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TO HAVE AND TO HOLD the said several messuages, tenements, lands, hereditaments, and premises
years yet to
tend the iuhe
hereby bargained, sold, assigned, ratified, and Of a Turm. confirmed, or mentioned or intended so to be, and To hold for the every part and parcel thereof, with their and residue of a every of their appurtenances, unto the said, &c. their executors, administrators, and assigns, from henceforth for and during all the rest, residue and remainder of the said term of come and unexpired, IN TRUST NEVERTHELESS In trust to atfor the within named, &c. to the intent and pur- ritance. pose that the now residue and remainder of the said term of years, may from henceforth attend and wait upon the freehold and inheritance of the said premises, (which are to be vested in them the said, &c. their heirs and assigns, in trust as therein is expressed) in order to protect the same premises from and against all mesne charges and incumbrauces, if any such there shall appear to be. AND the said J. W. for himself, against incumhis heirs, executors, and administrators, and for brances. the said C. his wife, doth covenant, promise, and agree to and with the said, &c. their executors, administrators, and assigns, by these presents, that they the said J. W. and C. his wife, or either of them, have not nor hath at any time heretofore made, done, committed, or executed, or wittingly or willingly permitted or suffered to be done, any act, matter, cause, or thing whatsoever, other than by their executing the within written indenture, whereby or wherewith, or by reason or means whereof the said premises hereby ratified and confirmed, and bargained, sold, and assigned, or mentioned or intended so to be, or any part or
parcel thereof, or the now residue and remainder
of the said term of
years, are, is, can, or
Of a Teim. shall be impeached, surrendered, charged, or in
cumbered in title, estate, or otherwise howsoever. IN WITNESS, &c. (3)
(3) See a very elaborate opinion as to this matter in the printed Cases and Opinions, Vol. I. page 401, published by Clarke and Sons.
Mortgage by Demise to a Trustee for securing certain Expences he had sustained under a Deed of Trust, in consideration of his discharging the Property in general from his Demand, the Trusts having been performed or become unnecessary.
THIS INDENTURE, made, &c. BETWEEN (mort- Parties. gagor) of the one part, and (mortgagee) of the
other part. WHEREAS by indentures of lease Recites deed of and release, bearing date respectively the
and being made or expressed to be made between the said (mortgagor) of the one part, and the said (mortgagee) of the other part, the manor or lordship, or reputed manor or lordship of, &c. and certain other hereditaments in the said indenture mentioned and described, and whereof the said (mortgagor) was entitled to the fee-simple, subject to certain incumbrances, were for the considerations in the said indenture of release expressed, conveyed, or otherwise assured, or intended so to be, unto and to the use of the said (mortgagee) his heirs and assigns, upon and for the several trusts, or otherwise to such use and uses as in and by the said indenture of release is or are limited, expressed, or declared of and concerning the same. AND WHEREAS the said (mort- Under which gagee) hath incurred and sustained divers costs sustained exand pences, expences in the execution of the trusts expressed and declared by or in the said indenture
for which he has agreed to take a
specific estate, and to discharge the trust property.
MORTGAGE. of release, the amount of which have not as yet been ascertained, which trusts have been performed or rendered unnecessary. AND WHEREAS the said (mortgagor) hath applied to and requested the mouigage on a said (mortgagee) to convey, or join with him the said (mortgagor) in conveying the aforesaid hereditaments to such person or persons, and to or for such uses and estates as he the said (mortgagor) shall or may direct or appoint, which the said (mortgagee) hath agreed to do upon the said (mortgagor) conveying or demising by way of mortgage, unto him the said (mortgagee), the manor and hereditaments hereinafter mentioned or described for securing the amount of such costs and expences, with interest for the same, in the Consideration manner hereinafter mentioned. NOW THEREFORE THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and of the monies due and owing to the said (mortgagee) on account of the aforesaid trusts, and for and in consideration of the sum of five shillings of lawful money of the united kingdom, &c. by the said (mortgagee) to the said (mortgagor) paid upon or immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, HE the said (mortgagor) HATH granted, bargained, sold, and demised, and by these presents DoтH grant, bargain, sell, and demise unto the said (mortgagee) his executors, administrators, and assigns, ALL, &c. and which said manor, messuages, lands, tenements, and hereditaments are comprised in and were conveyed or assured, or were intended to be comprised in, conveyed, or assured by certain indentures of lease and release, bearing date respectively the and days of and made or expressed to be made between the
said (mortgagor) of the one part, and (a prior MORtgage. mortgagee) of the other part, unto and to the use of the said (prior mortgagee) his heirs and assigns, for securing to the said (mortgagee) his executors, administrators, or assigns, the transfer by the said (mortgagor) his heirs, executors, or administrators, of the sum of three per cent. consolidated reduced bank annuities, on a day therein mentioned, and long since past, with dividends, as in the same indenture of release is expressed; AND all other the manors, messuages, lands, tenements, and hereditaments of him the said (mortgagor) conveyed or expressed, and intended to be conveyed by the said (mortgagor) to the said (prior mortgagee) by way of mortgage in fee as aforesaid. AND the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits of all and singular the said hereditaments; and also all the estate right, title, interest, inheritance, use, trust, property, equity, and benefit of redemption, possibility, claim, and demand whatsoever of him the said (mortgagor) of, in, to, out of, or upon the same hereditaments, and every part thereof: To HAVE AND TO Habendum for HOLD the said manor or lordship, messuages, lands, tenements, and hereditaments expressed, and intended to be hereby granted and demised, with their and every of their appurtenances, unto the said (mortgagee) his executors, administrators, and assigns, from the day next before the day of the date of these presents, for and during and unto the full end and term of years from thence next ensuing, and fully to be compleat and ended without impeachment of or for any manner of waste; SUBJECT nevertheless Subject to a to the said mortgage to the said (prior mortga- gage.
a term of years,