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Release by Tenant in Tail in Remainder, to bar of Lands in
an Entail and create a Base Fee in a Moiety of a Plantation in Jamaica.
This IDENTURE, made, &c. BETWEEN (te- Parties. nant in tail in remainder) of
in the county of
one of the two only sons of
of the island of Jamaica, Esq., and who as such is under and by virtue of the last will and testament of (his grandfather) deceased, entitled to the remainder in tail immediately expectant on the decease of the said (father) in an undivided moiety or balf part of the plantation and estate hereafter described and intended to be hereby granted and released, of the one part; and (relessee) of
in the parish of
in the said county of
, of the other part; WITNESS- Witnesseth. ETH, that for docking, barring, extinguishing, and destroying the aforementioned estate tail and all other entails (if any such are) vested in him the said (tenant in tail) and for enabling him to charge, settle, convey, and assure the hereinafter mentioned moiety of the hereditaments. hereinafter described in such manner as be shall judge proper, freed and discharged from such entail or entails. AND in consideration of the sum of five shillings of lawful money of the United Kingdom of Great Britain and Ireland, current in Great Britain, by the said (relessee) in hand paid to the said (tenant in tail) upon or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, He the said
Words of conveyance.
Mention of lease for a year.
FINES AND (tenant in tail) Haru granted, bargained, sold,
and released, and by these presents Doth grant, bargain, sell, and release unto the said (relessee) (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said (tenant in tail) in consideration of five shillings, by indenture, bearing date the day dest before the day of the date of these presents, for one whole year, commencing from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute
made for transferring uses into possession) and to Moiety of plan- his heirs, All That undivided moiety or half tation.
part (the whole into two equal parts to be divided) of and in all that plantation and estate called
or otherwise, situate in the said island of Jamaica, and devised by the will of the said (grandfather) to the said (father) during his life, with remainder to the first and second sons of the body of the said (father) and the
heirs of such first and second sons lawfully issuGeneral words. ing, with remainder over. AND of and in all and
singular the bouses, out-houses, boiling houses, curing-houses, store-bouses, sugar-houses, edi. fices, buildings, mills, stills, kilns, coppers, stews, ladles, skimmers, potting basons, sugar pots, worms, worm tubs, coolers, cisterns, utensils, effects, rights, members, and appurtenances, to
the same plantation and estate belonging or in Slaves, &e. anywise appertaining; AND LIKEWISE of and in
all and singular the negroes and other slaves, cattle, and stock, in, upon, or about the same plan
tation and estate, or thereto belonging, and their And the rever- progeny and increase respectively; And the resion, &c.
version and reversions, remainder and remainders,
Of Lands in
thereof, and of every part and parcel thereof; FINPS AND And all the estate right, title, interest, use, trust, possession, property, claim, and demand, at law and in equity of him the said (tenant in tail) of, in, to, and out of the same moiety and premises, and every part and parcel thereof. TO HAVE Habendum. AND TO HOLD the said undivided moiety or half part of the same plantation or estate, negroes, slaves, cattle, stock, hereditaments, and all and singular other the premises bereinbefore expressed to be hereby granted and released with their and every of their appurtenances unto the said (relessee) and his heirs, TO THE USE of the said Use. (relessee) his heirs and assigns, subject, nevertheless, to the estate for life of the said (father) under and by virtue of the said will of the said (grantee) as aforesaid, TO THE INTENT AND PURPOSE, that Intent, the reversion or remainder of the same moiety of the aforesaid premises expectant on the decease of the said (father) may from henceforth be absolutely vested in the said (relessee) and his heirs for an estate of inheritance in fee-simple, defeasible or determinable only by the decease of the said (tenant in tail) without lawful issue, or for such further or greater estate or interest as he the said. (tenant in tail) now or hereafter can or may lawfully grant or part withal, of and in the same premises or any part thereof, in order that the said estate or estates tail may be effectually barred. AND UPON THIS SPECIAL TRUST AND CON- Trust. FIDENCE, that the said (relessee) and bis heirs do and shall reconvey and reassure the said one undivided moiety or full half part of the said plantation, estate, negroes, cattle, and premises, with the appurtenances, to such uses, upon such trusts,
FINES AND for such ends, intents, and purposes, and under
and subject to such powers, provisoes, considerations, and agreements, as the said (tenant in tail) shall at any time or times hereafter direct or appoint. And in the mean time in trust for the said (tenant in tail) his heirs and assigns for ever, and to and for no further or other use, intent, or pur. pose whatsoever. IN WITNESS, &c.
Of Lands in the Caribbee
Attestation of a Certificate by the Lord Chief
Justice of the Common Pleas, of the Acknow-
before the Right Honourable
Lord Chief Justice of his Majesty's Justices of the Court of 'Common Pleas at Westminster personally appeared the within named (A. B.) the grantor in the within written (1) indenture, and did then acknowledge before me that the within written indenture of release was his act and deed, and was by him duly executed, in order and to the intent, that the same indenture together with this present acknowledgment thereon had should be effectual, to bar all entails, reversions and remainders if
any expectant or dependant on all or any of the plantations, lands, tenements, hereditaments, slaves,
(1) If such deed is executed in this country, it must be inrolled in the High Court of Chancery of that part of the king dom wherein it is executed,
cattle, and other things, or any part thereof, granted or conveyed, or intended to be granted or conveyed by the same indenture, which I attest under my hand the day and year aforesaid, and in my aforesaid capacity.
Married Woman in America.
The estate of a married woman may be barred As 10 barring
Estate of a in America, by acknowledgment of the deed to which she is made a party before the proper officer, who must examine her privately as in England, upon a fine, and certify such examination, upon
the deed which must be inrolled, in the province where, &c. The grantor being in England may acknowledge before the Lord Mayor of London, or the Chief Justice of the Court of Common Pleas.
Attestation of Certificate. BE IT REMEMBERED that, &c. To the intent that the same indenture, together with this present ackuowledgment thereon had, should be effectual to pass the inberitance in fee simple, of the plantation, parcel, or tract of lands and hereditaments withio mentioned to be released (the said Isabella and Margaret being solely and separately examined and consenting thereto,) which I attest under the seal of my office, the day and year aforesaid; [or if acknowledged before a judge, &c. which I attest under my hand in my, aforesaid capacity, the day and year aforesaid.]