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No. XXXVII.

Introduction to the Uses of a Recovery with double Voucher for barring Estates Tail.

FINES AND
RECOVE-
RIES.

Bargain and Sale inrolled to make Tenant to the Præcipe.

Parties.

THIS INDENTURE, made, &c. BETWEEN (a widow lady and the eldest son and heir of her deceased husband by her) of the first part, (tenant to the præcipe) of the second part, and (demandant) of the other part. WIT VESSETH, that for Consideration. barring all estates tail and reversions or remainders expectant thereon, of and in the manor, lands, and hereditaments hereinafter mentioned; and in consideration of the sum of five shillings, of lawful money of, &c. to each of them the said (lady and son) in hand well and truly paid by the said (tenant) at or before the sealing and delivering these presents, the receipt, &c. THEY the Words of said (lády and son) HAVF, and each of them conveyance. HATH granted, bargained, and sold, and by these presents Do, and each of them DоTH grant, &c. unto the said (tenant) his heirs and assigns, ALL, &c. AND the reversion, &c.; and all the estate, &c.; TO HAVE AND TO HOLD the said manor, &c. Habendum for unto and to the use of the said (tenant) his heirs suffering a reand assigns, to the intent and purpose to make over the said (tenant) a perfect tenant, &c. against chers. whom a perfect common recovery with double voucher shall and may, before the end, &c be thereof had and obtained by the said (demandant) as plaintiff or demandant, upon a writ of entry sur Disseisin en le post, wherein the said (tenant) shall vouch to warranty the said (son) who shall vouch over the common vouchee of the said court, after the manner and course of common recoveries, with double vouchers in such cases used. AND it is hereby declared, &c.

purpose of

double vou

FINES AND
RECOVE-
RIES.

Recovery by a
Remainder-

Man.

Parties.

Recites will creating the entail.

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Bargain and Sale for making Tenant to the Præcipe for suffering a Recovery by Remainder-man, without prejudicing the Estate of Tenant for Life, or Uses limited for the Benefit of his first and other Sons.

THIS INDENTURE, made, &c. BETWEEN (tenant for life, with remainder to his first and other sons in tail male) of the first part; (tenant in remainder) of the second part; (tenant to the præcipe) of the third part; and (demandant) of the fourth part. WHEREAS by virtue of the last will and testa. ment of late of deceased,

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bearing date on or about the
the said (tenant for life) is entitled to an estate
of freehold or to the perception of the rents and
profits during his life, of all that the said testa-
tor's freehold messuages wherein he then dwelt,
and all other his lands, tenements, and heredita-
ments whatsoever lying and being in the parish
of
in the county of
where in the said county of
with their
appurtenances, hereinafter mentioned and de-
scribed; and from and after the decease of the
said (tenant for life), the said testator devised
the said messuages, lands, hereditaments, and
premises to the first, second, third, and all and
every other son and sons of the body of the said
(tenant for life) lawfully issuing, (whether then
born or unborn) severally and successively in tail
male; and in case of all such issue male failing,
then the said testator gave and devised the said

RECOVE
RIES.

Recovery by a
Remainder

Man.

messuages, lands, hereditaments, and premises, to FINES AND such uses or upon such trusts for the benefit of (a nephew) and his issue male as are therein expressed; but the several uses and trusts last before mentioned are, by the death of the said (nephew) without issue, become incapable of taking effect; and in case of failure of issue male of the said (nephew), then the said testator devised the said messuages or tenements, lands, hereditaments, and premises, to the first, second, third, and all and every other son and sons of the body of the said last mentioned (nephew) lawfully issuing, (whether then born or unborn) severally and successively in tail male; and in case of all such issue male then failing, then the said testator devised the said premises in such manner as in the said will is mentioned and expressed, as by the said will, reference being thereto had, may more fully appear. AND WHEREAS the said (testator) Death of testalong since departed this life without revoking or tenant for life altering his said will, leaving the said (tenant for male. life) party hereto him surviving, who thereupon entered into and is now in possession of the said devised premises, but the said (tenant for life) hath not at present any issue male of his body. AND WHEREAS the said (nephew) hath long since departed this life without leaving any issue male of his body. AND the said (second tenant for life) is also since dead, leaving the said (tenant in remainder) his eldest son. AND WHEREAS the said That parties (tenant for life) and (him in remainder) are suffering a reminded and desirous to bar the estate tail of or to covery of estate which the said (tenant in remainder) is seised man, without prejudicing or entitled of and in the said devised premises former estates. expectant on the death and failure of issue male of the body of the said (tenant for life), but

tor, and that

hath no issue

are desirous of

of remainder

RECOVE

RIES.

Recovery by a

FINES AND without prejudicing the estate for life therein of the said (tenant for life) or the uses or estates in and by the said will limited unto or for the beRemainder nefit of the first and other sons of the said (tenant for life) as aforesaid, all which estates and interests last mentioned are intended to be corroborated and confirmed by the common recovery

Man.

Consideration. hereinafter mentioned. Now THEREFORE THIS

Words of conveyance.

Habendum,

To the use of tenant during

lives of bargainors and bargainee,

INDENTURE WITNESSETH, that for and in consideration of the sum of five shillings a piece of lawful money of the united kingdom, &c. to them the said (tenant for life) and (him in remainder) in hand well and truly paid by the said (tenant to the præcipe) upon or immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, and for divers other good and valuable causes and considerations them the said (tenant for life) and (him in remainder) thereunto moving, THEY the said (tenant for life) and (him in remainder) HAVE, and each of them HATH granted, bargained, sold, and confirmed, and by these presents Do, and each of them DOTH grant, bargain. sell, and confirm unto the said (tenant to the præcipe) ALL, &c. (here introduce parcels with appropriate general words.) To HAVE AND TO HOLD the said messuage or tenement, lands, hereditaments, and all and singular other the premises herein before described, and hereby granted, bargained, and sold, or intended so to be, with their and every of their rights, members, and appurtenances, unto the said (tenant) and his assigns, To THE USE AND BEHOOF of the said tenant to the præcipe) and his assigns, for and during the term of the joint natural lives of them the said (tenant for life) and (him in remainder)

FINES AND
RECOVE
RIES.

Recovery by a

Man.

to make him

tenant to the

præcipe for

suffering a re

and (tenant to the præcipe), TO THE INTENT AND PURPOSE that the said (tenant to the præcipe) by virtue of these presents, may be and become a good and perfect tenant of the freehold of the Remaindersaid messuage or tenement, lands, hereditaments, and premises hereby granted, bargained, and sold, or intended so to be, against whom one or more common recovery or recoveries may be had, exe- covery. cuted, and perfected thereof in manner hereinafter mentioned. FOR WHICH PURPOSE, it is Directions for suffering recohereby covenanted, concluded, declared, and very. agreed by and between the said parties to these presents, that it shall and may be lawful to and for the said (demandant) at the proper costs and charges of the said (tenant for life) before the end of this present term, or in some other subsequent term, to sue forth and prosecute out of his Majesty's High Court of Chancery against the said (tenant to the præcipe) one or more writ or writs of entry sur Disseisin en le post, returnable and to be returned before his Majesty's Justices of the Court of Common Pleas at Westminster, thereby demanding against the said (tenant to the præcipe) the said messuage or tenement, lands, hereditaments, and premises, by such apt and convenient names, quantities, and qualities of land and other descriptions to comprise and ascertain the same, as shall be thought necessary; to which writ or writs the said (tenant to the præcipe) shall appear gratis, in his own proper person, or by his attorney, lawfully authorized in that behalf, and enter into warranty and vouch to warrant the said (tenant for life) who shall also appear, gratis, in his own proper person or by his attorney thereunto lawfully authorized, and enter into warranty and vouch to

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