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TION.

CONFIRMA- payment thereof; and doth hereby for himself,

his heirs, executors, administrators, and assigns, Os Annuity and grant, covenant, and agree to and with the said for securing it. (grantee) his executors, administrators, and as

signs, that from time to time hereafter, when and as often as it shall happen that the said annuity or yearly sum of within granted and hereby confirmed, shall be in arrear and unpaid in the whole, or in any part, by the space of fourteen days next over or after any one of the days or

times whereon the same is within appointed to be Jieshe power of paid, then and so often and from time to time as

aforesaid, it shall and may be lawful to and for
the said (grantee) his executors, administrators,
and assigns, into and upon the said several mes-
suages, tenements, or dwelling-houses and premises
within and hereby charged and made chargeable
with the said annuity or yearly sum of
or into and upon any part thereof, to enter and
distrain for the same annuity or yearly sum, and
all the arrears thereof; and the distress and dis-
tresses then and there found, to detain, manage,
sell, and dispose of in the same manner in all re-
spects as distresses for rent reserved on leases for
years, may or ought to be detained, managed, sold,
and disposed of, and as if the said annuity or
yearly sum of was a reserved rent upon a
lease for years, TO THE INTENT that the said
(grantee) his executors, administrators, and as-
signs, shall and may thereby, therewith, or other-
wise be fully satisfied and paid the said annuity
or yearly sum of within granted and hereby
confirmed, and all arrears thereof, and all costs,
charges, and expences to be occasioned by the
non-payment thereof, at the days or times within

TION.

appointed for payment of the same. AND the CONFIRMAsaid (grantor) doth hereby also grant unto the said (grantee) his executors, administrators, and of Annuity and assigns, that from time to time and at all times for securing it. hereafter, when and as often as it shall happen that the said annuity or yearly sum of within granted and hereby confirmed, or any part thereof shall be in arrear and unpaid by the space of twenty-one days next over or after any of the said days whereon the same is within appointed to be paid, then and from time to time also of entry. as often as it shall so happen, and either upon or at any time after the expiration of the said twentyone days it shall and may be lawful to and for the said (grantee) his executors, administrators, and assigns, (although no formal or legal demand shall have been made of the said annuity or yearly sum of

) into and upon the said several messuages or tenements, dwelling-houses and premises within mentioned, or into and upon any part thereof in the name of the whole of the same, to enter; and the same messuages, tenements, or dwelling-houses and premises, to have, hold, and enjoy, and the rents and profits thereof, and of every part thereof, to receive and take to and for his and their own use and benefit, until he or they shall thereby or therewith or otherwise be fully paid and satisfied the said annuity or yearly Sum of and all the arrears thereof, and also so much of the same annuity or yearly sum of

as shall from time to time incur and grow due during such time as the said (grantee) his executors, administrators, or assigns shall contique in possession of the premises, after any such entry as aforesaid; and also all such losses, costs,

TION.

CONFIRMA- charges, damages, and expences as shall be sus

tained by the non-payment of the said annuity or yearly sum, or any part thereof, at the days and times aforesaid. IN WITNESS, &c. (1)

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No. XVIII.
Confirmation of Sale and Conveyance of Premises,

directed by a Testator to be sold for the Bene-
fit of his Widow and five Children; and Release
of Claims by a Person entitled to several Shares,
and in several Capacities, and two other Persons
entitled to Shares in their own Rights, in the
Purchase Money.

This INDENTURE, of four parts, made, &c. BETWEEN (the person entitled in several capacities

Parties.

(1) N. B. As the case originally stood, if a distress had been taken, and an action of replevin brought, it would have been incumbent on the grantee to have deduced a regular title, (i. e. a LEGAL title) from the freeholder dowu to himself, and as he could not do that, it was perfectly clear that as between him and the tenants, (who happened to be strangers) the grantee not being able to deduce a regular title to the legal estate, be would necessarily have failed, and consequently could not avail bimself of the clause of distress contained in the deed of grant. Vide Gilb. Distress, 139. Though as between the grautor and grantee, the deed would have been an estoppel. That in order to give the grantee a complete indefeasible power of distress and entry, it was necessary by fresh conveyances to vest the legal estate in the grantor, and then for him to create a charge with a power of distress and entry, &c. In respect to

of entry, it should seem that, if the case of Jemmet v. Cooley, Sir Thomas Raymond's Reports, 158, he good law, the grantee, in case the annuity be in arrear, will be entitled to reduce his interest into possession by ejectment. See also Saunders, 112, and Bacon's Abr. title Annuity, C. 119. 1 Term Rep. 378.

the power

JION.

testator within

fauts.

day of

the children's

shares to her y eldest br ther,

band vi her

and Maria bis wife, of the first part; (her brother CONFIRMAHenry, who had lately come of age), of the second part; (her sister, who had also lately come of age), Of Sale and

Conveyince. of the third part, and the within named (purchaser) of the fourth part. Whereas the within named Recites that the (the testator) left, at the time of his decease, five nume! left tive

ch Idren, two of children, by the within named Lucinda his wife whom were in(to wit), John, party to the within written indenture, Maria (the wife of the suid first party), Henrietta (the wife of the said Henry), and Louisa, which said Henry and Louisa were then infants. AND WHEREAS, by a certain indenture of assign- Recites assign

ment of one of ment, bearing date on or about the

in the year of our Lord and made between the said Henrietta and her ard the hushusband) of the one part, and (the eldest son) sister Maria. party to the said within written indenture, and (the said first mentioned party) of the other part, in consideration of the sum of to the said (husband of Henrietta), with the consent of the said Henrietta his wife (testified as therein mentioned), paid by the said (elilest son, and the husband of Maria), in the manner therein mentioned, and of 5s. to the said Henrietta paid by the said (eldest son, and the husband of Maria), they the said (Henrietta and her husband) did, and each of them did grant, bargain, sell, assign, and transfer to the said (ellest son, and the husbund of Maria), all the share and interest of or accruing to the said (Henrietta and her husbands, or either of them, after and sulizert to the life estate of (the widow of the said iestutor) therein, of and in all and singular the purcliaslmoney and produce accruing from the sale of the said within mentioned hereditaments, and the stocks, funds, and securities, wherein the same

TION.

Of Sale and

executor.

day of

CONFORMA- should be placed out and invested, and all their

estate right, title, interest, claim, and demand

whatsoever: TO HOLD the same share to those Conveyance.

the said (eldest son, and the husband of Maria), in equal shares, as tenants in conmon, from thence

forth, for their respective proper use and benefit. The death of the eldest son,

AND WHEREAS the said (eldest son), party to the appointing the said last recited indenture of assignment, is since husband of his sister Maria his dead, baving first made his last will and testament, bearing date the

, in the year of our Lord

whereby (inter alia) he gave and bequeathed all his personal estate and effects, of what nature or kind soever, unto (the brother of Maria), to be by him sold and disposed of, and converted into money, and applied as therein directed, and of his said will appointed the said (brother) soie executor, who duly proved

the same in the prerogative court of Canterbury, Recites that the on or about, &c. And whereas the said (testainfants bad come of age,

tor's infant children, naming them) have now seveand also the rally attained the age of twenty-one years, and the parties. said (husband of Maria), being, as the executor

of (the eldest son, deceased), entitled to one fifth part, and one moiety of a fifth part of the within mentioned purchase-money, subject to the life interest therein of (the testator's widow), and also being in his own right as purchaser under the said recited assignment, and also in right of the said Maria his wife, entitled to one other fifth part, and one other moiety of a fifth part of the same purchase-money, and the said (two adults) being each entitled to his and her own right to one other fifth part each of the same purchase-money, making altogether five fifths, or the entirety of the same purchase-money, have respectively agreed to ratify and confirm the sale of the within men

rights of the

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