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RE-CONVEY sell, alien, and release unto the said (trustee) in his actual possession now being by virtue of a By the Heirs of bargain and sale to him thereof made by the said (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 the 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 hereditaments hereby expressed to be released, or any part thereof belonging, or in any wise appertaining, 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 Covenant by
them the said (heirs) so far as relates to his own acts and deeds only, but not further or otherwise, doth for himself, his heirs, executors, and administrators, 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.
heirs that they
have not in
omilled on a former occasion.
Conveyance by a Trustee of the legal Estate in Premises which had been omitted to be conveyed by him on a former occasion to a Trustee for certain Annuitants.
THIS INDENTURE, made, &c. BETWEEN (trustee 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 and assignment or mortgage; and also reciting indentures of lease and release, and assignment, whereby the premises comprised in the other indentures 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,
cution of which
requested to convey.
it hath been discovered that contrary to the intention of the parties thereto, certain parts of the hereditaments which were comprised in the said indentures of lease and release, and mortgage, of days of
omitted to be conveyed in the said last recited indentures of lease and release, of the
which trustee is the said AND WHEREAS the said therefore now (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 so omitted to be conveyed unto the said (trustee for
them) his heirs and assigns as aforesaid, to which CONVEYrequest the said (other trustee) hath consented
and agreed. Now THIS INDENTURE WITNESS ETH, omitted on a that in pursuance of the said agreement, and for forme, occasion, the considerations mentioned in the said indenture of release, of the and for and in consideration of the sum of five shillings of lawful, &c. to said (trustee) well and truly paid by said (trustee for annuitant) immediately before the execution of these presents, the receipt, &c. HE the said (trustee) at the instance and request, and by the direction and appointment of the said (grantor of annuity) and with the privity, consent, and approbation of the several persons parties hereto, of the third part, testified as to each of them by their, severally executing these presents, HATH bargained, sold, Words of con and released, and by these presents DoтH bargain, sell, and release unto the said (trustee for annuitant) his heirs and assigns for ever, in the actual possession of the said (trustee for annuitant) now being in virtue of a bargain and sale, &c. ALL, &c. Together with all and singular houses, &c.; and the reversion, &c.; and all the estate, &c.; TO HAVE AND TO HOLD the said Habendum. messuage or tenement, lands and hereditaments, and all and singular other the premises hereinbefore particularly described, and expressed to be hereby released, with their appurtenances, unto the said (trustee for annuitant) his heirs and assigns for ever, TO THE USE of the said (trustee for annuitant) his heirs and assigns. AND IT IS securing an an HEREBY AGREED AND DECLARED between and by the said parties hereto, so far as they are interested, that the said (trustee for annuitant) his
CONVEY- heirs and assigns, shall stand seised of the said messuages and other hereditaments comprised as Of Premises well in the said indentures of lease and release,
!omitted on a
these presents, UPON TRUST for better secur ing the said annuity, yearly rent charge, or annual payment, in and by the said indenture of the
granted by the said, &c. as aforesaid, and subject thereto, IN TRUST for the persons beneficially interested in the said hereditaments, according to their respective rights and interests therein. (Covenant from trustee that he had done no act to incumber.) IN WITNESS, &c.
With Liberty to re-purchase in Twelve Months.
Conveyance in Satisfaction and Discharge of a Debt, with Liberty for Relessor to re-purchase within Twelve Months. (1)
THIS INDENTURE, made, &c. BETWEEN (relessor) of the one part, and (relessee) of the other Recites debt. part. WHEREAS the said (relessor) now is and stands justly indebted to the said (relessee) upon mortgage bonds and other specialty securities, and also upon promissory notes and for monies advanced and paid on his account and at his request in se
(1) This precedent is followed by another declaring that the actual intent and agreement of the parties was, that the premises should be vested in (relessee) in order to sell the same at the end of twelve months, if debt is not paid him with interest within that period. There is also an opinion of a very eminent counsel retired from practice, on the necessity of (relessor) being a party in case of sale.