Chancery Court Proceedings, 1669.  5

     she the said Elizabeth Survive and outlive him the said Nathaniel Liber C D
     Utye will cause to be paid and delivered to her the said Elizabeth
     her heirs Executors Adm.rs or assignes one whole Third
     of his goods and Chattles personall & reall that he the sd Nathaniel
     shall have right to or be possesst with at his death or else Six hun-
     dred pounds of good and lawfull money of England at the choice
     and Election of the said Elizabeth and that she the said Elizabeth
     shall if she please have one whole years Time after the decease of
     the sd Nathaniel Utye to make her said Choice and Election and
     also besides the said Thirds of the sd Goods and Chattles or Six
     hundred pounds he the sd Nathaniel doth further Covenant to cause
     to be delivered to her the sd Elizabeth one thirds of his Mann.r
     called Spesutia and of all other his Lands Tenements and heredita-
     ments that either now doth or hereafter shall belong to him the
     said Nathaniel he sd Spesutia
                    the sd Lands and Tenements and heredita-
     ments to her the sd Eliz her assignes during her naturall
     Life. And the sd Nathaniel Utye doth further Covenant that in
     Case of the nonperformance of the premises it shall be lawfull for
     her the sd Elizabeth or her assignes to Sue and Recover
     the same in any Court of the province of Maryland or elsewhere the p.4 (fol. 4)
     sd premises shall remain and be. And this Indenture doth further
     Wittness that for the better assurance of the prmises the sd Nathaniel
     doth for the Consideration before mentioned Bargain and Sell unto
     the sd John Carter his heirs and assignes his said Mannor of Spesutia
     with all houseing and appurtenances belonging thereunto To have
     and to hold to him the said John Carter and his heirs and doth
     Warrant the sd Mannor to be free from all former Bargains and
     Incumbrances against all persons whatsoever and that he the said
     Nathaniel Utye is the true and sole Owner thereof untill the Sealing
     hereof provided that the sd Nathaniel Utye possess and Enjoy and
     make use of the same dureing his Life provided also that if the sd
     Elizabeth dye before the sd Nathaniel Utye then this deed of Sale
     to be void provided also that if the sd Nathaniel Utye do by his will
     or otherwise take such Course that the sd Elizabeth be paid and
     possessed with all the sd Goods Chattles and moneys in the same
     manner as it is agreed on & specified in this Indenture that then also
     this Indenture and deed of Sale to be void provided also that if the
     said Elizabeth Survive the sd Nathaniel Utye and the goods &
     Chattles money and Land be not paid and delivered or cannot be
     recovered in possession and peaceably Enjoyed by the sd Elizabeth
     and so this sd Deed be in full force that then the sd John Carter
     or his heirs at the request of the sd Elizabeth or her heirs or her
     Assignes do reconvey the sd Spesutia with all the houses and appur-
     tenances thereunto belonging unto the sd Elizabeth and her heirs
     begotten on her Body by the sd Nathaniel Utye and in case of no