware in America and of the Lands Tenements Quit Rents Other Rents Hereditaments Royaltys Franchises Jurisdictions Privileges and Appurtenances any way belonging to the same Province and Countys and every or any of them and of the Royal Franchise of the Government of the same Province and of the Government of the same three lower Countys with their and each and every of their Rights Members Incidents and Appurtenances And the Reversion and Reversions Remainder and Remain- ders Yearly and other rents issues and profits of all and singular the said premisses And all the Estate Right Title Interest In- heritance Use Trust Possession Property PowerClaim and Demand 142 of the said Thomas Penn in and to the same (Except nevertheless out of the Grant and Rek^ase hereby made All such private and particular Tracts or Lotts of Land and other tenements and Hereditaments as were allotted to purchased by conveyed to or vested in the said Thomas Penn or any person or persons In Trust for him and which are held and enjoyed by him in his private Right or capacity) and not as one of the proprie- tarys of the said Province of Pensilvania To have and to hold the said One Undivided Fourth part or Quarter part and all and singular other the premisses hereby Granted and Released or mentioned or intended to be hereby Granted and Released with their and every of their Appurtenances (Except as before is Excepted) unto the said David Barclay and Thomas Hyam their Heirs and Assigns To and for the several Uses Intents and Purposes and Subject to the several Trusts Provisoes Condi- tions Powers Limitations Restrictions Declarations and Agree- ments hereinafter mentioned Limitted Declared or Expressed of and concerning the same that is to say, To the use and behoofe of the said Thomas Penn his Heirs and Assigns untill the said Intended Marriage between the said Thomas Penn and the said Lady Juliana Farmor shall be had and Solemnized. And immediately from and after the Solemnization of the said Mar- riage To THE use and behoof of the said Thomas Penn and his assigns for and during the term of his natural life without Im- peachment of or for any manner of waste whatsoever And from and after the determination of that Estate To the use and behoofe of the said David Barclay and Thomijs Hyam and their Heirs during the natural life of the said Thomas Penn Upon Trust only to support and preserve the Contingent Uses and Estates thereof hereinafter Limitted from being barred destroyed or discontinued and for that purpose to make Entrys and bring Actions as occasion shall reijuire but nevertheless to Permit and Suffer the said Thomas Penn and his Assigns to have receive and take the rents issues and profits of all and singular the same premisses to his and their own Use and Uses during the term of his natural life And from and after the decease of the 143 said Thomas Penn Then as to for and concerning the said undivided fourth part of the said Province of Pensilvauia and the Lands Tenements Hereditaments Quit Rents and other Rents and Hereditaments of and belonging to and arising within the same only To the use intent and purpose that the said Lady Juliana Farmor and her Assigns shall and may immediately after the decease of the said Thomas Penn have receive take and enjoy for and during the term of her natural life either the annual Rent or Yearly Sum of three hundred pounds or the Annual Rent or Yearly Sum of Four hundred pounds or the Annual Rent or Yearly Sum of Five hundred pounds of lawfull Money of Great Britain to be respectively paid in the several Events and on the respective Contingencies hereinafter mentioned that is to say, The Yearly Sum of three hundred pounds only in Case at the time of the death of the said Thomas Penn there shall be Issue Male of the said intended Marriage living or afterwards born alive or there being no such Issue Male there shall be two or more Daughters of the said intended Marriage born in the life time of the said Thomas Penn or after his death resjjectively who shall both Survive the said Thomas Penn ; And the Annuity or Yearly Sum of four hundred pounds and no more in Case at the time of the death of the said Thomas Penn there shall be no Issue Male of the said intended Marriage living or afterwards born alive and there shall be then only one Daughter of the said Intended Marriage living or afterwards born alive and the Annuity or Yearly Sum of live hundred pounds in Case at the time of the death of the said Tiiomas Penn there shall be no Issue JMale or Female of the said Intended Marriage living or afterwards born alive Such Yearly Sum of Three hundred pounds or of Four hundred pounds or of Five hundred pounds so payable respec- tively in the Events or on the Contingencies hereinbefore respec- tively mentioned to be payable and paid respectively to the said Lady Juliana or to her Assigns in London by four equal Quarterly payments in every Year without any Deduction or Abatement out of the same for or in respect of any Taxes Charges Assessments Remittance or on any other Account whatsoever and 144 the first Quarterly payment of the same to be made at the cud of three Kalendar Months to be computed from the day of , the decease of the said Thomas Penn and so to continue payable and be paid at the and of every three Kalendar Months then Ensuing, for and during the natural Life of the said Lady Juliana Farmer And it is hereby agreed and declared that such Yearly Sum as in the Events or on the Contingencies here- inbefore mentioned shall be payable to the said Lady Juliana Farmer for the time being shall be in recompence Satisfaction and Barr of all Dower and thirds which She the said Lady Juliana can or may claim demand or be Intitled to, of in to or out of all and every or any Franchises Lands Tenements Heredita- ments or Real Estate whereof or wherein or whereunto the said Thomas Penn now is or at any time during the coverture between him and the said Lady Juliana shall be seized of or for any Estate of Inheritance And it is hereby Agreed and declared aud the said Thomas Penn for himself and his Heirs doth hereby Grant to and with the said David Barclay and Thomas Hyam and their Heirs that In Case Such of the said Annual Rents or Yearly Sums of three hundred pounds four hundred pounds or five hundred pounds as shall upon the contingencies afore- mentioned, be payable for the time being shall happen to be behind or unpaid for twenty Eight Days after any of the days hereinbefore Limitted or appointed for payment thereof Then aud so often and from time to time as it shall so hap- pen It shall and may be lawfull to and for the said Lady Juliana Farmer, or her Assigns into aud upon the premisses hereby 'charged with the Payment of such annuai rent, or yearly Sum, respectively, or into and upon any part thereof, to enter and distrain and the Distress and Distresses then and there found to take, cany away aud otherwise disjiose according to Law, until thereby or therewith or otherwise the said Annual Rent or Yearly Sum thereof and all arrears thereof and and all Costs Charges and Expenses attending such Entry and distress and all damages to be sustained by reason of the nonpayment thereof shall be fully Satisfyed and paid ; And also, that if such of 145 the said annual rents or Yearly Sums of three hundred pounds Four hundred pounds and five hundred pounds as shall upon the Contingencies aforementioned, be payable, for the time being shall happen to be behind and unpaid, for Sixty days after any of the days hereinbefore Limitted or Appointed for payment thereof as aforesaid then and so often and from time to time as it shall so happen It shall and may be Lawfull, to and for the said Lady Juliana Farmer and her Assigns into and upon the premisses hereby charged with such annual rent or yearly Sum respectively, to enter and take and receive the Rents Issues and Profits thereof to her and their own use and benefit untill thereby or therewith all arrears of such annual rent then grown due or that during such possession shall grow due and all Costs Charges and Expenses, attending such Entry upon and perception of the Rents and Profits of the same premisses ; And all damages that she or they shall then have had or sustained, by reason of the nonpayment thereof, shall be fully paid and Satisfyed And as to for and concerning the said undivided fourth part of the Province of Pensilvania, and all other the premisses hereby charged with the said Annual Rent or Yearly Sum of three hundred pounds or the said annual rent or Yearly Sum of four hundred pounds or the said Annual Rent or Yearly Sum of Five hundred pounds, respectively, for the time being, as aforesaid, immediately after the decease of the said Thomas Penn, But Subject nevertheless to such of the said Annual Rents, as shall be payable for the time being on the Contingencies aforesaid, and to the Remedies and Powers hereby given and Granted for Securing and Recovering the same To the Use of the said David Barclay and Thomas Hyam their Executors Adminis- trators and Assigns for and during the term of Two hundred Years, fully to be compleat and. ended without Impeachment of or for any manner of Waste In Trust for the better and more effectually Securing the payment of such of the said Annual Rents or Yearly Sums of three hundred pounds four hundred pounds and five hundred pounds respectively as shall, by Virtue of these presents, be payable to her the said Lady Juliana 146 Farmor for tlie time being ; And for that purpose in Case such of the said Annual Rents or Yearly Sums as shall upon the Contingencies aforementioned be payable for the time being shall be behind and unpaid for the three Kalendar months after any of the days and times hereinbefore, limitted or appointed for payment thereof as aforesaid then and in every such Case from time to time as it shall so happen it shall and may be lawful to and for the said David Barclay and Thomas Hyam or the Sur- vivor of them, or the Executors or Administrators of such Sur- vivor, by and out of the rents Issues Income and Profits of the premisses comprised in the said term of two hundred Years or by Mortgage or Demise of a competent part thereof for all or any part of the said term or by bringing Actions, against any of the Tenants or Occupiers of the same premisses for Recovery of the Rents then in Arrear or by all or any the ways and means hereinbefore mentioned to levy raise and pay such arrears of such of the said Annual Rents or Yearly Sums so payable to the said Lady Juliana Farmor, for the time being as shall from time to time be due and unpaid together with all such Damages, Costs, Charges and Expenses as she the said Lady Juliana and the Trustee or Trustees of the said term of two hundred Years for the time being their respective Executors Administrators or Assigns shall expend sustain or be put unto for or by reason of the nonpayment thereof or otherwise in the Execution of the Trusts of the said term And it is hereby agreed and declared that the said David Barclay and Thomas Hyam and the Survivor of them and the Executors or Admor's of such Survivor do and shall permit and suffer the residue and Surplus of the rents Issues Income and profits of the premisses comprized in the said term of two hundred Years Avhich shall remain after, and shall not be applyed in, for or towards the Execution and performance of the trusts of the said term to be had received and taken by the person or persons to whom the Reversion or Remainder of the premisses ; immediately expectant on the determination of the said term, shall for the time being belong or appertain Provided always And it is hereby agreed 147 and declared by and between the parties to these presents that immediately after the decease of the said Lady Juliana Farmor and payment of all arrears of such of the said Annual Rents, or Yearly sums of three hundred pounds four hundred pounds and five hundred pounds as shall be jDayable to her, for the time being and when and as all the trusts hereinbefore declared of the said term of Two hundred Years, shall be executed and per- formed or become Unnecessary, and the Costs and Charges of the said David Barclay and Thomas Hyam their Respective Executors Administrators or Assignes, in and about the Execu- tion and performance of the same Trusts Paid and Satisfyed, the said Term of two hundred Years shall cease and determine to all intents constructions and purposes whatsoever as if the same had never been raised or created And as to for and concern- ing the said undivided fourth part of the said Province of Pen- silvania and the Quit Rents Other Rents Issues and Profits of the same and all other the premisses mentioned to be hereby Granted and Released immediately after the determination of the several Uses Estates and Limitations hereinbefore thereof respectively limitted created and declared and as the same Uses and estates shall respectively end and determine To the Use and behoof of the first Son of the Body of the said Thomas Penn on the Body of the said Lady Juliana his Intended Wife to be begotten and the Heirs Male of the Body of such first Son lawfully Issuing And for default of such Issue To the Use and behoof of the Second third Fourth fifth and all and every other the Son and Sons of the Body of the said Thomas Penn on the Body of the said Lady Juliana his intended Wife to be begotten severally successively and respectively as they and every of them shall be in Priority of Birth and Seniority of Age and the several Heirs Male of the respective Body and Bodys of each and every such Son and Sons lawfully Issuing The Elder of the same Sons and the Heirs Male of his Body being always preferred and to take before the Younger of the same Sons and the Heirs Male of his or their Body or Bodys And for default of such Issue To the Use and behoofe of the first Son of 19 148 the Body of the said Thomas Penn on the body of any other Woman (whom he shall Marry after the death of the said Lady Juliana) lawfully to be begotten and the Heirs Male of the Body of such first Son And for default of such Issue To the Use and behoofe of the Second third fourth fifth and all and every other the Son and Sons of the Body of the said Thomas Penn on the Body of any such after taken Wife as aforesaid lawfully to be begotten severally successively and respectively as they and every of them shall be in priority of birth and Seniority of Age and the several Heirs Male of the respective Body and Bodys of each and every such Son and Sons lawfully Issuing The Elder of the same Sons and the Heirs Male of his Body being always preferred and to take before the Younger of the same Sons and the Heirs Male of his or their Body or Bodys, And for default of such Issue To the Use and behoof of the said Richard Penn (the only Surviving Brother of the said Thomas Penn) for and during the term of his natural life without Impeachment of or for any manner of waste whatso- ever And from and after the determination of that Estate To the Use and behoof of the said David Barclay and Thomas Hyam and their Heirs during the natural Life of the same Richard Penn Upon Trust only to Support and Preserve the Contingent Uses and Estates thereof hereinafter Limitted from being barred destroyed or discontinued, and for that purpose to make Entries and bring Actions as occasion shall require but nevertheless to Permit and Suffer the same Richard Penn and his Assignes to have receive and take the Rents Issues and Profits of all and singular the same premisses to his and their own Use and Uses during the term of his natural Life : And from and after the decease of the same Richard Penn then To the Use and behoof of the said John Penn (Eldest Son of the same Richard Penn and Nephew of the said Thomas Penn) for and during the term of his natural life without Impeachment of or for any manner of waste whatsoever And from and after the determination of that Estate To the Use and behoof of the said David Barclay and Thomas Hyam, and their Heirs during the natural life of the same last mentioned John Penn upon Trust by the ways and 149 means hereinbefore mentioned to support and preserve the contingent Remainders But nevertheless to permit and suffer the same last mentioned John Penn and his Assigns to have receive and take the Rents Issues and Profits of all and singular the same premisses to his and their own Use and Uses during the term of his natural life ; And from and after the decease of the same last mentioned John Penn Then To the Use and behoof of t|ie first Son of the body of the same John Penn lawfully- begotten or to be begotten and the Heirs Male of the Body of such first Son lawfully Issuing ; And in default of such Issue Then To the Use and behoof of the Second third Fourth Fifth and all and every other Son and Sons of the body of the same John Penn lawfully to be begotten severally and Successively, the one after the other as they shall in Priority of Birth and Seniority of Age and the several Heirs Male of the several and respective Body and Bodys of all and every such Son and Sons respectively the Elder of such Sons and the Heirs Male of His Body being always preferred and to take before the Younger of the same Sons and the Heirs Male of his or their Body or Bodys; and in Default of such Issue Then To the Use and behoofe of the before named Richard Penn (Second Son of the said Richard Penn, the Father and Nephew of the said Thomas Penn) for and during the term of his natural life without Impeachment of or for any manner of waste whatsoever and from and after the determination of that Estate, To the Use and behoofe of the said David Barclay and Thomas Hyam and their Heirs during the natural life of the same Richard Penn (the Son) upon Trust by the ways and means aforementioned, to Support and Preserve the Contingent Remainders But never- theless to permit and suffer the same Richard Penn (the Son) and his Assignee ; to have receive and take, the Rents Issues and Profits of all and singular the same premisses to his and their own Use and Uses during the term of his natural life And from and after the decease of the same last mentioned Richard Penn (the Son) Then To the Use and behoofe of the first Son of the Body of the same Richatd (the Son) Lawfully 150 to be begotten and tlic Heirs IMale of the body of svicli First Son, lawfully Issuing ; And In Default of such Issue, Then To THE Use and behoofe of the Second Third Fourth Fifth and all and every other Sou and Sons of the Body of the same Richard Penn, (the Son) lawfully to be begotten severally and succes- ively The one after the other as they shall be in Priority of Birth and Seniority of Age and the several Heirs Male of the several and respective Body and Bodys of all and every such Son and Sons respectively The Elder of such Sons and the Heirs Male of his Body being always preferred and to take before the Younger of the same Sons and the Heirs Male of his or their Body or Bodys ; And in default of such Issue, Then To the Use and behoof of William Penn [Third Son of the said Richard Penn (the Father) and Nephew of the said Thomas Penn] and the Heirs Male of his Body And in Default of such Issue, Then To the Use and behoofe of all and every other the Son and Sons of the Body of the said Richard Penn (the Father) lawfully begotten, or to be begotten and hereafter to be born severally and successively the one after the other as they shall be in Priority of Birth and Seniority of Age and the Several Heirs Male of the several and respective Body and Bodys of all and every such Son and Sons respectively The Elder of such Sons and the Heirs Male of his Body being always preferred and to take before the Younger of the same Sons and the Heirs Male of his or their Body or Bodys And in default of all such Issue Male, as aforesaid Then To the Use and behoof of the Heirs of the Body of the said Thomas Penu, And in default of such Issue Then To the Use aud behoofof the Heirs of the Body of the said John Penn (Eldest Son of the said Richard Penn the Father) And in default of such Issue Then To the Use and behoof of the Heirs of the Body of the said Richard Penn (Second Son of the said Richard Penn the Father) And in default of such Issue Then To the Use and behoofe of the Heirs of the Body of the said William Penn (third Son of the said Richard Penn the Father) And in default of such Issue Then To the Use and beho«f of the Heirs of the Body and Bodys of 151 all and every other the Son and Sons of the Body of the said Richard Penn (the Father) hereafter to be born severally suc- ccessively and respectively the Heirs of the Body of every elder of such Sons to be always preferred and to take before the Heirs of the Body of the Younger of such Sons and in default of such Issue Then To the Use and behoofe of Hannah Penn (at present the only Daughter of the said Richard Penn the Father) for and during the term of her natural life ; without Impeachment of or for any manner of waste whatsoever And from and after the Determination of that Estate To the Use and behoof of the said David Barclay and Thomas Hyam and their Heirs during the Natural life of the same Hannah Penn Upon Trust by the ways and means hereinbefore mentioned only to Support and Preserve the Contingent iRemaiuders but nevertheless to permit and suffer the said Hannah Penn and her Assigns to have receive and take the Rents Issues and Profits of all and singular the same premisses to her and their own Use and Uses during the term of her natural life, And from and after the decease of the said Hannah Penn, Then To the Use and behoofe of the first Son of the Body of the said Hannah Penn lawfully to be begotten and the Heirs Male of the Body of such first Son lawfully Isssuing And in default of such Issue Then To the Use and behoof of the said Second third fourth fifth and all and every other Son and Sons of the Body of the said Han- nah Penn lawfully to be begotten severally successively and respectively the one after the other as they shall be in Priority of Birth and Seniority of Age and the several Heirs Male of the several and respective Body and Bodys of all and every such Son and Sons respectively the Elder of such Sons and the Heirs Male of his Body being always preferred and to take before the Younger of the same Sous and the Heirs Male of his Body or Bodys And in default of such Issue Then To the Use and behoofe of the Heirs of the Body and respective Bodys of the first second third and all and every other the Son and Sons of the Body of the said Hannah Penn lawfully to be begotten severally and successively. The Heirs of the Body of every elder of such Sons being always preferred and to take before the Heirs of the Body of the Younger of the same Sons And in default of such Issue, Then To the Use and behoofe of the Heirs of the Body of the said Hannah Penn ; And in default of such Issue, Then To the Use and behoofe of the Heirs of the Body of the said Richard Penn (the Father) And in default of such Issue, Then To the Use and behoofe of Philadelphia Hannah Freame; (Daughter and only Child of the said Margaretta Freame, deceased late Sister of the said Thomas Penn) for and during the term of the natural life of the said Philadelphia Hannah Freame without Impeachment of or for any manner of waste W'hatsoever And from and after the determination of that Estate Then To the USE and behoof of the said David Barclay and Thomas Hyam and their Heirs during the natural life of the said Philadelphia Hannah Freame Upon Trust by the w^ays and means aforemen- tioned to preserve the contingent remainders but nevertheless to permit and suffer the said Philadelphia Hannah Freame and her Assignes to have receive and take the rents issues and pro- fits of all singular .the said yremisses to her and their own Use and Uses during the term of her natural Life ; And from and after the decease of the said Philadelphia Hannah Freame Then To THE Use and behoofe of the first Son of her Body lawfully to be begotten and the Heirs Male of the Body of such first Son lawfully Issuing, And in default of such Issue ; Then To the Use and behoofe of the Second third fourth fifth and all and every other Son and Sons of the Body of the said Philadelphia Hannah Freame lawfully to be begotten severally and succes- sively The one after the other as they shall in Priority of Birth and Seniority of Age and the several Heirs Male of the several and respective Body and Bodys of all and every such Son and Sons respectively the elder of such Sons and the Heirs Male of his Body being always preferred and to take before the younger of the same Sons and the Heirs Male of his or their Body or Bodys And in default of such Issue, Then To the Use and behoofe of the Heirs of the Body and respective Bodys of the first seeond third and all and every other the Son and Sons of 153 the "body of the said Philadelphia Hannah Freame lawfully to be begotten severally and successively the Heirs of the Body of every Elder of such Sons being always preferred and to take before the Heirs of the body of the Younger of the same Sons. And in default of such Issue Then To the Use and behoof of the Heirs of the body of the said Philadelphia Hannah Freame, And in default of such Issue, Then To the Use and behoofe of Springett Perm (Great Nej)hew, of the half Blood, of the said Thomas Penn) fdt and during the term of his natural Life, without Impeachment of, or for any manner of waste whatso- ever. And from and after the Determination of that Estate Then To THE Use and behoofe of the said David Barclay and Thomas Hyam, and their Heirs, for and during the natural life of the said Springett Penn Upon Trust by the ways and means here- inbefore mentioned to support and preserve the contingent Re- mainders but nevertheless to permit and suffer the said Springett Penn and his Assignes to have receive and take the rents Issues and Profits of all and singular the same premisses to his and their own Use and Uses during the term of his natural life, And from and after the decease of the said Springett Penn, Then, To THE Use and behoof of the first second third and all and every other the Son and Sons of the Body of the said Springett Penn lawfully to be begotten severally and successively The one after the other as they shall be in Priority of Birth and Seniority of Age and the Heirs Male of the Body and Bodys of such Son and Sons respectively The Elder of such Sons and the Heirs Male of his Body being always preferred and to take before the younger of the same Sons and the Heirs Male of his or their Body or Bodys And in default of such Issue Then To the Use and behoof of the Heirs of the Body and respective Bodys of the first Second third and all and every other the Son and Sons of the Body of the said Springett Penn lawfully to be begotten severally and successively and in remain- der The Heirs of the body of every Elder of such Sons being always preferred and to take before the Heirs of the Body of the Younger of the same Sons And in default of such Issue 154 Then To the Use and bchoofc of the Heirs of the Body of the said Springett Penn And in default of such Issue Then To THE Use and behoofe of Christiana Gulielma Penn (the half Sis- ter of the said Springett Penn) for and during the term of her natural life without Impeachment of or for any manner of waste whatsoever And from and after the determination of that Estate Then To the Use and behoofe of the said David Barclay and Thomas Hyam and their Heirs during her natural life, upon Trust by the ways and means aforementioifed to support and preserve the contingent remainders but nevertheless to permit and suffer the said Christiana Gulielma and her Assignes to have receive and take the rents issues and profits of all and singular the same premisses to her and their own use and Uses during the term of her natural life ; and from and after her decease Then To the Use and behoofe of the first second third and all and every other the Son and Sons of her Body lawfully to be begotten severally and successively and in remainder the one after the other as they shall be in Priority of Birth and the sev- eral and respective Heirs Male of the Body and Bodys of such Son and Sous respectively The Elder of such Sons and the Heirs Male of his Body being always preferred and to take before the Younger of the same Sons and the Heirs Male of his or their Body or Bodys And in default of such Issue Then To the Use and behoof of the Heirs of the Body and respective Bodys of the first Second third and all and every other the Son and Sons of the Body of the said Christiana Gulielma Penn lawfully to be begotten severally and successively the Heirs of the Body of every elder of such Sons being always preferred and to take before the Heirs of the Body of the Younger of the same Sons And in default of such Issue Then To the Use and behoofe of the Heirs of the Body of the said Christiana Gulielma Penn And in default of such Issue Then To the Use and behoofe of Robert Edward Fell, (the only Son now living of Gulielma Maria Fell deceased) for and during the term of his natural Life without impeachment of or for any manner of waste what- soever ; And from and after the determination of that Estate 155 Then To the Use and behoofe of the said David Barclay and Thomas Hyam and their Heirs during the natural life of the said Kobert EdAvard Fell Upon Trust by the ways and means herein- before mentioned to support and preserve the contingent remain- ders but nevertheless to permit and suffer the said Robert Edward Fell and his Assigns to have receive and take the rents Issues and Profits of all and singular the same premisses to his and their own use and uses during the term of his natural life And from and after the decease of the said Robert Edward Fell Then To THE Use and behoof of the first Second third and all and every other the Son and Sons of the Body of the said Robert Edward Fell lawfully to be begotten and the Heirs Male of their several and respective body and bodys severally and suc- cessively the one after the other, as they shall be in Priority of Birth and Seniority of Age, The Elder of such Sons and the Heirs Male of his Body being always preferred and to take before the Younger of the same Sons and the Heirs Male of his or their Body or Bodies, And in default of such Issue Then To THE Use and behoof of the Heirs of the Body and respective Bodys of the first Second third and all and every other the Son and Sons of the Body of the said Robert Edward Fell lawfully to begotten severally and successively and in remainder The Heirs of the Body of every elder of such Sons being always pre- ferred, and to take before the Heirs of the Body of the Younger of the same Sons And In default of such Issue, Then To the Use and behoof of the Heirs of the Body of the said Robert Edward Fell and in default of such Issue Then To the Use and behoof of Mary Margaretta Baron (Eldest Daughter now living of the said late Gulielma Maria Fell and now the Wife of John Barron, of Leeds) for and during the term of her natural life without impeachment of or for any manner of waste whatsoever And from and after the determination of that Estate Then To THE Use and behoof of the said David Barclay and Thomas Hyam and their Heirs, for and during the Natural life of the said Mary Margaretta upon Trust by the ways and means here- inbefore mentioned to Support and Preserve the contingent Re- 20 156 mainders but nevertheless to Permit and Suffer the said Mary Margaretta and her Assignes to have receive and take the rents Issues and profits of all and singular the same premisses to her and their own use and Uses during the term of her natural Life, And, from and after the decease of the said Mary Margaretta Then To the Use and behoof of the first second third and all and every other the Son and Sons of the body of the said Mary Margaretta lawfully begotten or to be begotten severally and successively, the one after the other as they shall be in Priority of Birth and the several and respective Heirs Male of the Body and Bodys of such Sons respectively every elder of such Sons and the Heirs Male of his Body being always preferred and to take before the Younger of the same Sons and the Heirs Male of his or their Body or Bodys And in default of such Issue Then To THE Use and behoof of the Heirs of the Body and respective Bodys of the first second third and all and every other the Son and Sons of the Body of the said Mary Margaretta, lawfully to be begotten and severally and successively the Heirs of the Body of every elder of such Sons, being always preferred and to take before the Heirs of the Body of the Younger of the same Sons And, in default of such Issue Then To the Use and behoofe of the Heirs of the Body of the said Mary Margaretta Barron And in default of such Issue Then To the Use and behoofe of Gulielma Maria Frances Newcomb, (the only other Daughter now Living of the said late Gulielma Maria Fell and at'preseut the Wife of John JSTewcomb Clerk) for and During the term of he» natural life without impeachment of or for any manner of waste whatso- ever And from and after the detei'mination of that Estate Then To the Use and behoofe of the said David Barclay and Thomas Hyam, and their Heirs, for and during the natural life of the said Gulielma Maria Frances Newcomb In Trust by the ways and means hereinbefore mentioned to Support and Preserve the contingent remainders but nevertheless to permit and suffer the said Gulielma Maria Frances and her Assignes to have receive and take the rents Issues and profits of all and singular the same premisses to her and their own use and Uses during the 157 term of her natural life, And from and after the decease of the said Gulielma Maria Frances, Then To the Use and behoofe of the first second third and all and every other the Son and Sons of the Body of the said Gulielma Maria Frances Newcomb law- fully begotten or to be begotten severally and successively The one after the other as they shall be in Priority of Birta and the Heirs Male of the Body and respective Bodies of such Sons Issu- ing Every Elder of such Sons, and the He'" j Male of his Body being always preferred and to take before the Yuonger of the same Sons, and the Heirs Male of his Body And in default of such Issue Then To the Use and behoofe of the Heirs of the Body and respective Bodies of the First Second third and all and every other the Son and Sons of the Body of the said Guliel- ma Maria Frances lawfully to be begotten severally and succes- sively the Heirs of the Body of every Elder of the said Sons being always preferred and to take before the Heirs of the Body of the younger of the same Sons And in default of such Issue Then To the Use and behoofe of the Heirs of the Body of the said Gulielma Maria Frances And in Default of all such Issue Then the Remainder in Fee, To the Use and behoofe of the Right Heirs of the said Thomas Penn for ever, Provided Always And it is hereby agreed^nd declared by and between the parties to these presents aOT the true intent and meaning of them and of these presents is that In Case by the Determina- tion of all the Particular Uses Estates and Limitations hereby Limitted Created and Declared of and concerning the premisses mentioned to be hereby Granted and Released which are prece- dent or preferred to the Reversion or Remainder in Fee Simple Limitted or reserved to the Right Heirs of the said Thomas Penn as aforesaid The premisses comprized in this j^reseut Settle- ment shall devolve upon come unto or Vest in the Right Heirs of the said Thomas Penn and such Right Heirs shall be two or more Females or in Case by Virtue of or under any the Limitations Estates or Uses hereinbefore settled Limitted or Declared unto upon or for theHeirs of the Body of any One or more of the several persons hereinbefore named or described any such Heirs of the Body 158 of any such person or persons shall be two or more Females Then and in all and every such Case and Cases and so often as ever the same shall happen the first or eldest of such two or more Females, and She only, and Solely and the Heirs of her Body shall take have and enjoy the whole of the said fourth part or Quarter part and all and singular the premisses hereby Granted and Released or intended so to be, to herself alone and to the Heirs of her Body, without partition or division, And on failure of Issue of the first or Eldest of such Females Then the said Fourth part or Quarter part shall in like mannef go remain and enure whole and Entire without partition or division, to the Second or next Eldest of such two or more Females and to the Heirs of her Body ; and so from time to time in like manner so often as any such Case shall happen Provided also And It is hereby agreed and declared that the premisses hereby Granted and Released were and are hereby Settled Limitted Conveyed and Assured to the several Uses and for the several purposes before mentioned upon this express Condition that every person who by Virtue of and under the Limitations of this present Settlement shall become Intitled unto the said Fourth part or Quarter part and premisses and also every per- son who shall intermarry witl^ny female who by Virtue of and under the Limitations afores*d shall become intitled unto the same premisses do and shall from time to time when and as they severally and respectively shall become Intitled to the same in possession take upon them and use the Surname of Penn and that only and no other Surname therewith and shall also bear the Coat Arms of the said Thomas Penn Provided also And upon this Condition nevertheless which is hereby declared and agreed upon by and between the parties to these presents That it shall and may be lawfull to and for the said Thomas Penn at any time and times during his Natural life and also to and for each and every other person who by means of any the Limitations Estates or Uses hereinbefore expressed Settled Limitted or de- clared shall be in possession of the said Fourth part or Quarter part and premisses hereby Granted or intended so to be when sev- 159 erally successively and respectively in possession of the same premisses to do execute and perform all lawfull Acts Deeds Matters and Things whatsoever necessary for all every or any the severall purposes hereinafter mentioned that is to say First for the Conveying or Granting out, for any Estate or Estates how large soever of any Lands or other Hereditaments whatso- ever in the said Province andCountys on reserving in each such Grant or Conveyance of any Lands as much Quit Kent in Pro- portion and the like Services as have been of late generally reserved on other Lands Granted out by the said Testator John Penn and by the said Thomas Penn and Richard Penn (the Father) unless that it shall be found necessary, for the general Service of the said Province to make or Grant out Lands for any Settlements upon the Frontiers where by means of the great distance, from the then other Inhabitants, the like Quit Rents cannot be reserved as in the more settled parts of the said Pro- vince and then and in such Case, for the Conveying and Grant- ing out (for the general Service only and not for the private Utility or Benefit of such possessor or his Family) of any Lands on Reservation of such Rent and Services only, as to the possessor, for the time being shall seem proper ; so as in such- last mentioned Cases no fine or purchase money be taken on any such Grant as last mentioned And the Share of all such Quit Rents and Services, to be reserved on every such Grant (in respect of the Quarter part of the said Province and Countys hereinbefore Granted or intended so to be) shall from time to time discend remain and go along with, and be considered as the Rents and Profits of the said Quarter part of the said Province and Countys and of the Estate and Inheritance of the same according to the Limitations Estates or Uses hereinbefore expressed Settled Limitted or Declared. But all Fines and purchase moneys, to be raised by, or upon such Grants, (in any such Cases where according to the true intent and meaning of these presents any such Fines or purchase moneys may be raised or taken) shall as to the fourth part of the same respectively the Quarter part of the said Province and Counties hereinbefore 160 Granted or intended so to be lielong to the possessor, for the time being of the said Quarter part of the said Province and Counties as his or her own proper money and Estate Secondly for the Settlement and Determination of the Extent Limits and Boundarys of the said Province and Countys Thirdly, for the appointment of Governors Deputy Governors Lieutenant Gover- nors and any other Officers, whatsoever of the same Province and Countys ; Fourthly for the carrying on and Exercising, of the Governments Franchises and Jurisdictions, in the same : Fifthly, for the making and concluding of any sort of Treatys either with the Native Indians in those parts or with any other per- sons whom it may concern ; And Sixthly, for the performance of eveiy other great and general matter, Power Authority and Jurisdiction Granted by the Crown with the same Province and Counties or any of them and which may upon any Publick Occa- sion, be proper or fitting to be done for the general Service and benefit of the same Province and .Countys And to do execute and perform all such lawfull Acts Deeds Matters and Things whatsoever as aforesaid in as full perfect absolute and effectual manner as if the said Thomas Penn, or such other person pos- sessor for the time being of the said Quarter part of the said Province and Countys hereinbefore Granted, or intended so to be was the absolute and perfect owner and proprietor thereof, in Fee Simple Provided also, and upon this Condition nevertheless which is hereby declared and agreed upon by and between the Partys to these presents That it shall and may be lawfull to and for the said Thomas Penn, at any time and Times during his natural life, and also to and for each and every other person who, by means of any the Limitations, Estates or Uses hereinbe- fore expressed Settled, Limittcd or Declared ; shall be in posses- sion of the said Fourth part or Quarter part of the premisses hereby Granted or intended so to be when in possession of the same Quarter part to do Execute and perform all lawfull Acts Deeds Matters and Things whatsoever in order to the Execution and performance of certain Articles of Agreement, bearing date on or about the tenth day of May, which was in the Year of our 161 Lord One thousand Seven Hundred and thirty two, made and entered into between Charles Lord Baltimore, (then Proprietor of the Province of Mary Land but now lately deceased) and the said John Penn (since deceased) Thomas Penn and Richard Penn (the Father) and in Order to the making and perfecting any such Conveyances Releases or Assurances, as by the said last mentioned Agreement was or were Covenanted or Agreed to be made by or on the part of the same John Penn Thomas Penn and Richard Penn And also to Enter into all such Agreements and to do and execute all such matters and things as shall be any way necessary or required to be done by or on the part of his Majesty his Heirs or Successors with respect to the said three lower Countys, or any of the same or any part or parts of any of the same And that all such Acts Deeds Agreements Conveyances Releases Assurances Matters and Things to be done in pursuance of any of the powers and authorities, given by this present provisoe, of what kind sort or nature soever the same may be shall be as Valid, and Effectual to all intents and purposes, to Convey and release, bind assure engage and charge such part and parts of the premisses, hereby Granted, or intended to be, as shall be so Conveyed away? Released engaged assured charged or bound notwithstanding the present Settlement and Limitations of the premisses, by these presents made or any of the same and notwithstanding the sev- eral Charges, or Jointures, Term of Years and Trusts thereof hereinbefore mentioned, or any of them, as if these presents had never been made, and as if the said Thomas Penn, or such other person, possessor for the time being of the said Quarter part of the said Province and Countys, hereinbefore Granted, or intended so to be, was the absolyte and perfect Owner and proprietor thereof in Fee Simple ; And upon every such Occasion the said David Barclay and Thomas Hyam, as well as the said Lady Juliana, and every other person interested, or to be interested, in any part of the premisses and their several and respective Heirs Executors Administrators Assignes and Trustees shall Instantly upon the first request become partys to and Join in and Execute all and every or any such Acts Deeds Agreements Con- 162 veyanccs Releases Assurances Matters and Things in pursuance of the true intent and meaning of this present provisoe, These pi'esents or any thing herein contained to the contrary thereof in any wise notwithstanding And then, and in such Case all and every the Joynture or Joyntures provision and provisions Term of Years and Trusts thereof hereinbefore charged made raised created Settled Limitted Appointed or otherwise expressed shall remain charged upon and shall incumber and affect only the rest, resi- due, and remainder, of the said Quarter part of the said Province and Countys which shall not be conveyed away released engaged assured charged or bound as aforesaid by Virtue of this present provisoe, and the Powers and authoritys hereby Given; any thing in these presents contained, to the contrary thereof, in any wise notwithstanding. Provided also and upon this Con- dition nevertheless which is hereby agreed upon, by and between the parties to these presents, That in Case it shall happen, that any new or other Grant Release Assurance Title or Confirma- tion shall at any time or times hereafter be obtained either from his Majesty his Heirs or Successors, or from the Heirs of, or per- sons claiming under tte said Charles late Lord Baltimore, deceased or from any other person or persons whatsoever of or for the said Province of Pensilvania or of or for the said three lower Countys of New Castle, Kent and Sussex or any of them or of or for any part or parts of the same or of any of them Then and in every such Case every such new or other Grant Release Assurance Title or Confirmation shall (as to the fourth part or Quarter part of the said Thomas Penn of and in the same and of and in the benefit and advantage thereof) be to and for the uses intents and purposes, with the powers, and upon and under the trusts Provisoes JLimitations Restrictions Declarations and Agreements in these presents mentioned declared limitted or expressed in the self same manner, and as fully, to all intents Constructions and purposes whatsoever as if such new or other Grant Release Assurance Title or Confirma- tion had been obtained made granted executed or conveyed before the time of the ensealing and Delivery of these presents 163 Provided always and it is hereby agreed and declared by and between the parties to these presents that it shall and may be lawfull to and for the said Thomas Penn at any time or times during his life after the decease of the said Lady Juliana Farmoij» his intended Wife by any Deed or Deeds Writing or Writings to be by him duly executed in the presence of two or more Wit- nesses to Grant Limit or Appoint unto upon or to the Use of any Woman or Women with whom he shall intermarry after the decease of the said Lady Juliana for and during the life and lives of such Woman and Women respectively for or in the name of her or their Jointure or Jointures and in barr of her or their Dower or Dowers to take effect from and after the death of the said Thomas Penn such annual Sum or Yearly rent charge of law- full money of Great Britain to be Issuing out of and charged upon the premisses hereby charged with such of the said Yearly Rents or Annual Sums hereby Secured to or for the said Lady Juliana Earmor as shall be payable for the time being or any part thereof free from all deductions and abatements for or in respect of any Taxes charges Assessments Remittance or any other Account whatsoever as is hereinafter mentioned that is to say the Yearly Rent or Sum of three hundred pounds only In Case at the time of the death of the said Thomas Penn there shall be any Issue Male of his Body Lawfully begotten living at the time of his death or afterwards born alive or there being no such Issue Male, there shall be two or more Daughters of the Body of the said Thomas Penn born in his life time or after his death respec- tively who shall both Survive him Or the Yearly Rent or Sum of Four hundred pounds and no more In Case at the time of the death of the said Thomas Penn there shall be no Issue Male of his Body lawfully begotten living or afterwards born alive and there shall be then only one Daughter of the Body of the said Thomas Penn lawfully begotten, living or afterwards born alive Or the Yearly Sum of Five hundred pounds In Case there shall be no Issue Male or Female of the Body of the said Thomas Penn begotten living at the time of his death or afterwards born alive And also to Give and Grant such powers of Entry and 21 164 distress upon and perception of the Rents and Profits of the premisses, so as to be charged as aforesaid and to Limit a Term of Years of the same premisses for the better and more effectually e^ecuring and Enforcing the payment of such of the said Annual Rents or Yearly Sums, as shall be so Granted Limitted or Appointed, as are usual in Cases of Rents Charge ; And it is hereby also further agreed provided and declared that in Case the said Thomas Penn shall happen to Live, untill the End or Expiration of Twenty Years to be computed from the thirty First day of January One Thousand Seven hundred and Fifty Then and in such Case. It shall and may be lawfull to and for the said Thomas Penn at any time or times from and after the End of the said twenty Years to be computed as aforesaid to Grant Limit and Appoint such further or additional annual rent or yearly Sum, as by the tenor and true intent and meaning of the said Articles of the thii-ty First day of January One Thou- sond Seven hundred and fifty he is impowered to do unto and for the benefit of such Woman as shall then be his Wife or of such other Wife as he shall thereafter marry for and during the Life of any such Woman or Women to take Effect after his death and to be Issuing out of and charged upon the premisses men- tioned to be hereby charged with such of the said Yearly Rents or Annual Sums hereby Secured to and for the said Lady Juliana Farmor as shall be payable to her for the time being or any part thereof with such powers remedies and provisions for Securing & Enforcing the payment of the same as are hereinbefore given and provided with respect to the Annual Rent or Yearly Sum hereby Secured and provided for the said Lady Juliana Farmor, in the Cases and on the respective Contingencies here- inbefore mentioned Provided also and It is hereby declared and agreed upon by and between the parties to these presents that it shall and may be lawfull to and for the Issue Male and Male Descendants of the Body of the said Thomas Penn respec- tively and to and for the Male Issue and Male Discendants of the Body of the said Richard Penn, the Father, respectively and to and for such other Male person and persons who from time M5 to time by Virtue of any the Limitations Estates or Uses here- inbeforo expressed Settled Limitted or Declared and according to the true intent and meaning of the said recited Articles of Agreement of the thirty First day of January One thousand Seven hundred and Fifty shall be Intitled to make and charge any provision or provisions or encreased provision for his or their respective Widow after his or their own several and respec- tive Deceases, out of such parts as aforesaid, of the said Quarter part of the premisses which are hereby Granted and Released or intended so to be to make and charge such provision or pro- visions or encreased provision, in such manner at such times upon such terms and under such restrictions, in all respects, as in and by the said last mentioned Articles of Agreement, is and are mentioned provided or agreed. These presents or any thkg herein contained to the contrary thereof in any wise nW- withstanding Peovided also, and upon this Condition nevertheless which is hereby declared and agreed upon by and between the said parties to these presents That it shall and may be law full to and for the said Thomas Penn by his last Will and Testament in Writing under his Hand and Seal Attested by two, or more Credible Witnesses to charge his Quarter part or Fourth part of the said Province of Pensil- vania, and of the Quit Rents and other Rents Issues and Profits of the same only (but not the Government of the said Province nor any other part whatsoever of any of the premisses hereby granted or intended so to be) with the payment of any Sum or Sums of money not Exceeding in the whole the Sum of Three thousand pounds unto or for the benefit of his Younger Child or Children, which he may hereafter have and to bear such Inter- est and from such time, and to be charged ; in such Case and in such manner, as is nientioned provided or agreed, in and by the said recited Articles of Agreement Tripartite of the Eighth day of May One Thousand seven hundred and thirty two relating to the Sum of three thousand pounds therein charged or Agreed or intended, for his Younger Child or Children so as effectually to charge and Secure such Sum of three thousand pounds and 166 Interest for his Younger Child or Children in The Case and in the manner therein provided for agreed or mentioned And for want of such Charges or 'Charge Then it is hereby agreed, by and between the partys to these presents, That the premisses hereby Granted, or intended so to be, shall by Virtue of the said Articles of Agreement Tripartite, and of these presents stand and be charged at and from and after his decease with the payment of such three Thousand pounds, to his Younger Child or Childen, equally to be Payable at such respective Times, and to bear such Interest, in the mean time and that, for such pur- poses as in and by the said recited Articles of Agreement Tri- partite, is mentioned provided agreed or expressed. These pre- sents or any matter or thing herein contained, to the contrary thereof in any wise notwithstanding Provided also. That In iSme the said Thomas Penn shall happen to dye leaving only one or more Daughter or Daughters, but no Son, or, having a Son or Sons such Son or Sons shall dye before the Age of twenty One Years or dye leaving no Issue Male, Then, and in either or any of the said Cases it shall and may be lawfull to and for the said Thomas Penn in such waj^ and manner as in the said recited Articles or Agreement Tripartite of the Eighth day of May One thousand Seven hundred and thirty two is mentioned provided or agreed upon, to charge his Quarter part or Fourth part, of the said Province of Pensilvania and of the Quit Rents Other Rents Issues and Profits of the same only (but not the Government of the said Province nor any other part whatsoever of any of the premisses hereby Granted or intended so to be) with the payment of any Sum riot Exceeding five thousand pounds British money to the Daughters of the said Thomas Penn In Case of more than one Daughter of him and of Four thousand pounds to one Daughter of him, in case he shall leave but one, in such proportions and in such manner and with such Interest for the same as in and by the said recited Articles of Agreement Tripartite is, or are mentioned declared provided or agreed. And for want of such charge. Then it is hereby agreed by and between the partys to these presents That the premisses 167 hereby Granted, or intended so to be shall by Virtue of the said Articles of Agreement Tripartite and of these presents stand and be charged with the payment of such Four thousand pounds, or Five thousand pounds (according to which of the Cases shall hapj)en) for such only Daughter, or for such several Daughters equally, and to bear such Interest untill paid out to be applyed for such maintenance and to be so payable and paid, as in and by the said recited Articles of Agreement Tripartite is mentioned provided agreed or exjiressed these presents or any matter or thing hereinbefore contained to the contrary thereof in any wise notwithstanding Provided also and it is hereby declared and agreed upon, by and between the said parties to the s*^ presents That in Case the said Thomas Penn shall not leave any Issue of his Body Then and in such case it shall and may be lawfull to and for the said Thomas Penn, by any such his Deed or Will as in the said recited Articles of Agreement Tripartite, is for that purpose mentioned, provided or agreed upon, to charge his Quarter part or Fourth part of the said Pro- vince of Pensilvania and of the Quit Rents Other Rents Issues and Profits of the same only (but not the Government of the said Province, nor any other part whatsoever, of any of the Pre- misses, hereby Granted, or intended so to be) with the Sum of three thousand pounds British money, payable to such person or persons, as the said Thomas Penn shall appoint in such man- ner as in and by the said recited Articles of Agreement Tripar- tite is mentioned declared provided or agreed, these presents or any matter or thing herein contained to the contrary thereof in any wise notwithstanding Provided also and it is hereby agreed upon by and between the parties to these presents That In Case the said Thomas Penn, at any time after the said intended Marriage shall take effect and during the life time of the said Lady Juliana shall to the satisfaction and with the appro- bation of the said William Murray William Vigor David Bar- clay and Thomas Hyam or the Survivors or Survivor of them or the Executors or Administrators of such Survivor Settle Convey Limit or Assure (over and above and exclusive of the 16S provision made secured agreed upon and provided for the said Lady Juliana Farmor in and by the- said Indenture Tripartite of equal date herewith) such and the like annual Rent or Yearly Sum of Lawfull money of Great Britain free from all deductions as aforesaid as is hereby Limitted and Secured or intended to be limitted and secured to her in the several Events, and on the respective contingencies hereinbefore mentioned to be respectively charged or secured upon any particular Lands Tenements Rents or Hereditaments of sufficient Value either in Great Britain or in America, unto upon and to the use of the said Lady Juliana Farmor for her Life to take effect after the death of the said Thomas Peun, and to be paid from thenceforth by such Quarterly Payments as aforementioned Or In Case the said Thomas Penn at any time after the Solemnization of the said intended Marriage and during the Joint Lives of him and the said Lady Juliana shall pay or cause to be paid or effectu- ally secure unto the said William Murray William Vigor David Barclay and Thomas Hyam or the Survivors or Survivor of them or the Acting Executors or Administrators of the Survivor of them such Sum of money as by the said Lady Juliana shall be accepted and by the said William Murray William Vigor David Barclay and Thomas Hyam or the Survivors or Survivor of them or the Acting Executors or Administrators of such Survivor shall be deemed to be a full Equivalent com- pensation and recompence for such Annual Rent or Yearly Sura in Order and to the extent that such sum of money so to be accepted as and for such Equivalent may by the said William Murray Willliam Vigor David Barclay and Thomas Hyam or the Survivors or Sui'vivor of them or the Acting Executors or Administrators of such Survivor be applyed and disposed of, for such purposes as by the said Lady Juliana and by the said William Murray and William Vigor David Barclay and Thomas Hyam or the Survivors or Survivor of them or the Acting Executors or Administrators of such Survivor shall in that behalf be agreed and declared Then and in either of the said Cases and from thenceforth the several rents charge 169 hereby limited, secured and provided unto and for the said Lady Juliana Farmer to take efi'ect upon the respective contin- gencies hereinbefore mentioned and all the remedies powers term of Years and other provisions hereby made given and provided for Securing Recovering and Enforcing the payment of the same shall cease and determine and become null and void and of none effect any thing herein contained to the contrary thereof in any wise notwithstanding And the said Thomas Penn for himself his Heirs Extor's and Admor's and for every of them doth Covenant Promise Grant and Agree to and with the said David Barclay and Thomas Hyam and each of them and to and with their and each of their Heirs Extor's Admor's and Assigns and every of them by these presents- in manner and form following that is to say That for and notwithstanding any Act matter or thing by the said Thomas Penn or any of his Ancestors at any time heretofore made done or wittingly or wil- lingly comitted to the contrary (Other than and except as hereinafter is excepted) He the s"^ Thomas Penn now at the time of the ensealing & delivering of these presents is and standeth truly lawfully rightfully and absolutely seized of and in a clear perfect and absolute estate of inheritance in Fee Simple of and in all and singular the said undivided one fourth part or quarter part of the said Province of Pensilvania and other the preme's mentioned or intended to be hereby granted or released with their and each and every of their Rights Mem- bers Incidents and Appurtenances And that for and notwith- standing any such Act matter or thing as aforesaid he the said Thomas Penn now at the time of the Ensealing & delivering of these presents, hath in himself good right full power true title and lawfull and absolute authority to grant bargain Sell Alien Release and Confirm All and Singular the preme's herein- before mentioned or intended to be granted and released as aforesaid unto the said David Barclay and Thomas Hyam their Heirs & Assigns to and for the several uses intents and purposes, and subject to the several trusts provisos Limitations and Agreements and in manner and form as aforesaid according to 170 the true intent and meaning of these presents And that for and notwithstanding any such Act matter or thing as aforesaid all and singular the preme's hereinbefore granted released or men- tioned or intended so to be shall and may &t all times from henceforth for ever hereafter go remain and enure and be law- fully peaceably and Quietly held and enjoyed, and the yearly and other rents issues and profits thereof received had and taken To for upon and Subject to, the several Uses Trusts Powers Provisos and Limitations hereinbefore mentioned expressed limitted and declared without any the lawfull lett suit trouble interruption or demand of, or by the s"^ Thomas Penn his Heirs or Assigns ; or any of them or of or by any other person or persons lawfully claiming or to claim by from under or in trust for him them or any of them or by from under or in trust for, any of the Ancestors of the said Thomas Penn And that free and clear and freely clearly and absolutely acquitted freed exonerated and discharged or otherwise upon reasonable request at all times hereafter well and sufficiently saved and kept harmless and indemnifyed by the said Thomas Penn his Heirs Extor's & Admor's of from and against all and all manner of former and other gifts, grants bargains Sales Leases Mortgages Joint- ures Dowers Uses Wills Settlements Intails Debts Judgements Executions Levys Extents Statutes and Recognizances and of from and against all other estates titles troubles charges for- feitures and incumbrances whatsoever at any time heretofore had made comitted done or wittingly or willingly suffered acknowledged created or executed by the s"* Thomas Penn or any of his Ancestors or by any cither person or persons lawfully claiming by from under or in Trust for them or either or any of them, [Except the Rents Payments Reservations Covenants Conditions and Agreements on the part of the said William Penn (late Father of "the said Thomas Penn) or of his Heirs Extor's Admor's or Assigns to be paid done and performed reserved or mentioned in the Charter or Letters Patent from his late Majesty King Charles the Second whereby the s*^ Province of Pensilvania was granted unto the s^ William Penn (late m. Father of the s** Thomas Penn] An© also Except the rents pay- ments reservations Covenants Conditions and Agreements on the part of the s^ William Penn (late Father of the said Thomas Penn ) or of his Heirs Extor's Admor's or Assigns to be paid done & performed reserved or mentioned in both and in each of two several Indentures of Feoffment, each of the same bearing date on or about the twenty first day of August One thousand six hundred & eighty two and made between his said late Royal Highness James then Duke of York of the one part and the s^ William Penn (late Father of the said Thomas Penn) of the other part by which said Indentures of Feoffment, the said three lower Countys or some part or parts of the same were granted unto the s^ William Penn party to the same Indentures And Except the Grants and Conveyances which have been made, by the said Thomas Peun and his ancestors, of many very large and considerable parcels of the Lands and Heredita- ments in order to the Cultivation and Settlement of the s"^ Pro- vince of Pensilvania and the said three lower Countys or others- wise ; And.Except the said Articles of Agreement Tripartite of the eighth day of May one thousand seven hundred and thirty two And Except certain Articles of Agreement of the tenth day of May One thousand -seven hundred and thirty two between the s^ Charles late Lord Baltimore and The said late John Penn and the said Thomas Penn and the s"* Richard Penn (the Father) and the Covenants Provisoes Conditions Clauses and Agreements therein contained And Except the s'' several Articles of Agree- ment of the thirty first day of January One thousand seven hundred and fifty and twentieth day of March one thousand seven hundred and fifty hereinbefore recited or referred to and the Covenants Provisos Conditions Clauses and Agreements therein contained) And Further that he the said Thomas Penn and his heirs and every other person and persons whatsoever lawfully having or claiming or which shall or may have or law- fully claim any Estate Right Title or Interest of in unto or out of any of the preme's hereinbefore granted or intended so to he by from under or in trust for the s^ Thomas Penn or any of his 22 172 Ancestors Other than and Except the several persons claiming or to claim by means or in respect of, any of the matters herein- before mentioned and excepted) shall and will from time to time and at all times hereafter upon the reasonable request and at the Costs and Charges of the said David Barclay and Thomas Hyam their heirs & Assigns make do acknowledge levy suffer and execute and cause and procure to be made done acknowl- edged levyed suffered and executed all and every such further, and other lawfull and reasonable Act and Acts Thing and ■ things Deeds Conveyances and Assurances in the Law whatsoever (regard being always had to the particular nature Situation and Circumstances of the Premisses) for the further better and more perfect and absolute Assuring Conveying Confirming and Sure- making of all and singular the j)remisses hereinbefore Granted or intended so to be with their Appurtenances discharged of all other terms Estates Tail Reversions and Remainders whatsoever unto and upon the s'' David Barclay and Thomas Hyam their Heirs and Assigns To the Uses Upon the Trusts and to and for the several ends intents and purposes hereinbefore mentioned declared and expressed concerning the same and according to the true intent and meaning of these presents and of the partys hereto as by the s*^ David Barclay and Thomas Hyam or either of them or their or either of their Heirs or Assigns or their either or any of their Council Learned in the Law shall be Law- fully and reasonably advised desired or required So as such further Assurances or any of them contain no further or greater Covenant or Warranty than against the several and respective persons making the same and their ' own several and respective Acts And so as the partys or any of them required to make any such further Assurance be not compelled, or compellable, to travel further than Ten Miles from the place of their respective Abode, for the making or doing thereof Provided Lastly and these presents are made upon this express Condition nevertheless which is hereby declared and agreed upon, by and between the parties hereto, That, in Case the s^ Thomas Penn shall happen to Survive the s*^ Ladv Juliana his intended Wife and that at 173 the time of the decease of the s^ Lady Juliana there shall be no Issue Male of the s"^ intended Marriage living or there being such Issue Male all such Issue Male shall dye, without Issue Male before any of them attain the Age of twenty one years, Then and in such Case, It shall and may be lawfull to and for the said Thomas Penn, by any Writing or w ritings under his hand and seal to annul revoke or make void these presents and every or any Settlement Limitation Use Trust Estate term Interest Clause proviso and Agreement herein contained and then and in such Case these presents and every or any Settle- ment Limitation use trust estate term interest Clause proviso & agreement herein contained which shall be so annulled, revoked or made void shall become absolutely null and void to all intents constructions and purposes whatsoever as if these Presents had never been made or executed. In Witness whereof the parties beforenamed to these presents their hands & seals have here- unto interchangeably sett the day and year first beforewritten. THO. PENK [seal] POMFRET. [seal] JULIANA FARMOR. [seal] Signed, Sealed and Delivered, by the within named Thomas Penn, Esquire, Thomas Earl of Pomfrett, and Lady Juliana Farmor in the presence of us, Jno : Heaton. Feed: John Paris. William Rawle of the City of Philadelphia Esquire Counsel- lor at law aged Seventy Years & upwards being duly affirmed according to law declares and says as follows : — I have long been professionally conversant and am familiar with the aflairs and papers of the Family of the late Proprieta- ries of Pennsylvania. The within written Indenture is an ancient deed which I have known to accompany the possession of their 174 Estates in Pennsylvania. I believe that Ferdinand John Paris amd John Heaton the subscribing witnesses thereto are both dead, and that proof of their handwi'iting or of the handwriting of either of them cannot be had in this country. Thomas Penn the Grantor therein named (and one of the said proprietaries) died, as I am informed and believe, during the year one thon- sand seven hundred and seventy -five in England where he had then resided for more than thirty-three years, having never been in Pennsylvania since the year one thousand seven hundred and forty-one. I believe that proof of his handwriting cannot be had of any persons or person wdio can remember to have seen him write. I am however acquainted with his handwriting, having obtained a knowledge thereof from various authentic public and official documents, and some private Deeds and Wri- tings subscribed with his signature, uniformly recognized as genuine, and acted upon in the course of business in important transactions ; And I verily believe the name of Thos. Penn sub- scribed to the said Indenture to be of the genuine and proper handwriting of the said Thomas Penn. County of Philadelphia ss. On the third day of July in the year one thousand eight hundred and twenty-nine at Philadelphia, in the said County, before me Edward King Esquire President of the Court of Com- mon Pleas for said County the above examination of William Rawle Esquire was duly taken according to the form and eifect of the acts of the General Assembly of this Commonwealth in such case made and provided. The said WiUhim Rawle being conscienciously scrupulous of taking an oath, and by me affirmed according to law, and it appeai'ing that the Grantor and Wit- nesses of the within Deed are deceased, and that proof of the handwriting of said witnesses or of either of them cannot be had I hereby certify the same accordingly. Witness my Hand & Seal at Philadelphia aforesaid the day & year aforesaid EDWARD KING, [seal] IIY5 City op Philadelphia ss. John Cadwalader of the said City being duly sworn deposes as follows : — Thomas Penn the within named grantor being dead, I have made diligent search & inquiry for and concerning the witnesses of the within written Indenture, and whether there existed any and what means of proving their respective hand- writings. The result is that, as to John Heaton, one of the said witnesses no such person can be heard of in this country. I believe him to have died long ago in England, and that proof of his handwriting cannot be had. I have not been able to find any body who has any sort of acquaintance with his handwriting, or has ever had any knowledge whatever of the man, either per- sonally, or by correspondence, or from the information of others. Perdinando John Paris the other of said witnesses is reputed to have been, and I believe that he was, an agent of the said Tho- mas Penn & his Brother Richard the late Proprietaries of Penn- sylvania, and their adviser about some of the concerns of their said proprietaryship. He appears to have superintended or par- ticipated in, and to have attested the execution of, the most of the conveyances of their proprietary Estate which were executed in England from the year 1731 to 1751 inclusive. I find no traces of his having ever been & I do not believe that he ever was in America. I have understood and believe that he pur- sued in England the profession of the law & I find that in the year 1731 he was known & designated as " of the Inner Tem- ple, London, Gentlemen," and in the year 1758 as the agent of the said Proprietaries. After that year I have been unable to hear of him, as I should probably have done, had he been alive. I believe him to have died in England many years before the Declaration of Independence. I have not been able to find or to hear of any living person who has seen him write, or corresponded with him, or had any intercourse with him, or known him, or knowingly seen him at any time. Besides his signature to the within Deed, I have seen thirty-six several signatures purporting to be the subscription of the name of the said Ferdinand© John Paris, in his own handwriting, as his attestation of the execution 176 of several ancient deeds made in England far and concerning Land of the said Proprietaries situate in Pennsylvania. I have often examined these Deeds, having had them at different times in my own custody. I have known some of them to accompany the possession of land to which they relate, and to have been acted upon, in the course of business, as genuine original Docu- ments, and I believe that they are all of them originals and genu- ine. To some of them, said witness's name is subscribed more than once, as attesting the separate execution of one and the same Deed by different Parties, and to some of them his name is sub- scribed as attesting Receipts for money, as well as the delivery. The said Deeds are twenty one in number, all of them of dates prior to the date of the within Indenture. Three of them being duly proved, are severally certified, with the usual endorsement, to have been recorded in the proper ofiice for the City and County of Phila- delphia, during the year 1732. I have examined in the said Ofiice the Record itself of the respective dates of that year so certified, and upon such examination I found the said Record to verify the said Endorsements upon each of the said deeds respec- tively. One of these three deeds is the articles of agreement between the Proprietaries of Maryland and Pennsylvania and is rather a public than a private document. It bears date May 10th 1732. Two others of the said Deeds, not so recorded, and certified to have been Enrolled in England in the Court of Chancery in the year 1743 and 1750, respectively. Of the said twenty one Deeds, seven are duly certified by the Mayor of the City of London, under his hand and the common seal of that City, to have been severally' proved before him at the same City, by the oath, in each case, in the usual form of two of the respective subscribing witnesses, of whom the said Ferdiuando John Paris was in each case one of the two who thus made probate thereof. I believe the said thirty six signatures are of the genuine and proper handwriting of the said witness Ferdi- nando John Paris. From the knowledge that I have obtained from them of his handwriting, which I have been thus for some time past in the habit of inspecting, I believe that I am suffici- 177 ently acquainted with its character to distinguish his true signa- ture from a false one. I believe the name Ferd. John Paris subscribed to the within written Indenture to be of the genuine true and proper handwriting of the said Ferdinando John Paris, and I believe the same Indenture to be an ancient deed and the same in all respects that it purports to be. The possession of Lands & receipt of Rents has within my own personal knowledge accompanied it in the Counties of York Philadelphia and Berks, and I have reason to believe and do believe that real Estate is now held & enjoyed under it in several other Counties in this Commonwealth, as well as in the three counties above named. JOHN CADWALADER Sworn & subscribed by the above named John Cadwalader the 11th day of July A. D. 1829. Before me Abm. Shoemaker Alderman City of Philadelphia ss. Benjamin Chew of said city Esquire aged seventy years & upwards being duly sworn deposes as follows : — I have in my possession a great number of Letters of Thomas Penn the Grantor within named addressed to my deceased Father. I have also seen a yariety of orignial documents acted upon in the course of business, to which the signature of the said Thomas Penn was subscribed. I have in this manner become familiarly acquainted with his handwriting, and believe the name Tho. Penn subscribed opposite to one of the seals of the within Deed to be of the genuine & proper handwriting of the said Thomas Penn. BENJAMIN CHEW. Sworn and subscribed by the above named Benjamin Chew the 11th day of July A. D. 1829 Before me Abm. Shoemaker, Alderman. 177 City of Philadelphia ss. On the 11th day of July in the Year 1829 at the said city, before me the Subscriber an ahlerman of the same city, the aboTe examinations of Benjamin Chew Esquire and John Cadwalader, upon their several and respective oaths, were duly taken as above set forth — :it appearing that the Grantor and witnesses of the within Deed are deceased and that proof of the handwritiug of John Heaton one of said witnesses cannot be had, and that proof of the handwriting of the other of said witnesses cannot be had otherwise than as by the testimony above set forth — All which I hereby certify accordingly. Witness my hand and seal at the said City the day & year aforesaid — ABM. SHOEMAKER, . Ald7i [seal] Recorded the within Deed and Endorsements in the Office for Recording Deeds &c for the City and County of Philadelphia ix. Deed Book G W R No. 31 page 53 &c. Witness my hand and Seal of Office July 22d A. D 1829. [seal] GEO. W. RITER Er. 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