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them) his heirs and assigns as aforesaid, to which CONVEY. request the said (other trustee) hath consented and agreed. Now this INDENTURE WITNESS ETH, omilled on a that in pursuance of the said agreement, and for former 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, latu bargained, sold, Words of con• and released, and by these presents Doru 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) bis heirs and assigns for ever, TO THE USE of the said (trustee for annuitant) bis heirs and assigns. And it is securing an anHEREBY AGREED AND DECLARED between and by nuity, &c. the said parties bereto, so far as they are interested, that the said (trustee for annuitant) bis
omilted on a
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, former occasion. of the and
as in 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, ÎN 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.
Conveyance in Satisfaction and Discharge of a With Liberly to
Debt, with Liberty for Relessor to re-pur. chase within Twelve Months. (1)
teinurchase in Twelve Months.
This INDENTURE, made, &c. BETWEEN (re
lessor) 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 ad ranced 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.
veral sums of money amounting together to 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 Twelve Months. 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. 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 bis 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) bis 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 thc Words of con: said (relessor) Hath granted, bargained, sold, aliened, released and confirmed, and by these
CONVEY presents Doth grant, bargain, sell, alien, release
and confirm unto the said (relessee) (in his actual re-purchase in possession now being by virtue of a bargain and sale Twelve Moniks. to him thereof made by the said (relessor) in consi
deration 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 bis heirs All, &c. [Here introduce the general words.
parcels.] Together with all and singular houses, outhouses, edifices, buildings, yards, ways, paths, passages, waters, watercourses, profits, privileges, and advantages whatsoever to the said mes. suage, closes of land, and other hereditaments bereby 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 beretofore 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 mesfrcehold.
suage 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 fee subject to
BEH00F of the said (relessee) his heirs and assigns for ever, and subject to the proviso for re-pur
To hold the
provisu and leaseholds.
for lives of
chase hereinbefore mentioned, AND TO HAVE AND TO HOLD the said closes of land and premises hereinbefore mentioned to be comprised in the With Liberty 10
re-purchase in said indenture of lease of the
Twelve Months. 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 benceforth 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 hereinbefore 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) bis 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,