RE-CONVEY- Of a Mortgage in Fee. Parties. Recites a mortgage in fee. RE-CONVEYANCE. No. XLVIII. Re-conveyance by an Infant Heir of a Mortgagee to the Executors and Heir of a Mortgagee, who mortgaged to the Father of the Infant. This Deed is executed by the direction of the Mortgagor, and to enable him to complete a Sale of the mortgaged Premises. of THIS INDENTURE, made, &c. BETWEEN (the eldest son and heir of a derivative mortgagee, deceased) which said (heir) is an infant under the age of twenty-one years, (that is to say) of the age years and upwards, of the one part; (the widow and relict of another mortgagee also deceased, and which said mortgagee mortgaged the estates pledged to him to the before mentioned mortgagee) and the only son and heir of the said (deri vative mortgagee) deceased, which said (widow and son) are the executors of the last will and testament of the said (derivative mortgagee) of the other part. WHEREAS by indentures of lease and release, dated the days of release being quadrupartite, and made between, &c. for the considerations therein mentioned, the said (mortgagor) DID grant, bargain, sell, alien, release, and confirm unto the said (mortgageć) his heirs and assigns, (amongst other things) ALL, &c. TO HOLD the same premises to and to the use of the said (mortgagee) his heirs and assigus for ever; subject to redemption by the said (mortgagor) his heirs, executors, or adminis trators, on payment of the sum of to the said and the and و ANCE. Of a Mortgage in Fee. Transfer of such mortgage. (mortgagee) at the time therein mentioned and RE-CONVEYlong since past. AND WHEREAS by indentures of lease and release dated respectively, the days of the said release being tripartite, and made between (another derivative mortgagee) of the first part; the said (mortgagor) of the second part; and the said (derivative mortgagee whose widow and son are parties hereto) of the third part, reciting amongst other things that the said (mortgagor) had paid part of the said and that by divers mesne conveyances, the said premises hereinbefore mentioned became vested in the said (derivative mortgagee) for securing the sum of for the considerations therein mentioned, he the said (derivative mortgagee) DID bargain, sell, remise, release, and confirm; and the said (mortgagor) DID grant, release, ratify, and confirm unto the said (derivative mortgagee whose widow and son are parties hereto) and to his heirs, among other things, ALL the said premises herein before mentioned, TO HOLD the said premises to and to the use of the said (last mentioned mortgagee) his heirs and assigns, redeemable nevertheless by the said (mortgagor) his heirs, executors, administrators, or assigns, on payment of with lawful in terest for the same, on the day of transferee. then next ensuing. AND WHEREAS by indentures Mortgage by of lease and release dated respectively the days of and RE-CONVEY- indenture of release as or to the like effect as hereinbefore is recited, IT IS WITNESSED that the Of a Mortgage said (mortgagee whose widow and son are parties ANCE. in Fee. Further hereto) for the considerations therein mentioned, DID release and confirm to the said (mortgagee first mentioned) and his heirs, among other things, ALL the premises therein and hereinbefore mentioned, To HOLD the same premises to and to the use of the said (mortgagee first mentioned) his heirs and assigns, redeemable by the said (mortgagee whose widow and son are parties hereto) his heirs, executors, administrators, or assigns, on his or their payment of with interest for the same, at the time and in manner Mortgage paid. pear. Death of transferee. AND WHEREAS the said (last mentioned mortgagee) did in his life-time pay to the said (first mentioned mortgagee) all the principal and interest money due to him on the said security. AND WHEREAS the said (mortgagee whose widow and son are parties hereto) died in the year having made his will, dated the day of and thereby appointed the said (widow and son) executors thereof, who afterwards duly proved day of ANCE. Of a Mortgage in Fee. Also of mort the same in the proper ecclesiastical court. AND RE-CONVEY WHEREAS the said (first mentioned mortgagee) departed this life on the having in his life time duly made his last will and testament in writing, and thereof appointed (his wife) sole executrix, who afterwards proved the his wife execu same in the proper ecclesiastical court. WHEREAS by an order of the court of Chancery last, upon the made on the day of AND petition of the said (mortgagor, widow and son) it was referred to gagee leaving trix. one of the masters of Usual order of the court of the said court, to examine and certify how the Chancery. said estate was vested in the said (heir), and whether he was an infant and a trustee, or mortgagee within the intent and meaning of the act of parliament made in the seventh year of the reign of her late Majesty, Queen Anne, entitled, “An Act "to enable infants who are seised or possessed of estates in fee, in trust, or by way of mortgage, "to make, conveyances of such estates;" and after the master's report, such further order should be made as should be just. AND WHEREAS Master's rethe said master did on the day of last make his report, and did thereby certify (among other things) that the said (mortga gee whose widow and son are parties hereto) did in his life time pay to the said (first mentioned mortgagee) all the principal and interest money due to him on the said security; but before any re-conveyance was made by the said (first mentioned mortgagee) of the said premises to the said (mortgagee whose widow and son are parties hereto) the said (first mentioned mort, gagee) died, having made his will, and appointed his said (wife) sole executrix thereof, who port. RE-CONVEY afterwards proved the same; but as the said (first mentioned mortgagee) did not by his will make Of a Migage any disposition of the said mortgaged premises, ANCE. in Fee. the legal estate therein upon his death descended to and vested in the said (heir) his eldest son, and was then vested in him as heir at law of his said father, the said (first mentioned mortgagee); AND that the said (heir) was an infant of the age of 'seventeen years and upwards, and he conceived that the said (heir) was a trustee or mortgagee within the intent and meaning of the said act of parliament. AND WHEREAS, by an order of the said court made by the Right Honourable the ant to Master's Lord High Chancellor, on the Order direct ing infant to convey pursu report. Contract by day of last past, IT WAS ORDERED that the said (heir) the infant, should, pursuant to the said Act of Parliament, convey the aforesaid mortgaged premises, according to the said Master's report, AS by the said wills, orders, and report, respectively may more fully appear. AND WHEREAS the said sale of the pre- (mortgagor) hath contracted and agreed to sell and convey unto (a purchaser of the mortgaged premises) the said messuage or tenement, farm, meadow, closes of ground, lands, hereditaments and premises hereinbefore particularly mentioned with their appurtenances, for the sum of mortgagor for mises. Consideration. Now THIS INDENTURE WITNESSETH, that to the end and intent that the said hereditaments and particularly mentioned, (widow and son) so as premises hereinbefore |