(297.) Bond for Covenants, instead of Deed of Covenant. 1. Obligation. 2 to 5. Recitals of Contract, &c. 8. Quiet enjoyment. 9. Free from incumbrances. 10. Further assurance. II. Termination. 12. Stamps. 1. Know all men that I [vendor] of, &c., am held and firmly bound to [purchaser] of, &c., in the penal sum of £ [double purchase money,] of lawful money of Great Britain, to be paid to the said [purchaser] or his certain attorney, executors, administrators or assigns, for which payment to be well and truly made, I bind myself, my heirs, executors and administrators, and every of them, for ever firmly by these presents, sealed with my seal. Dated this day of in the year of the reign of our Sovereign Lady Queen Victoria, and in the year of our Lord 183. 2. Whereas the above bounded [vendor] has with [Mary] his wife on, &c. [See No. 2, last form.] 3. As No 3, last form. 4. To the use of the above named [purchaser], his heirs and assigns. 5. And whereas previous to the passing the said surrender, it was agreed that the above bounden [vendor] should enter into the bond or obligation above written, with the condition hereinafter contained. 6. Now the condition of the above written obligation is such, that if notwithstanding any act, &c., by the said [vendor] and his wife, or either of them, at any time, &c. they the his wife, at the time, &c., were, &c. said [vendor] and [296, cl. 7.] 7. And also for and notwithstanding, &c., they the said [vendor] and his wife, then had, &c. [296, cl. 8.] 8. And if the said [purchaser], his heirs and assigns, from time to time, &c., do and shall peaceably, &c., without any lawful, &c., by the said [vendor] and his wife or either of them, their, or either of their heirs, &c. [296, cl. 9.] 9. And that free, &c., suffered by the said [vendor] and his wife, or either of them, &c., in trust for him, her, them, or by or through his, her, or their acts, &c. [296, cl. 10.] 10. And further, if he the said [vendor] and his wife, and his [or her] heirs, and all, &c., in trust for him, her, them, [296, cl. 11.] &c. 11. Then the above written obligation to be void, or else to be and remain in full force and virtue. 12. 35s. stamp. (298.) Release of Right, under the Direction of a Court of Equity, from Infant Heir, equitably interested. To all to whom these presents shall come: J. C. of, &c., now an infant of the age of eighteen years or thereabouts, youngest son and customary heir of E., formerly the wife of W. C., late of, &c., deceased, sendeth greeting: Whereas J. L., formerly of, &c., deceased, in and by his last will and testament bearing date, &c., gave and devised unto A. B. and C. D., and to the survivor of them, and the heirs of such survivor, all his messuages, &c., upon certain trusts therein expressed, and ultimately for the benefit of the children of the said J. L., of whom there were five, (viz.) Priscilla, then the wife of R. B., and now Priscilla the wife of T. S., the said E. C. and Maria L., Sarah L., and Penelope L.: And whereas in or about the year 1813, certain parts of the estates comprised in the said devise, were, with the concurrence of all the parties interested, sold to J. P., then of, &c., since deceased; and on such sale thereof, the freehold parts of the said estates were duly conveyed, and the copyhold parts thereof were covenanted to be surrendered, to the said J. P. on the various manors by the parties respectively then standing admitted and entitled thereto: And whereas the said C.D., the surviving trustee, at the time of such sale stood admitted tenant to the parts of the said estate hereinafter described and mentioned to be released, and holden of the manor of, &c.; and in pursuance of the said covenant, the said copyhold hereditaments were surrendered, or intended to be surrendered to the use of the said J. P. and his heirs by the said C. D., and the said J. P. was admitted tenant thereto : And whereas on the death of the said J. P., which happened on or about, &c., his youngest son and customary heir, J. R. P., was admitted tenant to the said copyhold hereditaments: And whereas the said J. R. P. on or about, &c., departed this life, having by his last will and testament, bearing date on, &c., devised his real estate, including the said copyhold hereditaments to [trustee] upon certain trusts in the said will mentioned; and the said [trustee] hath been lately admitted tenant to the said copyhold hereditaments: And whereas by a decree of the High Court of Chancery, made in a cause wheroin W. B. on behalf of himself, and all other the creditors of the said J. R. P., but since deceased, was plaintiff, and M. P. and others are defendants, it was ordered that the real estate of the said J. R. P., including the said copyhold hereditaments, should be sold, and that all proper parties should join in conveying and assuring the same to the purchaser: And whereas the said after-described hereditaments, together with certain other hereditaments of the said J. R. P., have been accordingly sold pursuant to the said decree: And whereas the said E. C. departed this life on or about, &c., and the said J. C., party hereto, is the youngest son and heir according to the custom of the several manors hereinafter mentioned, of the said E. C. : And whereas the [purchaser] hath required, in order to perfect the equitable title to one-fifth part of the hereditaments hereinafter described, that the same should be released and dis.. charged from all estate claim or demand of the customary heir of the said E. C.: And whereas by an order of the High Court of Chancery, bearing date, &c., and made in the said cause, B. v. P. and others, it was ordered that it should be referred to W. B., Esquire, one of the Masters of the said Court, to examine and certify whether the said J. C. was an infant trustee within the meaning of the act of parliament of the first year of the reign of his late Majesty King William the Fourth, entitled "An Act for amending the Laws respecting Conveyances and Transfers of Estates and Funds vested in Trustees and Mortgagees, and for enabling Courts of Equity to give effect to their decrees and orders in certain cases, and for whom :" And whereas the said Master by his report in the said matter, bearing date, &c., certified that the said J. C. was a trustee within the intent and meaning of the said act of parliament, and that he was such trustee for W. H., trustee under the will of the said J. R. P., and for the several persons interested in the said copyhold estates: And whereas by another order of the said Court of Chancery, made in the said cause and bearing date, &c., it was ordered that the said master's report should be confirmed, and that the said J. C. the infant, should make and execute to W. H., or to such person as he should direct, a proper release, surrender and conveyance of the said copyhold hereditaments and premises, so far as regards the one-fifth share to which the said E. C. was entitled as hereinbefore mentioned. NOW KNOW YE, that in pursuance of and in obedience to the said lastly hereinbetore recited order, he the said J. C in consideration of 10s. of lawful money of Great Britain, to him in hand paid by the said [trustee] at or before the execution hereof, (the receipt whereof is hereby acknowledged,) hath remised, released, and for ever quitted claim, and by these presents doth remise, release, and for ever quit claim unto the said [trustee] and his heirs, according to the customs of the respective manors whereof the saine are holden, All the estate, right, title, interest, trust, power, property, benefit, claim and demand whatsoever (if any) of him the said J. C., as customary heir as aforesaid, of and in all that, &c., which premises are holden by copy of court roll of the manor of G. B. in the county of S. And also of and in, &c., which premises are holden by copy of court roll of the manor of G. H. in the county of S.; and also of and in, &c., which said last described premises are holden by copy of court roll of the manor of K. in the county of S., and are the same premises as are mentioned or referred to in and by the said master's report hereinbefore recited : To the only and absolute use and behoof of the said [trustee], his heirs and assigns for ever, according to the custom of the said several manors respectively, freed and absolutely discharged of and from all the estate, right, title, claim and demand whatsoever, both at law and in equity, of him the said J. C., of, in, to, or out of the said several and respective hereditaments and premises, and every part and parcel thereof respectively, with the appurtenances, so that neither he the said J. C., nor his beirs may have, claim, challenge or demand therein or thereto, any estate, right, title or interest whatsoever; but shall for ever hereafter be therefrom by this release precluded and barred. In witness, &c. (299.) Surrender and Release of Equitable Right of Married Woman, under Direction of Court of Chancery. the day of Manor of A. D. 18 Whereas John Leach, formerly of, &c. [recite as in release from John C. to sale under decree.] And whereas, R. B. the husband of the said Priscella B., died some years since, and the said E. B. subsequently intermarried with and is now the wife of Thos. Searle, of &c. And whereas the said [purchaser] having required, that in order to perfect the equitable title to one-fifth part of the hereditaments hereinafter described, the same should be surrendered and released by the said P. Searle and the said Thos. Searle, her husband. Now be it remembered, that on the day and year above written, the said Thos. S. and P. his wife, came before me, G. B., gent., deputy steward for that purpose of A. B., gent., chief steward of the said manor, and (she the said P. having been by me the said deputy steward first examined, separate and apart from her said husband, touching and concerning her free and voluntary consent to the making and passing the surrender hereinafter contained, &c. (A)) did out of court, in pursuance of the said order, and in consideration of 10s. to them or one of them in hand paid by the said [tenant], the receipt whereof they do hereby acknowledge, Surrender, &c. (A. 5); and also remise, release, and for ever quit claim unto the said [tenant,] tenant by virtue of the aforesaid admission, and to his heirs and assigns, All the estate, right, title, interest, trust, power, property, benefit, claim, and demand whatsoever (if any) both at law and in equity, of them the said Thos. S. and P. his wife, or either of them, of, in, to, or out of All, &c. and the reversion, &c. To the only and absolute use and behoof of the said [tenant], his heirs and assigns for ever, according to the custom of the said manor, freed and absolutely discharged from all estate, right, title, claim and demand whatsoever, both at law and in equity, of them the said T. S. and P. his wife, of, in, to, or out of the said hereditaments and premises, with the appurtenances, so that neither the said T. S. and P. his wife, or either of them, or his or her heirs, may have, claim, challenge, or demand therein or thereto, any estate, right, title, or interest whatsoever, but shall for ever hereafter be therefrom by this surrender and release precluded and barred. Taken (together with the private examina- The said Deputy Steward. Stamp, 35s. To be presented and entered at next Court. (300.) Release of Husband's Courtesy.-(Dower will be similar.) To all to whom, &c. Whereas, [recite admission of wife,—her death, seised,—admission of younger son as customary heir, and agreement to recourtesy.] Now these presents witness, that in pursuance of the said consent and agreement, and in consideration of the natural love and affection which the said J. B. hath and beareth towards the said B. B. his son, and also in consideration of 10s. to him at the execution hereof paid by the said B. B., the receipt whereof is hereby acknowledged, He the said J. B. hath remised, released, and for ever quitted claim, and by these presents, doth remise, &c. unto the said B. B., his heirs and assigns, All the customary [courtesy, husband's estate,] claim, right, title, interest, and demand whatsoever, of him the said J. B. of, in, to, or out of All those, &c. And the reversion, &c. To the use and behoof of the said B. B., his heirs and assigns for ever absolutely, according to the custom of the said manor of ; to the end and intent that the said B. B. his heirs and assigns may henceforth have, hold, possess and enjoy all and singular the hereditaments and premises hereinbefore described, freed and discharged from the customary, [courtesy] and all other estate, right, title, interest, claim, or demand, of him the said J. B., of, in, to, or out of the said hereditaments and premises, or any part thereof; and of and from all actions, suits, claims, and demands in respect thereof, or in anywise in relation thereto. In. witness, &c. 35s. Stamp. |