RE-CONVEY-
ANCE.

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 and 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 (mortgage) 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

the

ANCE.

(mortgagee) at the time therein mentioned and RE-CONVEYlong since past. AND WHEREAS by indentures of lease and release dated respectively, the

days of

and
the said release being
tripartite, and made between (another derivative
mortgagee) of the first part; the said (mort-
gagor) of the second part; and the said (deriva-
tive 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 con-
veyances, the said premises hereinbefore men-
tioned became vested in the said (derivative mort-
gagee) for securing the sum of for the consi-
derations therein mentioned, he the said (deriva-
tive mortgagee) DID bargain, sell, remise, release,
and confirm; and the said (mortgagor) DID grant,
release, ratify, and confirm unto the said (deriva-
tive 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
To
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

Of a Mortgage in Fee.

Transfer of such mortgage.

transferee.

then next ensuing. AND WHEREAS by indentures Mortgage by of lease and release dated respectively the

and

days of

and made or mentioned to be made between the said (derivative mortgagee whose widow and son are parties hereto) of the one part, and the said (derivative mortgagee first mentioned in this precedent) of the other part; after reciting in the said last mentioned

RE-CONVEY- indenture of release as or to the like effect as

ANCE.

hereinbefore is recited, IT IS WITNESSED that the Of a Mortgage said (mortgagee whose widow and son are parties

in Fee.

Further

charges by him.

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
therein mentioned, and long since past. AND by

two indorsements on the said indenture of release,
the said (last mentioned mortgagee) DID after-
wards charge and subject the said premises to
and with the payment of the further sums of
and
and interest to the said (first
mentioned mortgagee) his executors, administra-
tors, or assigns, by the said (mortgagee whose
widow and son are parties hereto) his heirs, exe-
cutors, administrators, or assigns, at the times
therein mentioned, and since past, as by the said
indentures and indorsements may more fully ap

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

day of

ANCE.

Of a Mortgage in Fee.

trix.

one of the masters of Usual order of

the court of

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 Also of morttestament in writing, and thereof appointed (his gagee leaving wife) sole executrix, who afterwards proved the his wife execu same in the proper ecclesiastical court. AND WHEREAS by an order of the court of Chancery made on the last, upon the petition of the said (mortgagor, widow and son) it was referred to 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 (mortgagee 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 mortgagee) 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 Magage 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); 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 pie- (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 IN DENTURE WITNESSETH, that to the end and intent that the said hereditaments and premises hereinbefore particularly mentioned, may be vested in the said (widow and son) so as to enable them to join in a good and perfect conveyance thereof unto the said (purchaser) his heirs and assigns; AND ALSO, for and in consideration of the sum of 5s. of lawful money, &c. to him the said (heir) in hand paid by the said (widow