No.

CCXXXVI.

a Charity.

For title.

shall not and will not commit do or wittingly or willingly suffer

To Trustees for or occasion any act matter or thing whatsr whby or by reason or means whof the sd twelve acres &c. hnbefe mentd to be hby bargained sold and reld or any pt thof now is or hraftr shall or may be in any wise chagd or incumbered or the este or title thof in any wise impeached And the sd (V.) for himself &c. doth covt &c. to and with the sd (T.) their hrs and ass and to and with evy of them by these prests in manner following that is to say That for and notwg any act matter or thing whatsr by him done or committed except as is hnafter excepted the sd (V.) now is the true and Iful owner of the sd twelve acres &c. hnbefe mentd to be hby bargained and sold and of evy pt thof with the appts and is rightfully seised thof of a good pure absolute and indefeasible este of inhance in fee simple witht any manner of condon trusts contingency covt provo or limitation of use or uses or or. restraint matter or thing whatsr to alter change charge determine incumber defeat or make void the same And for and notwg any act &c. except as is hnafter excepted the sd (V.) hath now in himself good right &c. see ante, No. LXXXV. And that free and clear and freely and clearly and absolutely acquitted exonerated and discharged of and from all and all manner of former and or. bargains sales gifts grants feoffments devises uses jointures dowers entails leases rights titles rents arrearages of rent issues amerciaments debts duties judgments exons extents titles chas and incumbs whatsr had made done committed or wittingly or willingly suffered by the sd (V.) or by any or. psn or psns whomsr lfully or equitably claiming or to claim by from under or in trust for him except the residue of a term of and in the sd preses assd to R. S. of &c. In trust for the sd (V.) his hrs and ass to attend and wait upon the inhance thof and to protect the same from all mesne incumbs if any there be And furthermore the sd (V.) doth for himself his hrs &c. covt. &c. to and with the sd (T.) their hrs and ass and evy of them that he the sd (V.) his hrs exs ads or ass some or one of them shall and will [accidents by fire or or. inevitable accidents excepted] from time to time and at all times hraftr at the request costs and chas of the sd (T.) their hrs or ass or some or one of them produce and shew forth or cause to be produced or shewn forth in any ct or cts of law or equity to counsel or elsewhere all and evy or

To produce writings.

yrs of

any the deeds evidences and writings which are or shall be in

No.

CCXXXVI.

the custody posson or power of the sd (V.) his hrs exs ads or To Trustees for

suit in law

a Charity.

ass or that he or any of them can come at witht any or equity which relate to or in anywise concern the twelve acres &c. hinbefe mentd to be hby bargained and sold alone or jtly with any or. Ids tents or heredts and from time to time and at all times hraftr when thereunto requested shall and will make and give unto the sd (trustees) their hrs or ass true copies of all such deeds evidences and writings as afd such copies to be had made and taken at the like costs and chas of the sd (T.) their hrs and ass And lastly that he the sd (V.) and his hrs and all and evy Further asor. psn and psns whtsr rightfully having or claiming or who surance. shall or may rightfully have or claim any este right title or int either at law or in equity of in to or out of the sd twelve acres &c. or any pt thof by from under or in trust for him them or any of them [except the psn to whom as afd the residue of the sd term of yrs shall be assd In trust for the sd bargainees their hrs and ass and those claiming under such assee in respect of such term of yrs only] shall and will from time to time and at all times hraftr at the request and the proper costs and chas of them the sd (T.) their hrs and ass make do acknge levy suffer and exte or cause to be made &c. all and evy such furr and or. Iful and reasone acts deeds conveys and assurs in the law whtsr for the furr better more perfectly and absolutely grantg assurg relg and conveyg unto and to the use of the sd (T.) their hrs or ass the sd twelves acres &c. hnbefe mentd to be hby bargained and sold and evy pt and pcl thof with their appts as by the sd (T.) their hrs or ass or any or either of their counsel shall be reasony devised advised or required so as in such furr assurance there be contd no furr or or. covt than agst the psn or psns his or their hrs who shall be required to make or do the same and so as the pty or pties who shall be required to make the same shall not be compelled or compellable to go or travel from his or their respive place or places of abode for the doing thof

In witness &c. see ante, No. XLVI.

VOL. I.

I I

No.
CCXXXVII.

By and to
Executors.

Recital of mortgage.

of mortgagor and mortgagee. Devise to executors in trust to sell.

No. CCXXXVII.

Bargain and Sale of Freehold and Copyhold Hereditaments by Executors under a Will of a Mortgagor, with Release of Dower by the Widow.

This Indre &c. see ante, No. LXXXV. Betn (vendors) executors and trustees under the will of (mortgagor) decd of the first pt (executors) executors and trustees of (mortgagee) of the second pt (purchaser) of &c. of the third pt A. L. widow of the sd (mortgagor) of the fourth pt (sub-purchaser) of &c. of the fifth pt and A. B. of &c. of the sixth pt Whas by indenture bearing date on or about the day of &c. (mortgage by demise of freeDeath and will holds and copyholds, see post, RECITALS) And whas &c. (recite death and will of mortgagee, leaving the executors parties of the second part) And whas &c. (recite probate of will) And whas the sd (mortgagor) being so seised of or intitled to the freehds afsd and being also seised or possd of the sd copyhd heredts for an este of inhance to him and his hrs according to the custom of the sd manor of having duly surrendered the sd copyhd heredts to the uses of his will by his last will and testament in writing duly exted and attested for the devise of lands bearing date &c. appointed the sd (vendors) executors of his sd will and directed them as soon as conveniently might be after his dece to sell and dispose of all his lands &c. for the best price that could be obtained for the same either by public auction or private contract as they should think fit And the sd testator did declare by his last will that the receipts of the sd (executors) should be sufficient discharges for the purchase monies and that the purchasers should not be obliged to see to the applicon or be Contract of sale. answe for the misapplicon or nonapplicon of the same And whas the sd (executors) in pursuance of the power given to them by the sd will have contracted with the sd (purchaser) for the sale to him of the sd freehold and copyhold lands hnaftr mentd and hby bargd and sold or intended so to be and the fee simple and inhance thof subject to and charged with the sd sum of £ in manner afd and also to the payment of an annuity of £ to (annuitant) the mother of the sd (mortgagor) for her life to an apportioned land tax of and to the delivery of three

heredts and to a fine rent of

bushels of barley for the annual quit rents of the sd copyhd but free from all other incumAnd whas the principal

shall be assd and

No. CCXXXVII.

By and to

Executors.

Agreement to

release dower.

the freeholds.

brances whatsr at or for the price sum of £ only remains due to the sd (executors of mortgagee) under and by virtue of the hnbefe recited indre all int in respect thof having been paid and satisfied up to the day of the date of these prests And it hath been agreed that the sd sum of £ shall be discharged out of the sd purchase money And that the sd term of yrs now vested in the sd (trustees of the term) for securing the paymt of the sd sum of £ surrdd in manner hnaftr mentd And whas the sd fine covtd to be levied by the sd (mortgagor) and A. his wife in and by the sd in pt recited indre was never levied and sd A. now the widow and relict of the sd (mortgagor) hath agreed to join in these prests and rele her dower of and in the sd freehd &c. lds &c. Now this Indre witnesseth That in pursuance and performance Testatum as to of the sd agrt and in conson of the sum of £ of lful &c. to the sd (executors of mortgagee) by the sd (sub-purchaser) immly befe the exon of these prests at the request and by the diron of the sd (executors of mortgagor) testified by their sevly &c. and in full satisfaction and discharge of all money due to them the sd (executors of mortgagee) as such exs as afd which sum they the sd (executors of mortgagee) do hby resply acknge and of and from the same and evy pt thof do resply acquit rele and discharge the sd (executors of mortgagor) and each of them and each of their hrs exs ads and ass And also in conson of the furr sum of £ of like lful &c. being the residue of the sd sum of £ to the sd (executors of mortgagor) at the same time paid by the sd (sub-purchaser) with the privity and consent of the sd (purchaser) testified &c. as afd the payment and rect of which sd sums of £ and £ making togr the sd sum of £ and that the same are in full for the absolute purchase of the sd lds tents and heredts resply bargd and sold or intended so to be and the fee simple and inhance thof subject and charged as afd but free from all or. incumbs whatsr they the sd (executors of mortgagor) do hby resply acknge and of and from the same do hby resply acquit &c. the sd (sub-purchaser) and the sd (purchaser) and each of them and each of their hrs &c. And also in conson of the sum of £ of like lful &c. to the sd (purchaser)

No. CCXXXVIL By end to Executors.

Habendum.

at the same time pd by the sd (sub-purchaser) the rect of which sum of £ he the sd (purchaser) doth hby acknge and of and from the same and also of and from the sd sums of £ and of £ so pd by the sd (sub-purchaser) as afd doth hby &c. They the sd (ers of mtgor) pursuant to and by force and virtue and in exercise and exon of the power or authty given to and vested in them in and by the sd recited will of the sd (mortgagor) decd and of evy or. power and authty in any wise them or either of them enabling in this behalf and at the request and by the diron of the sd (purchaser) testified &c. Have and each of them Hath bargd sold aliened reld limited and apptd and by these prests Do and each of them Doth bargain &c. and they the sd (executors of mortgagee) for the purpe of surrendg and extinguishing the sd term of yrs so vested in them as afd and at the request and by the diron of the sd (exs of mtgor) testified &c. Have &c. assd and also surrendd and reld and by &c. Do &c. And the sd (widow) for the purpe of relg and extinguishg all her right and title of dower and thirds and or. right and int of her the sd (widow) of and in the sd lds &c. and in conson of 10s. of like lful &c. the rect &c. Hath reld &c. All right title &c. of in and All those &c. but subject nevss as to the sd messe &c. called H. to the paymt to the sd (annuitant) mother &c. of one annty or yrly rent charge of £ during her life and to the usual powers and remedies for recovering and enforcing the payment of the same which sd annty or &c. and the remedies &c. were resply given or limited to the sd (annuitant) by a certain indre bearing &c. and purporting to be a settlement made previous to the marre of D. the elder and M. his wife then M. H. spinster And also subject as to the sd lds &c. (here set out the several incumbrances before mentioned) And of and in all outhouses &c. And all the este &c. To Have and to Hold the sd freehold parts of the sd lds &c. hby reld or intended so to be and all and singr or. the preses hnbefe described or mentd and evy pt and pcl of the same with their and evy of their rights members and appts [subject nevss as afd] unto the sd (sub-purchaser) his hrs and ass for ever To the Use of such psn or psns for such este or estes int or ints upon such trusts and for such ends intents and purps and with under and subject to such powers provos condons limitons declons and agrts as the sd (sub-purchaser) at any