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all action and actions, suit and suits, claims and demands whatsoever, for or in respect of the same portions, mortgages, monies, and interest, and of and from all loss, costs, charges, damages, and expences for, or on account, or by reason or means thereof, or by reason or means of the nonproduction of the said releases, discharges, reassignments or re-conveyances of the said portions, mortgages, and monies, or of the same being vested in the hands or custody of the said IN WITNESS, &c.
of Annuity Judgment.
As to the Reversion.
A Re-Settlement by Lease and Release and Fine, whereby Baron and Feme respectively Tenants for Life, remainder to the Heirs of the Body, of the Wife, remainder to her in Fee, re-settle and convey the Premises so as to leave it in the Power of the Wife alone, notwithstanding her Coverture, to make any other future disposition which she may think proper of the Reversion in Fee expectant on the decease of the Husband and Wife, and failure of Issue of their bodies.
THIS INDENTURE, of three parts, made, &c. BETWEEN (the settler and wife) of the first part; (conuzee of the fine) (1) of the second part; and (trustee of a term) of the third part. WHEREAS by indentures of lease and release bearing date respectively on or about the
of the third part, being the settlement made previous to the marriage of the said (settler) with the said (wife) the messuage or tenement
(1) The fine being levied to this gentleman only, it was conceived to be most proper to make the grant and release to him only, instead of to him and the trustee of the third part, and that the other trustee should take the term of five hundred years.
ous of re-set
and hereditaments hereinafter particularly mentioned stand limited and settled To THE USE of the said (settler) for the term of his life; remain- of a Reversion. der To THE USE of the said (wife) for the term of her life; remainder To THE USE of the heirs of the body of the said (wife) by the said (settler) to be begotten; remainder TO THE USE of the right heirs of the said (wife) for ever, as in and by the said indentures of lease and release, relation being thereunto had, may more fully appear. AND WHEREAS the said (settler and wife) having And that no children, and it being unlikely that they ever wife were desirshould have any, are desirous of re-settling the thing the presaid hereditaments and premises in the manner mises. hereinafter expressed, and so as to leave it in the power of the said (wife) alone, notwithstanding her coverture, to make any other future disposition which she may think proper, of the reversion in fee expectant on the decease of the said (settler and wife) and failure of issue of their bodies. Now THIS INDENTURE WITNESSETH, that in The re-settlepursuance of such intention, and for carrying the ment. same into execution, and for and in consideration of the sum of 10s. of lawful money of the united kingdom, &c. to the said (settler and wife) his wife, in hand paid by the said (conuzee and termor) at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, THEY the said (settler and wife) have granted, bargained, sold, aliened, released, and confirmed, and by these presents Do grant, bargain, sell, Mention of alien, release, and confirm unto the said (conuzee) (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said (settler and wife) in consideration of five shillings by indenture bearing date the day next before the
lease for a year.
RE-SETTLE day of the date of these presents, for one whole
year, commencing from the day next before the Of a Reversion. day of the date of the same indenture of bargain and sale, and by force of the statute made for transferring of uses into possession) and his heirs, ALL, &c. [parcels with general words] TOGETHER with all and singular out-houses, edifices, buildings, barns, stables, yards, gardens, orchards, lands, tenements, meadows, pastures, feedings, commons, ways, hedges, ditches, mounds, fences, waters, water-courses, rights, privileges, profits, commodities, advantages, emoluments, hereditaments, rights, members, and appurtenances whatsoever to the said messuage or tenement, lands and premises belonging, or in any wise appertaining, or therewith used, held, occupied, or enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, or member thereof, or of any part thereof; AND the reversion and reversions, remainder and remainders, rents, issues, and profits of the same premises, and every part thereof; AND all the estate right, title, interest, use, trust, property, claim, and demand whatsoever, both at law and in equity of them the said (settler and wife) and each or either of them, of, in, to, or out of the said premises, and every or any part or parcel thereof, To HAVE AND TO HOLD the said messuage or tenement, lands, hereditaments, and all and singular other the premises hereby granted and released, or mentioned or intended so to be, with their appurtenances, unto the said (conuzee) his heirs and assigns, to the uses, upon the trusts, and to and for the ends, intents, and purposes hereinafter mentioned, expressed, and declared of and concerning the same premises, (that is to say) TO THE USE of the said (settler)
And the reversion, &c.
And all the estate, &c.
she by deed or
for and during the term of his natural life, with- RE-SETTLE out impeachment of waste, and from and after his decease TO THE USE of the said (wife), for and of a Reversion. during the term of her natural life; (1) and from To husband and and after the decease of the survivor of them the wife for their respective lives. said (settler and wife) TO THE USE AND BEHOOF Remainder to of the heirs of the body of the said (wife) by the ber heirs in spesaid (settler) to be begotten; and in default of such issue TO THE USE of such person and persons, Remainder as for such estate and estates, and upon such trusts, will shall apand charged and chargeable in such manner, and subject to, by, with, and under such powers of revocation, and other powers, provisoes, conditions, limitations, and agreements as she the said (wife), notwithstanding her coverture at any time or times, and from time to time during her life, by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by her in presence of, and attested by, two or more credible witnesses; or by her last will and testament in writing, or by any writing purporting to be her last will and testament, to be by her signed and sealed in the presence of, and attested by the like number of witnesses, shall direct, limit, or appoint; and in default of, and until such direction, limi- In default of tation, or appointment TO THE USE and behoof of a trustee for the said (termor) his executors, administrators, and assigns, for and during the term of years, from thence next ensuing and fully to be complete and ended, without impeachment of waste, upon the trusts, and to and for the ends,
(1) The wife taking an estate-tail under these limitations will of course have power of committing waste, and therefore it is needless to give it her expressly.
a term of years.