hath power to grant-for quiet enjoyment-that the premises are free from incumbrances-and for further IN WITNESS, assurance. &c. Parties. Recital. X. Conditional Surrender from the tenant for life to enable the remainderman to suffer a recovery. This Indenture (a) made, &c. BETWEEN (b) A. B. of, &c., widow and relict of C. B., late of, &c. Esq. deceased of the one part, and D. B. of, &c. surgeon, only surviving son and heir of the said C. B., by the said A. B., of the other part. WHEREAS, by virtue of divers settlements and assurances in the law, the messuages, closes, tithes, lands, tenements, and hereditaments, hereinafter particularly mentioned and described, are and stand settled and limited to the use of the said A. B., for and during her natural life for her jointure, and (a) The life estate ought to be (b) Or, “ A. B., of, &c. widow, soon after the making and publishing of his said will, departed this life, without having in any way revoked, annulled, or made void his said will or any thing therein contained, and the said will hath been since proved as aforesaid, in the High Court of Chancery. And whereas the said D. B. is, by force and virtue of the said will, tenant in tail of the said several manors, &c., in remainder after the decease of the said A. B. subject thereto, the immediate remainder or reversion of the said messuages, closes, tithes, lands, tenements, and hereditaments, stand settled, and limited to the use of the said D. B., and the heirs of his body with remainders over. AND WHEREAS the said D. B., being minded and desirous by a common recovery to bar such estates tail, and the remainders or reversions expectant thereupon, the said A. B., for the enabling him so to do, hath at his request agreed to make a conditional surrender unto him the said D. B. of such her estate for life in the same messuages, closes, tithes, lands, tenements, and hereditaments. Now THIS INDENTURE WITNESSETH, that (c), in pursuance and performance of (Consideration.) the before-mentioned agreement of the said A. B., and for and in consideration of the sum of 10s. of &c. unto her in hand paid, by the said D. B., at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, and for divers other good causes and considerations her thereunto moving, she the said A. B. HATH bargained, sold, surrendered, and (Surrender.) yielded up, and by these presents DOTH bargain, sell, surrender, and yield up, unto the said D. B. and his heirs (d), ALL, &c., and also all and singular the houses, out-houses, &c., and hereditaments whatsoever to the said messuages, closes, tithes, lands, hereditaments, and premises belonging, or in any wise appertaining, or therewith now, or heretofore used, occupied, or enjoyed, or accepted, reputed, taken or known to be, as (c) Or, "for the better en- and devised to the said &c., (Habendum.) any part, parcel, or member thereof, or as belonging thereunto. To HAVE AND TO HOLD the said messuages, closes, tithes, lands, tenements, and hereditaments, and all and singular other the premises herein before mentioned and intended to be hereby surrendered, with their and every of their appurtenances, unto the said (Proviso.) D. B, and his heirs. PROVIDED ALWAYS, and upon condition that (e) if the said D. B., his heirs or assigns, shall not well and truly pay, or cause to be paid, unto the said A. B. or her assigns, the full and just sum of 10,000l. of, &c., at or upon, &c., next ensuing the date of these presents, between the hours of ten and twelve of the clock in the forenoon of the said day, at the dwelling-house of, &c., then and in such case it shall and may be lawful to and for the said A. B. and her assigns into the said messuages, closes, tithes, lands, hereditaments, and premises, and every part and parcel thereof to re-enter, and the same to have again, repossess, and enjoy, as in her and their former estate, any thing herein contained to the contrary thereof in any wise notwithstanding. IN WITNESS, &c. (f). (e) Or, "if the said &c., his present surrender and every thing herein contained shall cease, determine, and be absolutely void, any thing in these presents contained to the contrary thereof notwithstanding." (f) Surrender of the life estate was presumed where the deeds were suppressed by the tenant for life, Gartside v. Ratcliffe, Cha. Ca. 292. See also page 109, ante. Covenant by the Vendor, a reversioner, to suffer a Recovery after the death of the tenant for life, to the use of the Purchaser (a). AND for the more effectually granting and conveying the said manor, hereditaments, and premises unto and to the use of the said C. D. his heirs and assigns, according to the true intent and meaning of these presents, he the said A. B. doth hereby for himself, his heirs, executors, and administrators, further covenant, promise, and agree, to and with the said C. D., his heirs and assigns, that he the said A. B., and all other necessary parties, shall and will, at his or their own proper costs and charges immediately, or as soon as conveniently may be after the death of the said E. F., duly suffer one or more common recovery or recoveries, of all and singular the said manor, hereditaments, and premises, hereinbefore granted and conveyed, or intended so to be, and which said recovery or recoveries to be so suffered, when and as the same shall have been actually suffered, shall be and enure, unto and to the use of the said C. D., his heirs and assigns for ever, and to and for no other use, trust, intent, or purpose what soever. (a) This covenant was in a release of a reversion. An honour, hundred, borough, castle, manors, parks, dove houses, gardens, orchards, land, &c., wood, land covered XII. Descriptions of Parcels. THE honour of A. the hundred of B., and the borough of B., with the appurtenances; and the castle of C. with the appurtenances; and also the manors (a) messuages, of D. E. F. and G., with the appurtenances, (b) and liketofts, mills, wise the parks of H. and I. with the appurtenances and four hundred messuages (c) sixty barns, sixty stables, one hundred tofts, four mills, four water mills, ten dove-houses, four hundred gardens, four hundred orchards, (d) seven thousand acres (e) of land, (f) four with water, thousand acres of meadow, eleven thousand acres of pasture, (g) two thousand acres of wood, three thousand acres of furze and heath, one thousand acres of moor, two thousand acres of downs waste lands and lawns, one thousand acres of marsh, one hundred acres of land covered with water, forty pound rent, one pound of pepper corn rent, fourteen pound seven shillings rents, redeemed land-tax, commons, free fish ery, courts, &c., estrays, goods and chattels of felons, &c. (a) This word will pass reputed manors. Thinne v. Thinne, (b) The general things of which (e) Acres means customary acres, Waddy v. Newton, 8 Modern. 276. (f) Land means arable. Mas sey v. Rice and Others, Cowper's Rep. 346. (g) In the description of land, it may be prudent to insert such a quantity under each species as will cover the whole to be passed, lest any mistake should arise, by part of the land afterwards changing its condition. See Bartram and Another v. Towne and Others, 6 Taunt. 58. and ante 14. |