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the proviso and covenant hereinbefore contained, MORTGAGE. for payment of the same, and the true intent and meaning of these presents, without any lett, suit, trouble, interruption or disturbance whatsoever, of, from, or by the said (mortgagee) his executors, administrators, and assigns, or any other person or persons whomsoever, lawfully claiming or to claim by, from, or under him, them, or any of them; and without any account to be made or given, of or concerning the same, to the said (mortgagee) his executors, administrators, or assigns. IN WITNESS, &c.
Upon Trust to
LEASE AND RELEASE.
Recites a mortgage by demise.
A very special and useful Precedent of Conveyance from Co-Heiresses and their Husbands by Lease and Release and Fine.
THIS INDENTURE made, &c. BETWEEN John Doe, and Hannah his wife, Richard Roe, and Ann his wife, and William Denn and Mary his wife, (which said Hannah Doe, Ann Roe, and Mary Denn, are the three only daughters and coheiresses of John Fenn, late of, &c. deceased intestate; and also the only daughters and coheiresses of Hannah the wife of the said John Fenn, who survived her said husband, and which said Hannah Fenn was one of the two sisters and coheiresses at law of Ellen Goodright, late of, &c. deceased intestate) and (three trustees) of the other part. WHEREAS, by a certain indenture bearing date on or about the day of and made or expressed to be made between the said (John Fenn and Hannah his wife) of the one part, and (a mortgagee) of the other part; and by a certain other indenture of three parts bearing even date with the said last mentioned indenture, and made or expressed to be made between the said (John Fenn and Hannah his wife) of the first part; ( and his wife) of the second part; and the said (mortgagee) of the third part; and by force and virtue of a certain fine sur conusance de droit come ceo, &c. levied in pursuance of certain covenants contained in the said_several
indentures for that messuage or RELEASE. tenement, closes, pightles, or pieces of arable
land, meadow and pasture ground hereinafter Upon Trust to described, and mentioned to be situate at
in the county of
were limited, conveyed, assured, and confirmed to the use of the said (mortgagee) his executors, administrators, and assigns, for the term of years, by way of mortgage for securing the payment of the sum of and interest after the rate of per centum per annum, at such time and in such manner as in the said first mentioned indenture is expressed. And from and after the determination of the said term and subject thereto, to the use of the said (John Fenn) his heirs and assigns for ever. AND WHERE- The death of As the said (John Fenn) some time since departed intestate. this life intestate, leaving the said (Hannah Doe, Ann Roe, and Mary Denn) his three only children him surviving, who thereupon became entitled to the said messuage or tenement, lands and hereditaments at aforesaid, as tenants
in coparcenary, subject to the said mortgage.
AND WHEREAS the said term of
years, and And that the
term has be
the principal and interest monies thereby secured, come vested in
hath now become vested in
the representatives of mort.
said gagee also de
WHEREAS (William Stiles) father of (Hannah Fenn) and likewise of the aforesaid The will of the (Ellen Goodright) and of (Ann Noakes) widow, ex parte materhereinafter named, DID (in and by his last will heiresses. and testament executed and attested as the law requires, for passing real estates, and bearing
date on or about the
(1) Here may be shewn shortly how he claims under (mortgagee) whether as assignee, representative, or otherwise.
na of the co
LEASE AND give and devise unto his daughter (Ellen) meaning the said (Ellen Goodright) deceased, and to her Upon Trust to heirs and assigns after the decease or second marriage of his then wife (Ann) who has long since departed this life, his barns, outhouses and lands, with the appurtenances thereto belonging, lying, and being in the parish of in the county
His death,' leaving his de
AND WHEREAS the said testator
visee him sur- afterwards departed this life without altering or revoking his said will, leaving the said (Ellen Said daughter's Goodright) him surviving. AND WHEREAS the death intestate, said (Ellen Goodright) departed this life intesters her surviv- tate and without issue some time in or about the ing, one of
whom was the
mother of the epheiresses.
Death of the
mother of co
leaving the said (Hannah Fenn) and ( Ánn Noakes) the then only surviving children of her father the said (William Stiles) her sisters and coheiresses at law, who thereupon became entitled to the premises which were devised to the said (Ellen Goodright) as aforesaid, in equal moieties as tenants in coparcenary. cenary. AND WHEREAS the said (Hannah Fenn) some, time since departed this life intestate (as to the moiety of the said estate which descended to her on the decease of the said (Ellen Goodright) leaving the said (Hannah Doe, Ann Roe, and Mary Denn) her three only children and coheiresses at law. AND WHEREAS the said (William Doe and Hannah his wife, Abel Roe, and Ann disposed to sell. his wife, and Joseph Denn, and Mary his wife) being desirous of disposing of the said messuage or tenement, lands and hereditaments at and the said moiety of the said barn, lands, and hereditaments at aforesaid, to the best advantage, have determined and agreed to convey the same respectively to trustees and their heirs,
That the coheiresses and husbands are
in manner, and upon the trusts, and for the intents LEASE AND and purposes hereinafter mentioned. Now THIS INDENTURE WITNESSETH, that in consideration Upon Trust to of the premises, and in pursuance of the said agreement, and also in consideration of the sum of ten shillings of lawful money of, &c. by the said (trustees) in hand well and truly paid to each of them the said (co-heiresses and their husbands) upon or before the execution of these presents, the receipt whereof is hereby acknow
sale for a year.
ledged, THEY the said (co heiresses and their Conveyance. husbands) HAVE, and each of them HATH, (according to his, her, and their respective estates and interests) granted, bargained, sold, aliened, released, and confirmed, and by these presents Do, and each and every of them DoтH, (in manner aforesaid) grant, bargain, sell, alien, release, and confirm unto the said (trustees) (in their actual pos- Bargain and session now being by virtue of a bargain and sale to them thereof made by the said (co-heiresses and their husbands) in consideration of 5s. by indenture bearing date the day next before the day of the date of these presents for 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) and to their heirs and assigns, ALL, &c. (Parcels being the entirety of an estate.) TOGETHER with all houses, out-houses, edifices and buildings, barns, stables, backsides, orchards, gardens, lands, meadows, pastures, feedings, trees, woods, underwoods, commons, common of pasture, ways, paths, passages, waters, water-courses, easements, privileges, profits, commodities, hereditaments,