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Of Lands in
thereof, and of every part and parcel thereof; FINES 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 herein before 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 his 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 Isles.
Attestation of a Certificate by the Lord Chief
BE IT REMEMBERED, that on the
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 in being, 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 kingdom 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.
As to barring the Estate of a married Woman
Estate of a
THE estate of a married woman may be barred As to barring 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 acknowledgment thereon had, should be effectual to pass the inheritance in fee simple, of the plantation, parcel, or tract of lands and hereditaments within 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.]
Uses of Recovery, with treble. Vouchers.
Release by Father, Tenant for Life, and his Son, Tenant in tail male, also a Trustee, and certain Mortgagees, for the purpose of suffering a Recovery, with treble Vouchers, to the Use of the Father, subject to a Mortgage, but discharged of the Jointure of the Mother.
THIS INDENTURE, of six parts, made between (a tenant for life) (who is the eldest son of, &c. who was the tenant for life named in the hereinafter in part recited last will and testament of, &c. deceased) and (the wife of present tenunt for life) of the first part; (the first or eldest son of the said present tenant for life) by the said (wife) of the second part; (a trustee, the eldest son and heir at law of a devisee in trust, named in the said will of the said testator, deceased) of the third part; (two ladies, mortgagees, named in the hereinafter in part recited indenture of release) of the fourth
part; (tenant to the præcipe) of the fifth part; and Recital of will, (demandant) of the sixth part. WHEREAS, the mises were de- said (the testator) deceased, being at the time of vised, subject to making and publishing his said last will and testies to father of tament, and thence to the time of his decease, for ife, for life, seised of and well entitled in his own right unto
his body in tail
the first son of the hereditaments hereinafter mentioned, to be male, remain hereby released for an absolute estate of inherit ance, in fee simple, in possession, free from all charges and incumbrances, did in and by his said will, bearing date the
and executed in such manner as the statute pre scribes, for rendering valid the devise of freehold estates, devise all his hereditaments whatsoever unto and to the use of the said (devisee in trust) bis heirs and assigns, upon trust, for the payment
Uses of Reco
of certain annuities therein mentioned, and which FINES AND have long since determined, and subject thereto in trust for the said (deceased tenant for life) by his therein description of, &c. for his life, with very, with treble remainder to the use of the said (devisee) and his heirs during the life of the said (deceased tenant for life) upon trust, to support the contingent remainders thereinafter limited, from being defeated or destroyed; and upon the decease of the said (deceased tenant for life) in trust, for the first son of his body in tail male, with other subsequent limitations. AND WHEREAS, the (testator) departed this life in the year of Lord without having revoked or altered his said will. AND WHEREAS, all the several an- Determination nuities charged by the said will of the said (testa- charged by said tor) deceased, did determine before the expira- will.
tion of the year
said Death of testa
tor without re
our voking his will.
when the trusts so re
posed in the said (devisee in trust) in and by the
see in trust.
said will also determined. AND WHEREAS, the Death of devisaid (devisee in trust) departed this life in the year of our Lord intestate, leaving the said (trustee) party hereto, his eldest son, heir at law. AND WHEREAS, by or by virtue of a certain indenture of bargain and sale, of four parts, bearing date the day of
A bargain and
sale inrolled in
a recovery, whereby pre
the party hereto
and made or expressed to be made between the mises were said (deceased tenant for life) and the said (pre- to power of sent tenant for life) therein described to be eldest son and heir-apparent of the said last nam- first part for ed (testator) of the first part; (a tenant præcipe) of the second part; (certain demand ants) of the third part; and
life, remainder in tail male,
to his first son
remainders of the over.
fourth part; and which was duly enrolled in his