FINES AND RIES. Uses of Reco and of a common recovery duly suffered in pursuance thereof, in or as of in the Term, year of his present Majesty King very, with treble George the Third, the said (parties of the third part) were demandants; in which common recovery the said (party of the second part) was tenant, and the said (deceased tenant for life) first vouchee, and the said (present tenant for life) second vouchee; the said hereditaments hereinafter mentioned to be hereby released, were con veyed and assured (after certain intermediate uses and purposes which determined upon the decease of the said (deceased tenant for life) and subject to a term of years) to the use of the said (present tenant for life) and his assigns, for his life, with such powers of jointuring and portioning as are therein mentioned, with the next remainder to the first son of the said (tenant for life) in tail male, with divers remainders over. AND WHEREAS, by certain indentures of lease lease by way of and release bearing date respectively the and days of and made or expressed to be made between the said (present tenant for life) of the one part, and the said (mortgagees) of the other part; ALL the said hereditaments comprised in the said recited indenture of bargain and sale of the said Lease and re mortgage of life estate. day of were for the valuable considerations in the same indenture of release mentioned, conveyed, and assured unto and to the use of the said (mortgagees) their heirs and as signs, during the life of the said (present tenant for life) subject to a proviso or condition thereinafter contained for redemption and re-conveyance of the same hereditaments, UPON payment by the said (tenant for life) his heirs, executors, or ad FINES AND Uses of Reco Vouchers. ministrators unto the said (mortgagees) their executors, administrators, or assigns, of the full sum of and interest after the rate and at the days and times, and in the manner therein men very, with treble tioned; and which said principal sum and some arrear of interest do still remain unpaid. AND That powers of WHEREAS the said (present tenant for life) exer- exercised; cised the power of jointuring so given unto him in and by the said hereinbefore in part recited indenture of bargain and sale of the said of day jointuring were and the said common recovery as aforesaid, by appointing the annual sum of unto the said (wife) by way of jointure for her life, in case of her surviving him. AND WHEREAS that a recovery the said, &c. who is the first or eldest son of the suffered to the said (present tenant for life) by the (wife) baving ther, discharg attained his age of twenty-one years on the day of now last past, he having been is about to be use of the fa ed of the jointure; It is proposed and agreed by him and his father, with the concurrence of his said mother (she having consented to be vouched) and of the said (mortgagees) that a common recovery shall be forthwith suffered of all the said hereditaments comprised in the said hereinbefore in part recited indenture of bargain and sale of the said day of , for the purpose of barring all the estates tail and remainders dependant thereon and subsequent thereto, of and in the same hereditaments, and of conveying and assuring the absolute estate of inheritance in fee-simple, of and in all the same premises discharged of the jointure of the said (wife) to the uses and upon the trusts hereinafter limited and declared of and concerning the same. AND WHEREAS it hath been been thought thought adviseable to apply unto the said (trus- trustee should and that it hath adviseable that FINES AND tee) party hereto, to concur in the conveyance RECOVE RIES. Uses of Reco Vouchers. hereinafter mentioned to be made preparatory to suffering the said common recovery, and which Dery, with treble the same (trustee) hath consented to do. Now THIS INDENTURE WITNESSETH, that in pursuance concur in mak- of the said recited agreement, and for the express purpose of barring, docking, destroying, Consideration. defeating and extinguishing all estates tail, and ing a tenant to the præcipe. all and every the remainders, limitations, reversions, estates, conditions, and contingencies thereupon respectively expectant or dependant, of and in the said hereditaments and premises hereinafter mentioned to be hereby granted and released; and for giving unto the said (present tenant for life) the complete controul and dominion over the fee-simple thereof, and for and in consideration of the sum of 10s. a-piece of lawful English money by the said (tenant to præcipe) unto the said (tenant for life) (his son) (trustee) party hereto, and (mortgagees) in hand paid at or immediately before sealing and delivering these presents, (the receipt whereof is hereby respectively acknowledged) HE the said (trustee) party hereto, (according to his estate and interest of and in the same hereditaments as trustee under the said recited will of the said (testator) deceas Words of con- ed, and as far as he lawfully can or may) HATH bargained, sold, and released, and by these presents DOTH, in manner aforesaid, bargain, sell, and release; and they the said (mortgagees) as far as they respectively lawfully can or may in their capacity of mortgagees as aforesaid HAVE, and each of them HATH bargained and sold and released, and by these presents Do, and each of them DOTH in manner aforesaid, bargain and sell and release; and they the said (tenant for life) veyance. RECOVE RIES. Vouchers. lease for a year. and (his son) HAVE and each of them HATH grant- FINES AND ed, bargained, and sold and released, and by these presents Do and each of them DOTH grant, Uses of Reco bargain, and sell and release unto the said (tenant very, with treble to præcipe in his actual possession now being, by virtue of a bargain and sale to him thereof made by the said (tenant for life) (his son) (trustee) party hereto, and (mortgagees) for 5s. a piece consideration, by indenture bearing date the day next before the day of the date of these presents, for the term of one whole year, commencing from Mention of 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 or possession into uses) and his heirs, ALL that the manor, &c. [Here insert parcels.] AND Parcels. all and singular other the messuages, cottages, Words of cau farms, lands, tenements, advowson and right of presentation and hereditaments whatsoever of them the said (tenant for life) and (his son) and of either of them, or whereof or wherein they or either of them have or hath any estate of freehold whatsoever, either in equity or at law, situate, lying, or being within the parish of afore tion. said; TOGETHER with all and singular houses, General words. outhouses, edifices, buildings, barns, stables, dovehouses, orchards, folds, yards, gardens, backsides, lands, meadows, pastures, glebe lands, feedings, timber, and other trees, coppices, woods, underwoods, and the ground and soil thereof, hedges, ditches, mounds, ditches, mounds, fences, mines, minerals, delf, quarries, free chase, and free warren, free fishery, fowling, hawking, hunting, ways, waters, watercourses, paths, passages, ponds, dams, pools, commons, common of pasture, wastes, waste ground, profits, royalties, courts, RECOVE RIES. Uses of Recovery, with treble Vouchers. FINES AND Courts leet, courts baron, and customary courts, view of frank pledge, and all other lawful court and courts, and all profits and perquisites of courts and leets, and all that to courts and leets and view of frank pledge do belong; and all waifs, estrays, treasure trove, goods and chattels of felons and fugitives, felons of themselves, and persons put in exigent, outlaws, deodands, wards, reliefs, escheats, fines, heriots, amerciaments, quit rents and other rents, piscaries, fishings, and fishing places, services, fairs, markets, tolls, and all other rights, liberties, jurisdictions, privi leges, easements, profits, commodities, emoluments, advantages, and appurtenances whatsoever to the said manors or lordships, messuages or tenements, farms, lands, and hereditaments hereinbefore mentioned to be hereby granted and released, or any part or parcel thereof belonging or in anywise appertaining, or to or with the same or any part or parcel thereof, now or at any time heretofore usually had, used, held, occupied, possessed or enjoyed, or accepted, reputed, deemed, taken, or known, as or for part or parcel thereof, and the rever- or of any part thereof. AND the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits of all and singular the said several hereditaments and premises, and every part and parcel thereof; AND all the estate right, title, interest, use, trust, possession, property, claim, and demand whatsoever, as well in equity as at law, of them the said (relessors) and every of them, of, to, in, or out of the same, and every or any part thereof, To HAVE AND TO HOLD the said manor or lordship, messuages or tenements, farms, lands, bereditaments and premises herein. before mentioned to be hereby granted and re sion, &c. and all the estate, &c. Habendum. |