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ASSIGN. MENT, &c.
forever quitted claim and discharged, and by these
presents Doth remise, release, and for ever quit of an Annuity claim unto the said (grantor) bis heirs, executors,
administrators, and assigos, 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 actions, suit and suits, and also all other claims and demands whatsoever, for or by reason or op account of the said within mentioned anpuity, 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 covenant, promise, and agree with and to the said (grantor) his heirs, executors, administrators, and assigns, that he the said (grantee) shall and will forth with 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 NESSETH, that in pursuance of the said agreement in this behalf, and for the considerations hereinbefore expressed, and also for and in consideration 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 direction 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
MENT, &c. presents, Hath surrendered and yielded up, and by these presents Doth surrender and yield up
Of an Annuity 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 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, bis heirs, executors, and administrators, doth hereby covenant and declare to and with the said (grantor) his
years, or the
or means the within as
heirs and assigns, that he the said (trustee) hath
not at any time heretofore made, done, executed, Of an Annuity or committed any act, deed, matter, or thing
whatsoever, whereby or by reason
Of a Term.
by an Executrix and her Husband indorsed
TO ALL WHOM THESE PRESENTS shall come unto and concern, the witbin named J. W. and C. his wife, two of the parties to the within writ. ten indenture, and likewise the within named 0. L. clerk, one other of the parties of the within written indenture, send greeting. WHEREAS the Recites probate said C. W. who was one of the daughters of the Of will. within named W. W. and one of the persons who were named and appointed in and by his last will, which bears date, &c. to be one of the executors of the said will, did, before her intermarriage with the said J. W., that is to say, on or about, &c. by her then 'name of C. W. alone prove the said will of the said W. W. in the Court of Prebendal Jurisdiction of A. in the county of B. and did thereupon take upon herself the execution of the said will. AND WHEREAS the within named That the exe. J.T. was named and appointed in and by the said inade parties to will of the said W. W. to be one of the exe- sigument. cutors of the said will; and was made one of the parties to the within written indenture as one of the said executors of the said W. W. in order and for the purpose that the said J. T. should, together with the said C. the wife of the said J. W. she being the other executor of the said W. W., and with the privity of the said J. W.
But that one refused to act
had executed the same.
ASSIGN- join and concur in assigning and transferring the
several messuages, lands, and hereditaments withOf a Term. in mentioned and described, unto the within
named, &c. their executors, &c. for the residue of the within mentioned term of
years, IN TRUST in the manner within mentioned. AND after the other whereas after the preparing and engrossing the
within written indenture, and after the execution thereof by the said J. W. and C. his wife, and by some other of the parties thereunto, application was made to the within named J. T. as being so named in and by the said last will and testament of the said testator W, W., as one of his the said testator's executors, to seal and deliver the said within written indenture as his act and deed ; but the said J. T. alledging that he never had proved the said will of the said W. W. nor had ever acted in the said executorship, He the said J. T. was not com pellable to seal and deliver or otherwise to execute the same; and the said J. T. did thereupon absolutely refuse to seal, deliver, or execute the said within written indenture, and he doth still decline the same. AND WHEREAS by
reason that the said within written indenture was other signature, only sealed and delivered by the said J. W. and C. which this pre- his wife, and that the same was not sealed and ment was made. delivered by the said J. T. as his act and deed, a
doubt hath arisen whether any more than a moiety of the said several messuages, &c. mentioned in the said within written indenture to be by the said J. T. J. W. and C, his wife, at such request and by such direction as therein is expressed, thereby assigned, transferred, and set over unto the within named, &c. their executors, &c. for the residue of the term of
years in the within written indenture mentioned then to come and unex
That doubts had arisen for want of the