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trustee in fee.
inbefore recited indentures of, &c. or by any other assurance, ways, or means been granted, released, or assured by the said (mortgagor) to or to the use of the said (second mortgagee) his heirs and assigns, for the securing to the said his executors, administrators, and
assigns, the due payment of the said sum of and interest, or any other sum of money, with their and every of their rights, members, and appurtenances, and the reversion, &c. and all the Habendum to estate, &c. To HAVE AND TO HOLD the said manors, &c. hereinbefore mentioned to be hereby granted and released by the said (mortgagees) and (mortgagor) or any of them, to the said (trustee) unto the said (trustee) his heirs and assigns, To THE USE AND BEHOOF of the said (trustee) his heirs and assigns for ever, in trust nevertheless for the said (purchaser) his heirs, executors, administraSubject to sub- tors, and assigns, subject to such equity of redemption for the benefit of the said (mortgagor) his heirs and assigns, on his or their re-payment to the said (purchaser)his executors, administrators, or assigns, of the two said several principal sums of
Usual cove nants.
with the interest from thenceforth to grow due for the same, as is now subsisting of or concerning the said premises, or as the premises are now liable unto. COVENANTS from (first mortgagee) with the trustee, that the full sum of remained due on such of the said several recited securities as had thereinbefore been mentioned to have been made to, or to the uses, or in trust as aforesaid, and to the several other persons under whom his lordship claimed as aforesaid, and was then justly due and owing to him upon the aforesaid securities; And further, that
the same or any part thereof had not been received, released, discharged, or assigned or incumbered; And also that his lordship had good Mortgages in right, &c. to assign and transfer the same, and every part thereof unto the said (trustee) his executors, administrators, and assigns, in trust for the said his executors, administra
tors, and assigns, in manner thereinbefore mentioned; And furthermore, that (first mortgagee) had done no act to incumber the estates. [Add similar Covenants from second mortgagee as to his claim.]
Minutes of a Conveyance by Tenant in Tail of an alternate Presentation to a Living.
BY A WRIT OF PARTITION, (which see in Clift's Entries, 552.) the sheriff delivered, allotted, and assigned, presentationem idonæ personæ ad ecclesiam praedictam modo sequenti, viz. in secunda vice et turno, cum ecclesia predicta in proxima secunda vice et turno vacare contigerit. Et post eandem secundam presentationem tunc qualibet altera vice et turno ecclesia predictæ vacantis imperpetuum præfat. Martino et Dorothee in brevi predicto nominatis tenend. eis et heredibus ipsius Dorothee in separalitate.
Also he delivered, allotted, and assigned, presentationem secundam personæ ad ecclesiam predictam modo sequenti, viz. in prima vice et turno cum ecclesia predicta proxime vacare contigerit. Et post eandem primam presentationem tunc qualibet altera vice et turno ecclesiae predicte vacantis imperpetuum præfatis Carolo et Clementie in predicto brevi nominatis tenend. eis et heredibus ipsius Clementie in separalitate." Then follows the third division.
A recovery was afterwards to be suffered by a tenant in tail of the alternate presentation assigned to Clementia, as one of her heirs who had sold the same. A very eminent conveyancer, lately deceased, advised that the tenant in tail should
suffer a recovery of the whole advowson, by writ RECOVERY, of right of advowson, which writ he learned from the Cursitor's Office, was frequently used Conveyance bu for suffering recoveries of advowsons (1).
The use of the recovery was declared to the tenant in tail in fee.
A day or two afterwards, the tenant in tail conveyed by way of bargain and sale inrolled to the purchaser and his heirs; "The presentation "of a fit person to the rectory and parish church " of in the county of in the "manner following, (that is to say) Upon the first turn when the said church shall next happen to become vacant, and after such first pre"sentation then upon every alternate turn of the "said church when it shall happen to become "vacant for ever. And all privileges, rights, "and appurtenances whatsoever to such presen"tation belonging, or in any wise appertaining; " and the reversion and reversions, remainder " and remainders of and in the same presenta"tion, and all the estate right, title, interest, "cluim, and demand whatsoever of him the said "tenant in tail, of, in, to, or out of the perpetual "donation, free disposition, right of patronage "and presentation in and to the said rectory and "" parish church."
(1) Another way is to do it by writ of entry, sur disseisin en le post, of an acre of land and the advowson (the acre being fictitious.)
Tenant in Tail of an alternate Presentation la
By a Purchaser
under an Execution upon special Trusts.
tlement on the marriage.
Conveyance by a Purchaser under an Execution of Estates to the Use of himself and two others upon special Trusts, for the Benefit of the Judgment Creditors of the Debtor, and other Claimants on Debtor and his Estates, providing an Allowance to the Debtor. (1
THIS INDENTURE, made, &c. BETWEEN (relessor or purchaser) of the one part; and (relesReciting a set- sees) of the other part. WHEREAS, by indenture of lease and release, bearing date respectively on or about the which was in the year of our Lord the release being quadrupartite, and made between (settler) of the first part; (his intended wife) of the second part; (certain trustees) of the third part; and (certain other trustees) of the fourth part, purporting to be a settlement made previous to the marriage then intended, and which was afterwards had and solemnized by and between the said (parties of the first and second part) HE the said (settler) did for the considerations thereiu mentioned, grant, bargain, sell, alien, release, and confirm unto the said (therein first mentioned trustees) and to their heirs, all those his the said (settler's) two several plantations and sugar works in the island of ; the one of
(1) The debtor was not made a party to this arrangement, he being absent, and having become lunatic since the making of the incumbrances, through which the estates were purchased.