MORTGAGES Lease for Life or Lives. No. XXXIV. Mortgage of a Lease for the Life of the Mortgagor or the Lives of Nominees. Variations where the Mortgagor is seised in Right of his Wife. Where the Lease is renewable on Death. THIS INDENTURE, made the day of year of the reign, &c. and] in the [* in the Parties. year of our Lord gagor) (1) of, &c. AS, &C. (2). AND mortgagee) of, &c. BETWEEN (the mort of the one part, and (the of the other part. WHERE WHEREAS the said (mortgagor) having occasion for the sum of £ hath agreed with the said (mortgagee) for the loan to Brevity. Wife's estate. Recitals. *The parts within brackets may be omitted throughout the precedent, where brevity is particularly desired. (1) Although the mortgagor have a wife living, she need not be a party if it be his estate, as it is only of estates of inheritance of the husband out of which she is entitled to dower; but if it be the estate of the wife, she must concur in the conveyance by levying a fine sur concessit, and be made a party to the deed for the purpose of declaring the uses. (2) Recite here the lease, as ante, Vol. III. p. 87. Lease for Life or Lives. him thereof, to be secured by the bond of the MORTGAGES said (mortgagor), and such conveyance and assurance by way of mortgage, of the said lands and hereditaments as hereinafter is expressed. AND WHEREAS the said (mortgagor) in pursuance and part performance of the said agreement, hath, by his bond (1) or obligation in writing, bearing even date herewith, become bound to the said (mortgagee) in the penal sum of £ with a condition thereunder written for vacating the same on payment of the said sum of £ with interest, after the rate of £5 per cent. per annum, at the time and in the manner in the said condition and hereinafter also mentioned. Now THIS INDEN- WITNESS, that TURE WITNESSETH, that in consideration of the tion of the in considera sum of £ of lawful and current money (2) of money lent, that part of the united kingdom of Great Britain and Ireland called England, to the said (mortgagor) in hand well and truly paid by the said (mortgagee) at or immediately before the sealing and delivery of these presents, the receipt whereof the said (mortgagor) doth hereby acknowledge, [and of and from the same and every part thereof doth acquit, release, exonerate, and for ever discharge the said (mortgagee) his executors, administrators, and assigns, by these presents, and by the receipt for the same hereupon indorsed,] (1) See p. 32, n. (1). And for the form of this bond, see Bond. INDEX, voce BOND. (2) If the consideration be a transfer of money in the funds, or Loan not money other than money paid down, see ante, No. IV. pp. 66,418, notes. paid down. VOL. V. Ꮓ Ꮓ MORTGAGES and which said sum of £ Lease for Life or Lives. Mortgagor grants and releeses. Parcels. General appurtenances. "Release." "Executors and is the same sum of £ (1) A lease for lives being a freehold interest, must be conveyed either by lease and release or other assurance under the statute of uses; or else by delivery of possession. (2) It will be perceived, by reference to a preceding note, administrators." that an estate pur autre vie in corporeal hereditaments, may be limited either to personal or to real representatives, notwithstanding its being an estate of freehold; see ante, Vol. I. pp. 332, 334, notes. Moiety, &c. (3) If the conveyance be of a moiety or other portion only of the estate, see ante, No. XI. Lease for Life or Lives. the bargain and covered with water, water-courses, timber and MORTGAGES other trees, woods, underwoods, and the ground and soil thereof, mines, quarries, rights, and privileges of common of every kind and all,] and all manner of [other] rights, privileges, easements, advantages, appendances, and appurtenances whatsoever, to the said messuages, hereditaments, and premises, or any of them, or any part thereof belonging, or in any wise appertaining, or reputed, accepted, taken, or known as part, parcel, or member thereof, (except, &c.) (1) ALL which said Reference to messuages, hereditaments, and premises, are now sale for a year. in the actual possession of, or legally vested in the said (mortgagee) by virtue of a bargain and sale (2) to him thereof made by the said (mortgagor) for five shillings consideration, by indenture bearing date on the day next before, and executed previously to the sealing and delivery of these presents, for the term of one year, commencing from the day next preceding the day of the date of the same indenture, and by force of the statute made for transferring uses into possession, and the reversion and reversions, and remainder and remainders, of and in the said hereditaments and premises respectively; and all and singular the rents, issues, profits, and proceeds thereof. AND all the estate, right, title, interest, use, trust, property, possession, term and (1) Notice here any exception of tithes, timber, &c. Exceptions. sale. Lease for Life or Lives. MORTGAGES terms of years, and for life or lives, right and benefit or privilege of renewal, and of naming or substituting any new life or lives, possibility, claim, and demand whatsoever, both at law and in equity, of him the said (mortgagor) in, to, out of, upon, or respecting the said hereditaments and premises, or any part thereof, by virtue of the said in part recited indentures, or either of them. Grant of title Together also with the same indentures, and all deeds. To hold to mortgagee during the lives of the nominees. other indentures, deeds, muniments, writings, and evidences of title, which now are or hereafter shall or may be in the possession or lawful power of the said (mortgagor) his heirs, executors, or administrators, or of any person or persons from whom he or they can or may procure the same, without action or suit at law or in equity, in anywise relating to the estate and premises, or interest hereby granted and released, or otherwise assured, or intended so to be, TO HAVE AND TO HOLD (1) the said messuages, lands, tenements, hereditaments, and all and singular other the premises hereinbefore and in the said indenture of bargain and sale described, and hereby granted and released, or otherwise assured, or intended so to be, with their and every of their rights, members, appendances, and appurtenances, unto the said (mortgagee) and his heirs, to the use and be Moiety, &c. (1) If the conveyance be of a moiety or other portion of the estate, see ante, p. 266. |