veral sums of money amounting together to CONVEY- re-purchase in Twelve Months. That relessor as the said (relessor) doth hereby acknowledge. AND WHEREAS the said (relessor) is seised or other- With Liberty to wise well entitled in fee-simple in possession of or to the messuage and hereditaments first hereinafter described and intended to be hereby releas- is entitled to ed; and he is also seised or well entitled to the question, freehold closes of land and hereditaments hereinafter secondly described and intended so to be hereby released. property in AND WHEREAS the said (reles- and has agreed sor) hath agreed to release and convey the said to convey. messuage, closes of land and hereditaments unto the said (relessee) in discharge or satisfaction of the said sum of so due to him as aforesaid, but with liberty for the said (relessor) or his heirs to re-purchase the same premises for the said sum of at any time within twelve calendar months from the date hereof, but not after such period. Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration that the said (relessee) Consideration. hath delivered up all the securities for the said sum of or any part thereof unto him the said (relessor) to be cancelled (as he doth hereby acknowledge) and that the said (relessee) hath acquitted, released and discharged, (as he doth hereby acquit, release and discharge) the said (relessor) his heirs, executors and administrators, of and from the said sum of so due and owing to the said (relessee) as aforesaid, and also in consideration of the sum of 10s. of, &c, the said (relessee) now paid to the said (relessor), the receipt whereof is hereby acknowledged; HE the Words of consaid (relessor) HATH granted, bargained, sold, aliened, released and confirmed, and by these veyance. CONVEY- general words. presents DoтH grant, bargain, sell, alien, release and confirm unto the said (relessee) (in his actual With Liberty to possession now being by virtue of a bargain and sale Twelve Months. to him thereof made by the said (relessor) in consideration of 5s.) 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) Parcels, with and his heirs ALL, &c. [Here introduce the parcels.] Together with all and singular houses, outhouses, edifices, buildings, yards, ways, paths, passages, waters, watercourses, profits, privileges, and advantages whatsoever to the said messuage, closes of land, and other hereditaments hereby released or intended so to be, or any part thereof respectively, belonging or in anywise appertaining, or to or with the same or any part thereof respectively, now or at any time heretofore demised, used, occupied or enjoyed; AND the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits of all and singular the aforesaid premises; AND all the estate right, title, interest, use, trust, property, benefit, claim, and demand whatsoever of the said (relessor) in, to, and upon the same premises, To HAVE AND TO HOLD the said messuage and such other of the hereditaments hereinbefore released or intended so to be as are hereinbefore expressed to be of the nature of fee-simple and every part thereof unto the said (relessee) To relessee in his heirs and assigns, To THE ONLY USE AND BEHOOF of the said (relessee) his heirs and assigns for ever, and subject to the proviso for re-pur To hold the freehold. fee subject to proviso and leaseholds. chase hereinbefore mentioned, AND TO HAVE AND TO HOLD the said closes of land and premises CONVEY. ANCE. herein before mentioned to be comprised in the With Liberty to said indenture of lease of the day of re-purchase in Twelve Months. for lives of vives. and thereby also released or intended so to be, and every part thereof, unto and TO THE ONLY USE cestui que AND BEHOOF of the said (relessee) his heirs and assigns, for and during the natural lives of the said (three persons) the lives and life of the survivors and survivor of them, under and subject nevertheless to the payment, performance, and observance of the rent, covenants, provisos and agreements in the said indenture of lease reserved and contained, and on the lessee's or tenant's part henceforth to be paid, observed and performed, but also subject to the proviso for repurchase hereinafter contained, (that is to say) PROVIDED ALWAYS, and it is hereby agreed and Special proviso. declared between and by the parties hereto, that in case the said (relessor) or his heirs shall at or any time before the expiration of twelve calendar months, to be computed from the day of the date of these presents, be desirous to re-purchase the said messuage, closes of land and hereditaments herein before mentioned to be hereby released respectively, and of such his or their desire shall give or cause to be given unto the said (relessee) his executors, administrators or assigns, days previous notice in writing, and shall at the end of such days pay or cause to be paid unto the said (relessee) his executors, administrators or assigns the sum of of lawful money of the said united kingdom, current in England, without any deduction or abatement whatsoever; Then, and in such case or any time thereafter, ANCE. 're-purchase in sum of CONVEY. the said (relessee) shall and will at the request, costs and charges of the said (relessor) or his With Liberty to heirs, reconvey to him or them, or as he or they Twelve Months. shall order and direct the said messuages, closes of lands and hereditaments hereby released respectively, or intended so to be and every part thereof, according to their respective natures or legal qualities, free from all incumbrances, to be made, done, committed or suffered by the said (relessee) his heirs or assigns in the mean time. But if the said (relessor) or his heirs shall not, within the said period of twelve calendar months give such notice as aforesaid of his or their desire to re-purchase the said premises, or having given it shall make default in payment of the aforesaid or any part thereof contrary to such notice, then and in such case, and from thenceforth the estate right, title, and interest of the said (relessee) his heirs and assigns, of, in, and to the said messuage, closes of land and here. ditaments hereby released or intended so to be, shall be absolute and indefeasible as well in equity as in law; and the said (relessor) and his heirs shall be for ever debarred of and from all right and benefit of re-purchase or relief in equity. AND the said (relessor) for himself, his heirs, executors and administrators doth grant, covenant, promise, and agree to and with the said (relessee) his heirs and assigns by these presents in manner following, that is to say, that for and notwithstanding any act, deed, matter or thing whatsoever by him the said (relessor) (his late father) or any person or persons lawfully claiming by, from, under, or in trust for them or either of them, made, done, committed, executed, or Covenant for right to convey. ANCE. re-pur hase in enjoyment. suffered to the contrary; he the said (relessor) CONVEYnow bath in himself good right, full power, and lawful and absolute authority to grant, release and With Liberty to convey the said pieces or parcels of land, and other Twelve Months, leasehold premises hereby released, and every part thereof, unto and to the use of him the said (relessee) his heirs and assigns, during such lives and life, and so subject as hereinbefore are mentioned; and also subject as to both the said feesimple and the leasehold premises to the proviso for re-purchase thereof hereinbefore contained, according to the true intent of these presents. AND that it shall and may be lawful to and for For peaceable the said (relessee) his heirs and assigns, from time to time and at all times hereafter, peaceably and quietly to enter upon, have, hold, occupy, possess, and enjoy the said messuages, closes of land, and other hereditaments hereby released respectively, or intended so to be, with their appurtenances, according to the respective natures or legal qualities thereof, and to receive and take the rents, issues, and profits thereof, and every part thereof, to and for his and their own use and benefit, without any lawful let, suit, trouble, eviction, claim and demand whatsoever, for or by the said (relessor) or any person or persons lawfully claiming or to claim by, from or under, or in trust for him or the said (his late father). AND that free and clear, and freely and Free from inclearly acquitted, exonerated, and for ever discharged or otherwise by the said (relessor) his heirs, executors or administrators well and suffi ciently saved, defended, kept harmless ad indemnified, of, from, and against all former and cumbrances. |