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ing.

MENT.

said fine or fines named or to be named, and his RE-SETTLEand their heirs, shall stand and be seised of the said messuage or tenement, lands, hereditaments, of a Reversion. and premises, and every part and parcel thereof, to such uses and upon such trusts, and to and for such ends, intents and purposes, and under and subject to such powers, provisoes, limitations, directions, and appointments, as are hereinbefore limited, expressed, and declared, of and concerning the same, and as shall at any time hereafter be directed, limited, or appointed concerning the same, in or by any such deed, instrument, will, or writing of the said (wife) as is hereinbefore mentioned; and to and for no other use, trust, intent or purpose whatsoever. PROVIDED ALWAYS, Power of leasand it is hereby further declared and agreed by and between the said parties, that it shall and may be lawful to and for the said (settler) from time to time during his life; (2) and also to and for the said (wife) after his decease if she shall happen to survive him, by indenture or indentures under his or her respective hand and seal, to grant and lease all or any part or parts of the hereditaments and premises hereby granted and released, or mentioned or intended so to be, with their appurtenances, to any person or persons, for one, two, or three life or lives, or for any term or number of years determinable upon one, two, or three life or lives, or for any term or number of years absolute, not exceeding twenty-one years, to commence in possession and not in reversion, reserving upon every such lease so to be made dur

(2) The wife would, by virtue of her estate tail, have power to grant leases after her husband's death within the statute; yet such leases would not bind the remainder-man, but only the issue; therefore it is right to extend the leasing power to her.

MENT.

fications.

RE-SETTLE- ing the continuance of the same respectively, the best yearly rent that can at the time of making Of a Reversion. thereof be reasonably got for the same, without taking any fine or income, and so as the lessee or lessees under any such lease or leases be not made dispunishable of waste, and so as in every such lease there be contained a clause of re-entry for non-payment of the rent by such lease reserved, and so as the lessee and lessees under every such lease and leases, execute counterpart or counterUsual indemni- parts thereof. PROVIDED ALWAYS, and it is hereby further declared and agreed by and between the said parties, that the said (termor) his executors or administrators shall not be charged or chargeable with, or accountable for any more money or monies than he or they shall actually receive or shall come to his or their hands, by virtue of the trusts of the said term of years, nor with or for any loss which shall happen of the money or monies to be raised or receiv ed by him or them by virtue of the said trusts, so as such loss happen without his or their wilful default or defaults. AND ALSO, that it shall and may be lawful for him the said (termor) his executors and administrators in the first place, by and out of the said trust estate and premises, to deduct and reimburse him and themselves all such loss, costs, charges, damages and expences, as he or they shall sustain, expend, or be put unto, for or by reason of the trusts hereby in him and them reposed, or in the management or execution thereof, or any other thing in any wise relating thereto. IN WITNESS, &c.

RELEASE AND SURRENDER.

No. XXIV.

Release (by Indorsement) of an Annuity, and
Surrender of the Term to merge.

WHEREAS Since the date and execution of the within written indenture, judgment hath been entered up in His Majesty's Court of Common Pleas at Westminster, in Term,

in the

sum of

year of the reign of his present Majesty, upon or by virtue of the within mentioned warrant of attorney, as and by way of a further security for the due and punctual payment of the within mentioned annuity, yearly rent charge, or AND WHEREAS the within mentioned annuity, or yearly rent charge of and all arrears thereof, up to the day of the date of these presents, hath or have been fully paid and satisfied, as he the said (grantee) doth hereby acknowledge and admit. AND WHEREAS the said (grantor) hath contracted and agreed with the said (grantee) for the re-purchase of the said within mentioned annuity or yearly rent charge of

, granted and secured by the within written indenture to the said (grantee) his executors, administrators, and assigns, &c. for and during the natural life of the said (grantor) at or for the price or sum of NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and for and in consideration of the sum of

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, to the said (grantee) in hand well and truly paid by the said (grantor) at or before the sealing and delivery of these presents, the receipt, &c. HE the said (grantee) HATH remised, released, and

ASSIGNMENT, &c.

Of an Annuity and Term.

ASSIGN

MENT, &c.

and

forever quitted claim and discharged, and by these presents DoтH remise, release, and for ever quit Of an Annuity claim unto the said (grantor) his heirs, executors, administrators, and assigns, and also the within mentioned rectory, &c. and premises, and every part and parcel thereof, of and from the said within mentioned annuity, or clear yearly rent charge, or annual sum of and every part

thereof; and also of and from all action and ac-
tions, suit and suits, and also all other claims and
demands whatsoever, for or by reason or on ac-
count of the said within mentioned annuity,
yearly rent charge or sum of
, or any arrears
thereof, or any part thereof, or in anywise relative
thereto. AND the said (grantee) for himself, his
heirs, executors, and administrators, doth cove-
nant, promise, and agree with and to the said
(grantor) his heirs, executors, administrators,
and assigns, that he the said (grantee) shall and
will forthwith acknowledge, or cause satisfaction
to be acknowledged on the record of the said
judgment so entered in his Majesty's Court of
Common Pleas, under and by virtue of the said
within mentioned warrant of attorney as afore-
said. AND THIS INDENTURE FURTHER WIT-
NESSETH, that in pursuance of the said agree-
ment in this behalf, and for the considerations
hereinbefore expressed, and also for and in consi-
deration of the sum of five shillings of, &c. at
the same time to the said (trustee of a term) in
hand well and truly paid by the said (grantor)
the receipt whereof is hereby acknowledged, HE
the said (grantee) at the request and by the direc-
tion and appointment as well of the said (trustee)
as also of the said (grantor), testified by their

being parties to and sealing and delivery of these presents, HATH surrendered and yielded up, and by these presents DoTH surrender and yield up unto the said (grantor) his heirs and assigns, ALL THOSE the within mentioned rectory, &c. and premises; together with all and every the rights, members, and appurtenances thereunto belonging or appertaining; and also all the estate right, title, interest, term of years now to come and unexpired, use, trust, property, claim, and demand whatsoever, both at law and in equity of him the said (grantee) of, in, to, or out of the said rectory, &c. and premises hereby surrendered and yielded up, or expressed and intended so to be, and every or any part thereof, under or by virtue of the within written indenture, or otherwise howsoever, TO HAVE AND TO HOLD the said rectory, &c. and premises hereby surrendered, &c. and every part and parcel thereof, with the appurtenances, unto the said (grantor) his heirs. and assigns, from henceforth for and during all the rest, residue, and remainder now to come and unexpired of the said within mentioned term of

years therein, freed and absolutely discharged of and from the trusts, intents, and purposes in and by the within indenture expressed and declared of and concerning the same, to the end and intent that the same term of years, or the now residue thereof, may be and become merged and extinguished in the immediate freehold, reversion, and inheritance of him the said (grantor) of and in the said hereditaments and premises. AND the said (trustee) for himself, his heirs, executors, and administrators, doth hereby covenant and declare to and with the said (grantor) his

ASSIGNMENT, &c.

Of an Annuity and Term.

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