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His heir assumed another
RE-CONVEY. limited in use to bim as aforesaid, leaving the
said (nephew) his nephew and heir at law, upon By the Heirs of whom the legal estate in the said messuage or à Mortgugee.
tenement, lands and hereditaments descended in
fee-simple. AND WHERE is the said (nephew) name, and by after the death of the said (mortgagee) assumed will, devised to his son-in-law
the name of in addition to his said former name of
and he the said (nephew) by his last will and testament in writing bearing date the
and duly executed and attested in the manner prescribed by law for passing real estates, by devise gave and devised unto (his son-in-law) and (a friend) their heirs, executors, administrators, and assigos, All the messuages, lands, tenements, and here. ditaments whatsoever and wheresoever conveyed to or vested in him by way of mortgage, or as a trustee, to the end that they might be enabled to couvey such as were vested in bim as trustee upor the proper trusts, and to foreclose the equity of redemption of the mortgaged premises, or reconvey the same on payment of the principal money and interest due thereon, as should be thought expedient and necessary by his said trus
tecs. AND WAEREAs the said testator afterwards daughter , who de parted this life without having revoked or
altered his said will, leaving the said ( a daugh. ter) his only child and heiress at law, who bad intermarried with (the father of present party of
the second part). AND WHEREAS the said (lady) left a son party survived her said husband, and hath since de
parted this life intestate, leaving the said (party
of the second part) her eldest son and heir at law. The other tres. AND WHEREAS the said (other trustee) survived leaving a bro. the said (son of trustee) and departed this life on or about the
His death, leaving a
Survived her husband and
ther bis heir.
ing (his only brother) and heir at law. AND RE-CONVEYWHEREAS the said (brother) departed this life on or about the
intestate as to By the Heirs of
a Mortgagee. the said messuage or tenement, lands and hereditaments, leaving the said (first party) party death, leaving to these presents, his eldest son and heir at law, a son his heir. AND WHEREAS under and by virtue of divers Equitable fee mesne conveyances and assurances in the law, vested in a the equity of redemption or equitable estate in party hereto. fee simple of and in the said messuage or tenement, lands and hereditaments so limited in use to the said (mortgagee) as aforesaid, is now become vested in the said (party of the third part), AND Whereas the said (parties of the first and That the heirs second parts) as heirs at law respectively as afore- been required said, have been called upon and required by the said (owner) to release and convey the legal estate in fee simple of and in the said messuage or tenement, lands and hereditaments so limited in use to the said (mortgagee) as aforesaid, unto the said (trustee) in the manner hereinafter contained, to which request the said (heirs) bave consented and agreed. Now this INDENTURE WITNESSETH, Witnesseth. that in pursuance of, the said agreement, and for and in consideration of the sum of ten shillings, of, &c. to each of them the said (heirs) in hand paid by the said (trustee) upon or immediately before the execution of these presents, the receipt whereof is hereby acknowledged, They the said (heirs) at the request and by the direction and appointment of the said (owner) testified by his being a party to and sealing and delivering these presents, Have, and each of them Hatu bar- Words of congained, sold, aliened, and released, and by these presents Do, and each of them Doth bargain,
RE-CONVEY. sell, alien, and release unto the said (trustee) in
bis actual possession now being by virtue of a By the Heirs of bargain and sale to him thereof made by the said a Mortgagee.
(heirs) in consideration of five shillings each 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 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, and to his heirs, All and singular the said messuage or tenement, closes and parcels of ground and hereditaments comprised in tbe said recited indentures of lease and release, and which are therein mentioned to be then in the tenure or occupation of, &c. and which were thereby limited in use to the said (mortgagee) his heirs and assigns, by way
of mortgage as aforesaid, or intended so to be, General words. together with all and singular houses, out-houses,
edifices, buildings, barns, stables, yards, gardens, orchards, backsides, lights, rooms, trees, woods, underwoods, and the ground and soil thereof, commons, common of pasture, and rights of common, hedges, ditches, drains, waters, watercourses, rights, members, privileges, advantages, commodities and appurtenances whatsoever to the said messuage or tenement, lands and bereditaments hereby expressed to be released, or any part thereof belonging, or in any wise appertaiuing, or therewith or with any part or parts thereof now, or at any time or times heretofore usually set, let, held, occupied, possessed, or enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, or member thereof; and the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits thereof,
and of every part and parcel thereof; and all the Re.CONVEYestate right, title, interest, inheritance, use, trust, property, claim, and demand whatsoever, both at By the Heirs of
a Mortgagee. law and in equity, and in possession, reversion, expectancy, or otherwise howsoever of them the said (heirs), and each of them, of, in, to, out of, or upon the same premises, every or any part thereof, TO HAVE AND TO HOLD the said messu- Habendum. age or tenement, lands and hereditaments hereinbefore particularly described and expressed to be hereby released, with their appurtenances, unto the said (trustee ) his heirs and assigns, TO THE To the use of a USE of the said (trustee) his heirs and assigns for ever, upon such trusts, and for such ends, intents, and purposes, and under and subject to such powers, provisoes, charges, declarations, and agreements as the same respectively stood limited and assured immediately before the execution of these presents, and upon or for no other trust, intent, or purpose whatsoever. And each of
heirs that they them the said (heirs) so far as relates to his own have not inacts and deeds only, but not further or otherwise, doth for himself, his heirs, executors, and admi. nistrators, hereby covenant and declare to and with the said (trustee) his heirs and assigns, that they the said (heirs) respectively, have not at any time or times heretofore made, done, committed, or wilfully suffered any act, deed, matter, or thing whereby or by reason or means whereof the said messuage or tenement, lands and hereditaments hereby expressed to be released, or any part or parts thereof, are, is, or may, can, or shall be impeached, charged, incumbered, or in any wise affected in title, charge, estate, or otherwise howsoever. IN WITNESS, &c.
omilled on a former occasion.
Premises which had been omitted to be conveyed
This IN DENTURE, made, &c. BETWEEN (1Tus. tee of legal estate) of the first part ; (grantor of an annuity on a former occasion, and owner of the estate) of the second part; (the annuitant) of
the third part; and (then trustee) of the fourth Recites a mort. part. [Reciting indentures of lease and release gage,
and assignment or mortgage ; and also reciting indentures of lease and release, and assignment, whereby the premises comprised in the other in.
dentures were to have been charged with an ansince the exe- nuity.] AND WHEREAS since the execution of an omission of the last recited indentures of lease and release, parcels bas
it hath been discovered that contrary to the intenvered,
tion of the parties thereto, certain parts of the
to which trustee is the said
AND WHEREAS the said requested 10" (trustee) hath been called upon and required by
the said (annuitant) to release and convey, or otherwise assure the legal estate in fee-simple of and in the said hereditaments and premises 80 omitted to be conveyed unto the said (trustee for
cution of which