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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 or means whereof the said rectory, &c. and premises hereinbefore surrendered and yielded up, or expressed and intended so to be, or any of them, or any part or parcel thereof, or the now residue of the said term of 99 years, are, is, can, shall, or may be impeached, charged, incumbered, surrendered, forfeited, avoided, or in any wise affected in title, charge, estate, or otherwise howsoever. IN WITNESS, &c.
Assignment of a Term to attend the Inheritance by an Executrix and her Husband indorsed on a Deed to which her Co-Executor had been made an assigning Party, but who had refused to execute, and still declined so to do.
Of a Term.
TO ALL WHOM THESE PRESENTS shall come unto and concern, the within named J. W. and C. his wife, two of the parties to the within written indenture, and likewise the within named O. 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 J. T. was named and appointed in and by the said will of the said W. W. to be one of the exe- signment. 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.
That the exe
made parties to
the within as
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
But that one refused to act
had executed the same.
IN TRUST in the manner within mentioned.
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 compellable 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
had arisen for want of the
doubt hath arisen whether any more than a moiety
pired, did actually pass by the same indenture, in order to obviate such doubt, it hath been de vised and proposed that inasmuch as the said C. Of a Term. the wife of the said J. W. is now in truth the only acting executor of the said testator W. W. named in his will; and as it is apprehended that by the laws of this realm one executor alone, if he is an acting executor, hath sufficient power and authority to sell, assign, transfer, or dispose of all or any part of the goods or chattels, real or personal, of his testator, she the said C. the wife of the said J. W. as she is the only executor named in the last will and testament of the said W. W. who hath proved his will, and hath acted in the said executorship shall, together with the said J. W. her husband, be prayed and requested by the said 0. L. to execute some deed or instrument in writing whereby to bargain, sell, assign, transfer, make over, ratify, and confirm the aforesaid several messuages, &c. and the whole entirety thereof, unto the said, &c. their executors, &c. for the residue and remainder to come and unexpired of the said term of years, in trust as in the
within written indenture is mentioned, and she the said C. with the concurrence of the said J. W. her husband, is consenting thereunto. Now By which the KNOW YE that to the end that the said several signs, messuages, tenements, lands, and hereditaments in the within written indenture mentioned and described, may the more effectually and absolutely become vested in the said, &c. their executors, &c. for the residue and remainder now to come and unexpired of the said term of years, IN TRUST as in the said within written indenture is
and joins with
her husband in ratifying,
mentioned; and for and in consideration of the sum of five shillings of, &c. to the said J. W. Of a Term and C. his wife, in hand paid by the said, &c. at or before, &c. the receipt, &c. she the said C. the wife of the said J. W. as the only executor of the said W. W. with the consent and concurrence of the said J. W. her husband, testified by his sealing and delivering this present writing or instrument, HATH bargained, sold, assigned, transferred, and set over; and she the said C. W. as also the said J. W. her husband, (he the said J. W. joining herein for conformity) at the request and by the direction and appointment of the said O. L. testified by his sealing, &c. Do, and each of them DoтH, by these presents, bargain, sell, assign, transfer, and set over, ratify and confirm unto the said, &c. their execut ́rs, admihe premises. nistrators, and assigns, ALL and singular the several messuages, lands, and hereditaments whatsoever in the within written indenture mentioned to have been assigned, or intended to have been assigned unto the said, &c. for the residue of the within mentioned term of years, with their and every of their appurtenances; and all the estate right, title, interest, term of years yet to come and unexpired, property, claim, and demand whatsoever both at law and in equity of the said C. W. the wife of the said W. W. as she the said C. W. is the only acting executor named in the last will and testament of the said W. W. who hath proved his will; and also all the estate and interest of the said J. W. of, in, to, or out of the said several messuages, tenements, lands, and hereditaments, and every part and parcel thereof,