Gambar halaman
PDF
ePub

MORTGAGES

Estate for Life.

(A) Covenant to convey the Reversion, if it come into Possession during the Subsistence of the Mortgage.

"AND THIS INDENTURE FURTHER WITNESSETH, that for the considerations hereinbefore mentioned, and for the further and better effectuating the ends and purposes aforesaid, he the said (mortgagor) for himself, his heirs, executors, and administrators, doth hereby covenant, promise, declare, and agree with and to the said (mortgagee) his executors, administrators, and assigns, by these presents, that if the said sum of £ or any part thereof, shall remain due and owing upon the present security at the time of the decease of the said ( ) (1), and the said (mortgagor) shall be then living, he the said (mortgagor) shall and will at his own proper costs and charges in the law by such good and effectual conveyances and assurances as the counsel of the said (mortgagee) his executors, administrators, and assigns, shall advise or require, well and effectually convey and assure all and singular the hereditaments hereinbefore demised and assigned, or otherwise assured respectively, or intended so to be, with their appurtenances, unto the said (mortgagee) his executors, administrators, or assigns, for and during the residue and remainder which shall be then to come and unexpired of the said term of years hereby granted or demised, but subject to such equity or right of redemption (if any) which he the said (mortgagor) his heirs or assigns, shall or may then have therein."

(1) An intermediate tenant for life in remainder expectant on the decease of the mortgagor, with remainder to the mortgagor in fee.

(B) Variation where the Mortgage is by Virtue of a Power to appoint.

"WHEREAS by indentures of lease and release bearing date respectively on or about the

day of

purporting to be a settlement made in contemplation of a marriage then intended, and which soon afterwards took effect between, &c. the release being of

parts, and made, or expressed to be made, Between, &c. the several messuages, &c. hereinafter described, were granted, released, and conveyed, to the use of the said (mortgagor) and his assigns, for and during the term of his natural life, without impeachment of waste, remainder to (trustees) and their heirs, during the life of the said (mortgagor) upon trust, to preserve contingent remainders, with remainders over as therein mentioned. And in the said indenture of release is contained a proviso, declaration, and agreement, that, &c. (Recite verbatim the power enabling the mortgagor to raise £ ). AND whereas, the said (mortgagor) is desirous in execution of the aforesaid power to charge the said messuages, lands, tenements, and hereditaments, with the payment of the said sum of £ with interest, in the

MORTGAGES

Estate for Life.

WITNESS.

manner, and for the purposes hereinafter mentioned. Now THIS INDENTURE WITNESSETH, that for effectuating the INDENTURE purposes aforesaid, he the said (mortgagor) in pursuance and by force and virtue of the said power and authority, in and by the said hereinbefore in part recited indenture of release reserved or given to him, and in exercise thereof, and also in pursuance and by force and virtue, and in exercise of all and every other power and powers, authority and authorities, in any wise enabling him thereunto, hath Mortgagor charged and made chargeable, and by this present deed or mises with the writing, under his hand and seal, attested or intended to be sum of £ attested by two credible persons, whose names are intended to be hereon indorsed, as witnesses to the due execution

charges pre

MORTGAGES hereof, doth charge and make chargeable all and singular the messuages, lands, tenements, and hereditaments, by the said herein in part recited indenture of release, of the day of

Estate for Life.

FURTHER
WITNESS.

last, granted and demised, as aforesaid, with all and singular the rights, members, and appurtenances to the same belonging, with the payment of the full sum of £ of lawful money of that part of Great Britain and Ireland called England, unto the said (trustee) his executors, administrators, and assigns, upon the

day of

now next ensuing, with interest for the same from henceforth, after the rate of 5 per cent. per annum. [But nevertheless, upon the trusts, and for the intents and purposes hereinafter expressed and declared, of and concerning the same.] AND THIS INDENTURE FURTHER WITNESSETH, that for and in consideration of the sum of £

[ocr errors]

so paid to the said (mortgagor) as aforesaid, and for better securing the payment thereof, with interest for the same after the rate aforesaid, and for and in consideration of the sum of five shillings of lawful money, &c. by the said (mortgagee) to the said (trustee) in hand, at or before the sealing and delivery of these presents, well and truly paid, the receipt whereof is hereby acknowledged, he the said (mortgagor) in further pursuance and by force and virtue of the said power and authority so reserved and given to him as aforesaid, and in further exercise thereof, and likewise in pursuance and by force and virtue of all and every other power and powers, authority and authorities, in any wise enabling him thereto, Demise of same Hath granted, bargained, sold, and demised, and by this present deed or writing executed and attested as aforesaid, Doth grant, bargain, sell, and demise unto the said (mortgagee) his executors, administrators, and assigns, all and singular the messuages, lands, tenements, and hereditaments hereinbefore expressed to be hereby charged, and made chargeable with the payment of the sum of £

premises for a

term.

and interest as aforesaid, with their and every of their rights, members, and appurtenances, and the reversion and reversions, remainder and remainders, rents and issues, and profits of all and singular, the same hereditaments. And all the estate, &c. To have and to hold the said messuages, lands, tenements, and all and singular other the heredita

ments hereinbefore expressed to be hereby demised, with MORTGAGES their and every of their rights, members, and appurtenances,

unto the said (mortgagee) his executors, administrators, Estate for Life. and assigns, from the making of these presents, for and during, and unto the full end and term of

years, from thence next ensuing and fully to be complete and ended, without impeachment of, or for any manner of waste. PROVIDED ALWAYS nevertheless, and these presents are Proviso of redemption. upon this express condition, that if the person or persons who shall for the time being be entitled to the freehold and inheritance of the same hereditaments hereby demised, expectant upon the determination of the said term of

years, do and shall well and truly pay or cause to be paid
unto the said (mortgagee) his executors, administrators, and
assigns, the sum of £
of lawful, &c. on the

day of now next ensuing, with interest thereon, from
thenceforth, after the rate of 5 per cent. without any de-
duction, defalcation, or abatement out of the same, or any
part thereof respectively, for or in respect of any taxes,
charges, assessments, payments, or other matter, cause, or
thing whatsoever, then and in such case, and at all times.
from thenceforth, the grant and demise hereby made, and
the said term of years hereby created, shall cease, de-
termine, and be absolutely void to all intents and purposes
whatsoever, any thing herein contained to the contrary
thereof in any time notwithstanding (1).

(1) If the mortgage be by a feme covert under a power to Feme covert. change for her own benefit, add,

FURTHER
WITNESS.

"AND THIS INDENTURE FURTHER WITNESSETH, and the said (mortgagor) doth hereby declare, direct, and appoint that the said (trustees) and the survivor of them, and the executors, administrators, and assigns of such survivor, shall stand possessed of and interested in the said sum of £ , hereby secured to them, and the interest thereof, upon the trusts, and for the ends, intents, and purposes hereinafter mentioned, (that is to say) in trust to pay the same, as and when the same Declaration of shall be received, into the proper hands of her the said (mortgagor) if she shall so require, for her own sole, separate, and

[blocks in formation]

trust for mort

gagor.

MORTGAGES peculiar use and benefit, during the term of her natural life, without the same being subject to the control, debts, or engagements of the said her husband, (and for which her receipt alone shall from time to time be a sufficient discharge), or otherwise do and shall stand and be possessed of and interested in the same sum of £

I state for Life.

or so much thereof as shall not be so paid to the said (mortgagor) and the interest in respect thereof, in trust for such person and persons, and to and for such ends, intents, and purposes, and under and subject to such provisos, directions, declarations, or agreements, and in such parts and proportions, manner and form, as she the said (mortgagor) at any time or times during her life, notwithstanding her coverture, and whether covert or sole, by any writing or writings signed by her in the presence of two or more credible witnesses, or by her last will and testament in writing, or any writing purporting to be or being in the nature of her last will and testament, or a codicil thereto, to be by her signed and published in the presence of the like number of credible witnesses, shall direct or appoint, and in default of such direction or appointment, then from and immediately after the decease of the said (mortgagor) as to the said sum of £ and the interest thereon, or so much thereof respectively as shall not have been so directed or appointed by her or paid into her proper hands as aforesaid, in trust for and to pay the same unto the executors or administrators of her the said (mortgagor). IN WITNESS," &c.

« SebelumnyaLanjutkan »