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RECOVE.

RIES.

FINES AND said county of

in and by the said recited indenture, quadrupartite, limited and

created as aforesaid, may be merged and extinBy an Infant.

guished, they the said (erecutors) at the request, and by the order, direction, and appoint

ment, of the said (daughters ) (testified as aforeStirrender of said) and also the said (daughters) Have and terin to merge. each and every of them Hath surrendered and

released, and by these presents Do, and each and every of them Doth surrender and release unto the said (cognizees) their heirs and assigns, all and singular the said manors, lordships, mes. snages, lands, tenements, hereditaments, and pren:ises, in and by the said recited indenture quadrupartite, limited and conveyed to the said (deceused trustees) their executors, administrators, and assigos, for the term of

years as aforesaid, and every part and parcel thereof, with their and every of their rights, members, and appurtenances, and all the estate right, title, interest, term of years yet to come and unexpired, claim and demand whatsoever, both at law and in equity, of them the said (executors) (and the daughters) and each and every of them of, into and out of the same manors, lordships, messuages, lands, tenennents, hereditaments, and premises, and every part and parcel thereof by force and virtue of the said recited indenture quadrupartite, or otherwise howsoever, To Have and T. Hold the said manors, lordships, messuages, lands, tenements, hereditaments, and all and singular the said premises, herein before mentioned and intended to be hereby surrendered and reJeased, and every part and parcel thereof, with their and every of their rights, members, and ap

RECVE

RIES.

has done no act

purtenances, as long as the rules of law and equity PANES AND will permit, unto the said (cognizees) their heirs and assigns, to the same uses, intents, and pura By un Infant. poses, and subject to the same powers, provisoes, trusts, limitations, and agreements, as are herein.' before thereof respectively limited and declared, and to and for no other use, intent, or purpose, whatsoever. And the said (one of the erecutors) Covenant from for bimself, bis heirs, executors, and administra- cutors that he tors, doth hereby covenant, promise, and agree to

to encuoiber. and with the said

his heirs and assigns, that he the said (erecutor) bath not at any time heretofore made, done, or committed, any act, matter, or thing, whatsoever, whereby or by reason or means whereof the said manors, lordships, messuages, lands, tenements, hereditaments, and premises, hereinbefore mentioned or intended to be hereby surrendered or released, or any part or parcel thereof, is, are, can, shall, or may be any wise impeached, charged, or incumbered, for title, charge, estate, or otherwise howsoever. [Here introduce similar covenants from the other executors.] PROVIDED ALWAYS, and it is hereby Power of revo. declared to be the true intent and meaning of these presents and of the said parties, that it shall and may be lawful to and for the said (father) at any time or times hereafter, by any deed or deeds, to be by him sealed and delivered, or his last will in writing, to be by him signed and published in the presence of three or more credible witnesses, to revoke, alter, or make void in all or any of the said several inanors, lands, and premises, in the said counties of

and either of them intended to be comprized in the several fines covenanted to be levied thereof respectively as aforesaid, the use and uses, estate

cation as to part.

or

RECOVE

RIES.

FINES AND and estates, hereinbefore declared or limited to or

to the use or beboof of all and every or any the By an Infant daughters of the several bodies of the said (fa

ther) and (intended husband) respectively, lawfully to be begotten, and the heirs of their respective bodies lawfully issuing, and all or any the uses or estates, hereinbefore limited or expressed, after and subsequent to the failure of sons of the said (intended husband) by any woman or women other than the said ( intended wife) and of the issue male of such sons; and by the same deed or deeds, or will, or any other deed or deeds, to be by him executed in the presence of three or more witnesses, to limit any new or other use or uses, estate or estates of or in all or any such manors, lands, and premises, wherein any such use or uses, or estate or estates, shall be revoked, as aforesaid, in the lieu and stead of such use or uses, and estate or estates so revoked, and to take place and effect, after failure of such sons as are last mentioned, and their issue male, as aforesaid, any thing hereinbefore mentioned to the contrary thereof in anywise notwithstanding. IN WITNESS, &c.

No. XXXV.
Covenant that a Son as soon as he shall attain

Twenty-one, shall join with his mother in
suffering a Recovery.

AND 'THIS INDENTURE FURTHER WITNESSETH, Coveran! to suf- that in pursuance of the said recited proposal, fer a diecovery.

and for the considerations aforesaid, they the said A. B. and C. D. for themselves, jointly and severally, and for their and each of their heirs, executors, and administrators, do and each of them

RIES

900m

doth bereby covenant, promise, and agree to and UNES AND with the said G. H. his heirs, executors, and administrators, that when and so soon as any son Covenant to swfof the body of the said A. B. shall attain his age fer a Recivery. of twenty one years, in case she the said A. B. shall be then living, such soo shall as as possibly practicable after his so attaining his said age of twenty-one years, join and concur with the said A. B. in suffering a good and perfect common recovery in his Majesty's Court of Common Pleas at Westminster, according to the course and order of coinmon recoveries for assurances of lands in such cases used, of and concerning the said, &c. with the appurtepances, and thereby or by other good and effectual ways or means, bar the entails and all reversions or remainders thereupon expectant and depending, and sball and will thereupon with all practicable dispatch, join and concur with the said A. B. in good and effectual conveyances and assurances in the law of the same, &c. and of the fee simple and io heritance thereof, unto and to the use of the said E. F. and his heirs, absolutely discharged of and from all incumbrances, particularly the aforesaid proviso, and all other provisoes and agreements for redemption of the same premises, and all equity thereupon, as by the said G. H. his heirs and assigns, his, their, or any of their counsel in the law shall in that behalf be reason. ably and lawfully devised or advised and required. IN WITNESS, &c.

FINES AND
RECOVE.

RIES.

No. XXXVI.

Sale inrolled to make Tenant le

Parties.

Bargain and Introduction to the Uses of a Recovery, with

treble Vouchers for barring Estates tail, and the Precipe.

barring and extinguishing a Rent Charge limited to a Feme as part of her Jointure.

This INDENTURE, made, &c. BerWEEN (huesband and wife) of the first part; (the eldest son and heir apparent of the said husband and wife) of the second part; (tenant to the præcipe) of the

third part; and (demandant) of the fourth part. Consideration. WITNESS ETH, that for barring all estates tail

and reversions or remainders expectant thereon, of and in the said manors, &c. hereinafter mentioned, and for barring and extinguishing the annuity or yearly rent charge of limited to the said (wife) for part of her jointure to be issuing out of the said manors, lands, and premises, and made payable to !er during her natural life, and in consideration of the sum of fire shillings of lawful money of, &c. to each of them the said (father, mother, and son) in band well and truly paid by the said (tenant) at or before

the sealing and delivering these presents, the Conveyance. receipt whereof is hereby acknowledged, THEY

the said (father, mother, and son) HAVE, and each and every of them HATA (1) granted, bar

(1) Many persons object to their clients conveying by the word “grunt,” particularly in a bargain and sale enrolled; but I apprehend the word grant hath no greater or other signification in a bargain and sale enrolled than it has in a lease and release. In general, I apprehend the word “grant" amounts to an implied warranty only where an estate for years of other chattel interest passes ; but even in that case, if there be

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