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RE-CONVEY- after mentioned. In which said indenture, now in recital, is contained a proviso or agreement for Of Mortgage redemption of the said premises by the said indenture, now in recital, assigned and demised, on payment by the said (mortgagor) his heirs, executors, or administrators, unto the said (second transferree) his executors, administrators, or assigus, of the sum of with interest
for the same, after the rate at the time and in Sub-mortgage. manner therein mentioned. AND WHEREAS by a deed poll or instrument in writing under the hand and seal of the said (mortgagor) bearing date on or about the day of
which was in the year of our Lord
the said (mortgagor) did charge the said manor,
As by indenture, bearing date on or about the
préssed to be made between (the widow, relict, and administratrix, second transferree) of the first part; (the only acting executor of the said sub-mortgagee) of the second part; the widow and relict of the said (sub-mortgagee), and to which said (last mentioned widow) letters of administration with the will annexed of the goods and chattels, rights and credits of the said &c. unadministered by the said (second transfer. ree) the only acting executor of the said, &c. had been granted by the Prerogative Court of Can
terbury, of the third part; AFTER RECITING the RE-CONVEYwill of the said, &c. bearing date the
and that the said, &c. thereby Of Mortgage appointed the said (second transferree and another) executors of his said will, but that the said (second transferree) alone proved the same in the Prerogative Court of Canterbury; AND AFTER Death of one of RECITING the said hereinbefore in part recited in
dentures of the day of
a mere trustee.
and that the said (second transferree) having survived the said (other executor) had since died intestate, and that administration of his estate and effects had been granted to the said (his administratrix) by the said Prerogative Court of Canterbury; AND that the That second said sum of lent by the said (second transferree) upon the said hereinbefore in part recited mortgage was not his own money, but part of the personal estate of the said, &c.; AND That sub-mortALSO, that the said (sub-mortgagce) during the the managelife of the said (second transferree) had the principal management of the estate and effects of second transthe said, &c; AND after the decease of the said and afterwards (second transferree) the said (sub-mortgagee) self of the procontinued in the management of the property of perty of his the said, &c. and possessed himself of all or the greatest part of his personal property; property; AND after reciting the said deed poll of the
and that the said sum of
lent by the said (sub-mortgagee) to the said (mortgagor) was part of the personal property
gagee had had
ment of the property of
of the said, &c; AND ALSO reciting that the said Death and will (sub-mortgagee) had departed this life, having gagee. first duly made and published his will in writing, bearing date the
RE-CONVEY- whereby he appointed the said (party of the third part to the deed now in recital) and (two Of age other persons) his executors, but that the said (executor) had alone proved the same in the Prerogative Court of Canterbury: IT IS WITNESSED that in consideration of the sum of
sirous of a le
secured by the said recited indenture of the
indenture of the
and as part of the personal estate of the said, &c. AND WHEREAS all principal money and interest paid. secured to the said (administratrix) as aforesaid, Mortgagee de hath been duly satisfied and discharged. AND WHEREAS the said (mortgagor and assigneeas there is occasion) is desirous that so much of the said premises comprised in the said two several terms of. years and years, as is hereinafter particularly mentioned and described and intended to
be hereby assigned and surrendered, should be as- RE-CONVEYsigned and surrendered to him the said (assignee)
NOW THIS IN
in manner hereinafter mentioned Of Mortgage by Demise. DENTURE FURTHER WITNESSETH, that in pursuance of the said agreement, and for and in Consideration. consideration of all principal money and interest secured to her the said (administratrix) as aforesaid, having been satisfied and paid to her the said (administratrix) which she the said (administratrix) doth hereby admit and acknowledge. AND for and in consideration of the sum of
of lawful money of the United Kingdom of Great Britain and Ireland, of English value and currency, by the said (assignee) to the said (administratrix) in hand well and truly paid at or before the scaling and delivery of these presents, the receipt whereof is hereby acknowledged; SHE the said (administratrix) at the request and by the direction of the said (assignee) testified by his being made a party to and executing these presents, HATH assigned, surrendered, and yield- Words of coned up, and by these presents DoTH assign, surrender and yield up unto the said (assignee) his heirs and assigns, ALL THAT the manor and advowson of aforesaid, with all messuages, lands, tenements, and hereditaments, thereunto belonging and appertaining, with their and every of their rights, members, and appurtenances; AND all the estate right, title, interest, term and terms for years yet to come and unex pired, trust, possession, property, possibility, claim and demand whatsoever both at law and in equity of her the said (administratrix) of, in, to, or out of the same premises, every or any part or parcel thereof: TO HAVE AND TO HOLD the said Habendum. manor and advowson, messuages, lands, tencuments,
RE-CONVEY- and hereditaments, and all and singular other the premises herein before mentioned and intended to
Of Mortgage be hereby assigned and surrendered with the ap purtenances unto the said (assignee) his heirs and assigns, henceforth for and during all the rest, residue, and remainder of the said terms of
against incum. brances.
years now to come and unexpired therein, TO THE INTENT, that the now residue of the same two terms of
years and years may be merged and extinguished in the reversion, freehold, and inheritance of the same premises, now vested in the said (assignee). AND the said (administratrix) for herself, her heirs, executors, and administrators, doth cove nant and declare to and with the said (assignee) his heirs and assigns, by these presents, that the said (second transferrce, his executrix, sub-mortgagee, his executor, and the administratrix) have not nor have or hath any or either of them at any time heretofore done or committed, or wittingly or willingly permitted or suffered to be done any act, deed, matter, or thing whatsoever, whereby or wherewith or by reason or means whereof the said manor and advowson, messuages, lands, tenements, hereditaments, and premises, hereinbefore mentioned and intended to be hereby assign ed and surrendered, or the said two terms of years and
years therein respectively, or any part thereof respectively are, is, can, shall, or may be charged, forfeited, impeached, assigned, incumbered, or affected in title, estate, or otherwise howsoever. IN WITNESS, &c.
(1) The statute enabling infant trustees to convey, extends only to plain and express trusts, not to such as are plain of constructive only; 2 Eq. Cas. Ab. 521. pl. 7. 3P. W. 887.