lutely, and without any let, suit, trouble, denial, eviction, claim or demand whatsoever of the said J. Fox and E. Fox, or either of them, their or either of their heirs or issue, or any other person or persons whomsoever lawfully or equitably claiming or to claim any estate, right, title or interest, by, from, through, under or in trust for them surance. or any of them, or the said [settlor] deceased: AND THAT free and Free from incumclear, and freely, clearly and absolutely acquitted, released and for brances. ever discharged, or otherwise by the said J. Fox and E. Fox, or one of them, their or one of their heirs, executors and administrators, well and effectually saved, defended, kept harmless and indemnified from and against all former and other gifts, grants, bargains, sales, mortgages, freebench and right and title of freebench, wills, debts, legacies, forfeitures, estates, titles, charges and incumbrances whatsoever, either already or hereafter to be made, done, committed, executed or knowingly suffered by the said J. Fox and E. Fox, or either of them, their or either of their heirs or issue, or any person or persons claiming or to claim under them or any of them, or the said [settlor] deceased, (the rents and services due and of right accustomed to be paid and performed in respect of the said premises always excepted:) AND MOREOVER, that they the said J. Fox and E. Fox For further asrespectively, and their respective heirs and issue, and every person having or claiming, or who shall or may at any time or times hereafter have or claim, any estate, right, title or interest at law or in equity, in, to or out of the said messuage or tenement, inclosures of land and hereditaments herein before described and expressed to be hereby granted and released, or any part thereof, by, from, through or under them or any of them, or the said [settlor] deceased, shall and will from time to time, and at all times hereafter, at the request, costs and charges of the said [purchaser], his heir or assigns, make, do and execute, or cause to be made, done and executed, all such further and other lawful and reasonable acts, deeds, surrenders and assurances whatsoever, for the better and more effectually or satisfactorily granting, releasing, surrendering and assuring the same hereditaments and premises, and every part thereof, with the appurtenances, To the use of the said [purchaser], his heirs and assigns for ever, according to the custom of the manor of Dale aforesaid, subject to the rents and services therefore due and of right accustomed to be paid and performed, as by the said [purchaser], his heirs or assigns, or his or their counsel in the law, shall be reasonably devised or advised and required. IN WITNESS, &c. (i) MEMORANDUM to be indorsed on last Deed. I A. B. of &c., gentleman, steward of the within-mentioned manor of Dale, do hereby testify that the within-written indenture has been duly entered on the court rolls of the said manor. this day of 18-. Witness my hand [The signature of A. B.] (i) This deed must be entered on the court rolls of the manor, which should be done without delay. See end of s. 53, ante, p. 373. Appointment of protector by settlors. Power to appoint new protector in case of death or relinquishment of the other protec tor. No. XIII. APPOINTMENT of Protector under the Stat. 3 & 4 Will. 4, c. 74, and Power to supply Vacancies in the Office. (In this case the settlement was to two tenants for life in succession, with remainders in strict settlement.) AND WHEREAS under the provisions of an act of parliament passed in the session held in the third and fourth years of the reign of his late majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," the said W. Evans and E. Evans would, in default of any appointment to the contrary, be respectively the protectors of the settlement intended to be hereby made: AND WHEREAS the said W. Evans and E. Evans have agreed to appoint the said A., B. and C. to be protectors of the settlement intended to be hereby made in the place and stead of the said W. Evans and E. Evans respectively, in manner hereinafter mentioned: Now THIS INDENTURE LASTLY WITNESSETH, that in pursuance and under and by virtue of the power for that purpose contained in the act of parliament lastly herein before referred to (j), they the said W. Evans and E. Evans do and each of them doth by these presents nominate and appoint the said A., B. and C. to be protectors of the settlement intended to be hereby made in lieu and in the place of the said W. Evans and E. Evans, and the survivor of them, for and during the natural lives of the said W. Evans and E. Evans, and the natural life of the survivor of them, with all such powers, authorities and discretion, as in and by the said act of parliament are given to or vested in the protector of any settlement: PROVIDED ALWAYS, and it is hereby agreed and declared, and the said W. Evans and E. Evans do hereby respectively direct and declare, that in case during the lives of the said W. Evans and E. Evans, or the life of the survivor of them, the said A., B. and C., or any or either of them, or any protector to be appointed as hereinafter is mentioned, shall die, or shall by deed relinquish his or their office of protector of the settlement intended to be hereby made, then and in such case, and as often as the same shall so happen, it shall be lawful for the surviving or other protector or protectors for the time being, or if there shall be no such protector, then for the protector who shall so relinquish his office; and if there shall be no such protector, then for the executors or administrators of the last deceased protector, by any deed or deeds duly executed and to be inrolled pursuant to the direction for that purpose contained in the said lastmentioned act of parliament, to appoint any one person or number of persons in esse, and not being an alien or aliens, to be a protector or protectors of the settlement intended to be hereby made during the lives of the said W. Evans and E. Evans, and the life of the survivor of them, in the place or stead of any one person or number of persons who shall die or relinquish his or their office of protector as aforesaid; and that when and so often as any person or persons shall be appointed protector or protectors as aforesaid, such person or persons shall be the protector of the settlement intended to be hereby made, in case there (j) See ante, s. 32, p. 355. The effect of appointing any person to be protector in the place of the tenants for life, and perpetuating the protec torship, will be, that a tenant in tail under the settlement will not be able, during the existence of the prior estates, to bar the remainders over without the consent of such protector. shall be no other protector hereby appointed or to be appointed in pursuance of this power; but if any other person or persons hereby appointed, or to be appointed as aforesaid, shall continue_protector, then joint protector with such other person or persons: PROVIDED NEVERTHELESS, that by virtue or means of any appointment to be made under the power lastly hereinbefore contained, the number of persons composing the protector of the settlement intended to be hereby made shall not at any one time exceed three. IN WITNESS, &c. (h) (k) This deed must be inrolled in Chancery within six calendar months after its execution. (See ante, s. 32, p. 355.) No. XIV. RELINQUISHMENT of the Office of Protector and Appointment of another in his Place, under the Power contained in the last Form. protector. THIS INDENTURE, made the 6th day of June, A.D. 18-, between A., Recital of settleof &c. [the protector resigning], of the first part; B., of &c., and ment appointing C., of &c. [the continuing protectors], of the second part; and D., of &c. [the new protector], of the third part: WHEREAS by indentures of lease and release, bearing date respectively the 1st and 2nd days of January, 18- (duly inrolled in her Majesty's High Court of Chancery on the 3rd day of the same month), the release being made or expressed to be made between [parties], being the settlement made previously to and in consideration of the marriage then intended to be and since duly solemnized between the said E. Evans and J. Grace, divers manors, messuages, lands and other hereditaments in the same indenture particularly mentioned and described, were duly conveyed and assured [recite the limitations shortly as far as the estate for life of E. Evans], with divers remainders over: And by the indenture now in recital the said W. Evans and E. Evans did nominate and appoint the said A., B. and C. to be protectors of the settlement intended to be thereby made, in lieu and in the place of the said W. Evans and E. Evans [see ante, p. 746]: And by the indenture now in recital it was agreed and declared [here recite the power, see ante, p. 746]: AND WHEREAS the said A. is desirous of relinquishing Desire of protechis office of protector of the said recited indenture of settlement, and tor to resign. the said B. and C., by virtue of the power in the same indenture contained (1), have agreed to appoint the said D. to be protector, in the place of the said A., of the said recited settlement jointly with the said B. and C., and the said D. has consented and agreed to accept the said office, as he doth hereby testify and acknowledge. Now THIS FIRST TESTAINDENTURE WITNESSETH, that he, the said A., hath relinquished, TUM. given up and resigned, and by these presents doth relinquish, give up Relinquishment and resign his office of protector of the said recited indenture of settle- by one protector. ment, and all powers, authorities and discretion incident to the office of such protector as aforesaid: AND THIS INDENTURE ALSO WIT- SECOND TESTANESSETH, that in pursuance and further performance of the said TUM. recited agreement, and by force and virtue and in exercise and execu- Appointment of tion of the power or authority so given and reserved to the said B. and C. by the said in part recited indenture of settlement, and of every or any other power or authority in any wise enabling them in new protector. this behalf, they, the said B. and C., do and each of them doth by this present deed or writing under their respective hands and seals nominate and appoint the said D. to be protector of the said recited indenture of settlement in the place of the said A. jointly with the said B. and C., and the survivor of them, during the lives of the said W. Evans and E. Evans, and the life of the survivor of them, with all such powers, authorities and discretion as are incident to the office of such protector as aforesaid, and to the intent that the said B., C. and D. shall and may, as protectors of the said recited settlement, have and exercise the same powers, authorities and discretion, to all intents and purposes whatsoever, as if the said D. had been originally in and by the said recited indenture of settlement appointed protector as aforesaid jointly with the said B. and C. IN WITNESS, &c. (m). (1) Or, AND WHEREAS the said A. departed this life on the day of now last past, and the said B. and C., by virtue of the power con- Parties. Recital of lease ing the entail. No. XV. CONVEYANCE by two Tenants in Common in Tail, and by another Tenant in Common in Tail, and her Husband, for the purpose of barring all Estates Tail, and effecting a Partition of the Estate (n). THIS INDENTURE, made the day of, A.D. 18-, between John Gay, of &c., esq., the only son of James Gay, late of &c., esq., deceased, by Mary his late wife, before Mary Jones, spinster, of the first part; Lucy Gay, of &c., spinster, one of the daughters of the said James Gay and Mary his wife, of the second part; James Still, of &c., Esq., and Mary his wife, late Mary Gay, spinster, the only other daughter of the said James Gay and Mary his wife, of the third part; and [trustee] of the fourth part: WHEREAS by indentures of and release creat lease and release, bearing date respectively on or about the 1st and 2nd days of May, 1838, the release being made, or expressed to be made, between the said James Gay, of the first part; the said Mary Gay, the late wife of the said James Gay, by her then name and description of Mary Jones, spinster, of the second part; A. and B. of the third part; and C. and D. of the fourth part; (being the settlement made previously to and in consideration of the marriage then intended to be and shortly afterwards duly had and solemnized between the said James Gay and Mary Jones), the messuages, farms, lands and hereditaments hereinafter described, and intended to be hereby granted and released, were duly conveyed and assured, from and after the solemnization of the said then intended marriage, to the use of the said James Gay and his assigns for his natural life, with remainder to the use of the said A. and B. and their heirs during the life of the said James Gay, upon trust to preserve the contingent remainders thereinafter limited, with remainder to the use and intent that the said Mary Jones and her assigns, in case she should survive the said James Gay, might, immediately after his decease, receive for her life, as a jointure (n) On the law of partition, see 6 Jarm. Conv. by Sweet, 586-612. life. partition. and in bar of dower, the yearly rent-charge of 500l., payable as therein mentioned, with the usual powers of distress and entry in case of nonpayment of the same, and subject thereto to the use of the said C. and D. for the term of 100 years, to commence from the day next before the day of the decease of the said James Gay, upon certain trusts therein declared, for better securing the due and punctual payment of the said rent-charge, with remainder to the use of the child, if only one, and if more than one, all the children of the said intended marriage of the said James Gay and Mary Jones, to be equally divided between them, if more than one, share and share alike, as tenants in common, and not as joint tenants, and the heirs of the body or several and respective bodies of the same child or children respectively lawfully issuing, with cross-remainders between them in tail, with divers remainders over: AND WHEREAS the said Mary Gay, the wife of the Death of jointress said James Gay, died in his lifetime, and the said James Gay departed and tenant for this life on or about the 4th day of March, 1860, leaving the said John Gay, Lucy Gay and Mary Still the only children of the marriage of the said James Gay and Mary his wife: AND WHEREAS the said Agreement to bar John Gay, Lucy Gay and J. Still and Mary his wife are desirous of entail and make and have agreed to join in barring all estates tail and remainders and reversions thereupon expectant or depending of and in the messuages, farms, lands and hereditaments mentioned and comprised in the said hereinbefore in part recited indentures of lease and release, and thereby granted and released, or expressed and intended so to be, and have also agreed to make a partition and division of the same hereditaments, to which they the said John Gay, Lucy Gay and J. Still and Mary his wife, in right of the said Mary, under and by virtue of the limitations contained in the same indenture of release, have become entitled as tenants in common in tail; and in order to effect such purposes and agreements, they have agreed to convey and assure the same hereditaments and premises unto the said [trustee] and his heirs, To the uses, upon the trusts, and for the ends, intents and purposes hereinafter expressed and declared of and concerning the same: AND WHEREAS the Agreement as to messuage and several hereditaments and premises comprised in the first division of the schedule hereunder written, being part of the hereditaments so agreed to be divided, have been allotted and appropriated unto the said John Gay, as the part, share and proportion to be taken by him in severalty of the said hereditaments so agreed to be parted and divided as aforesaid: AND the several hereditaments mentioned and comprised in the second schedule hereunder written, other part of the hereditaments so agreed to be divided as aforesaid, have been allotted and appropriated unto the said Lucy Gay, as the part, share and proportion to be taken by her in severalty of the said hereditaments so agreed to be parted and divided as aforesaid: AND the several hereditaments mentioned and comprised in the third schedule hereunder written, residue of the hereditaments so agreed to be divided, have been allotted and appropriated unto the said John Still and Mary his wife, in right of the said Mary, as the part, share and proportion to be taken by the said J. Still and Mary his wife, in right of the said Mary, in severalty, of the said hereditaments so agreed to be parted and divided as aforesaid: Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and for carrying the same into effect, and to the intent and purpose to defeat and extinguish the estates tail of the said John Gay, Lucy Gay and Mary Still, of and in the messuages, farms, lands and other hereditaments hereinafter mentioned, and intended to be hereby granted and released, and all remainders, reversions, estates, rights, powers and interests to take effect after the determination, or in defeasance of such estates tail, or any of them, and for conveying and estates. FIRST TESTA TUM. the tenants in common to a trustee. Conveyance by |