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Recovery by a
FINES AND warrant the common vouchee of the same court of Common Pleas, who shall also appear gratis, and imparle; and after imparlance had, make default and depart in contempt of the court, so as judgment may be had and given thereupon, and execution thereupon awarded; and such further and other proceedings shall be had on the said writ or writs, so as one or more good and perfect recovery or recoveries shall be thereupon bad and suffered of the said messuage or tenement, lands, hereditaments and premises, according to the usual form and order of common recoveries, with double voucher for assurance of
Declaration of lands in such cases used and accustomed. AND IT IS HEREBY FURTHER COVENANTED, CONCLUDED, DECLARED, AND AGREED UPON, by and be tween all and every the said parties to these presents, that from and immediately after such time as the said common recovery or recoveries shall be suffered, executed, and perfected, as aforesaid, of the said messuage or tenement, lands, hereditaments, and premises, the said common recovery, and also the full force and execution thereof, and of these presents, and the bargain and sale hereinbefore by these presents made and herein contained, and all and every other common recovery and recoveries, and all other conveyances and assurances in the law whatsoever, heretofore had, made, suffered, or executed, or hereafter to be had, made, suffered, or executed of the said messuage or tenement, lands, hereditaments, and premises, by or between the said parties to these presents, or any of them, or whereunto they or any of them are, is, or shall be party or parties, privy or privies, shall be and enure, and shall be construed, adjudged, deemed, and taken to be and
Recovery by a
enure, and is and are hereby declared to have FINES AND been at the time of making, levying, suffering, and executing thereof, meant and intended to be and enure; and the recoveror or recoverors in such common recovery or common recoveries named or to be named, and his and their heirs, shall stand and be seised of all and every the said premises to the uses, and subject to the proviso hereinafter limited, expressed, and contained of and concerning the same, (that is to say) To THE To first tenant USE of the said (tenant for life) and his assigns, for and during the term of his natural life, and from and after the decease of the said (tenant for life,) TO THE INTENT AND PURPOSE to corrobo- then to rate, strengthen, and confirm the several uses and uses limited to
for his life,
his issue male,
estates in and by the said recited will devised or limited unto or for the benefit of the first and other sons of the body of the said (tenant for life) and of the heirs male of their bodies successively, according to the true intent and meaning of these presents, and subject to the several uses, estates, and interests so hereby intended to be corroborated, strengthened, and confirmed as aforesaid, and as and when the same shall respectively end and determine, To THE USE of the said (tenant in and afterwards remainder) his heirs and assigns for ever, and to man in fee. or for no other use, intent, or purpose whatsoever. PROVIDED ALWAYS, (1) and these pre- Proviso for sents are upon this express condition nevertheless, deed, without
(1) This proviso is added to prevent letting in incumbrances of remainder-man in tail, for by the non-payment of the money the deed becomes void; and the bargainee or grantor on entry seised of his ancient life estate. Though the deed is void, this subsequent cesser of the estate does not impeach the recovery,
prejudicing former estates.
FINES AND and it is hereby declared to be the true intent and
Recovery by a
meaning of these presents, that if the said tenant to the præcipe) his executors or administrators Remainder shall not well and truly pay or cause to be paid unto the said (tenant for life) the full and just of lawful money of the united kingdom of Great Britain and Ireland, &c. ca the now next ensuing, then the grant, bargain and sale of the said messuages or tenements, lands, hereditaments, and premises made by these presents, shall from thenceforth cease and be void; and in such case it shall and may be lawful to and for the said (tenant for life) or his assigns, to enter into or upon the said messuage or tenement, lands, hereditaments, and premises hereby granted, bargained and sold, or any part thereof, in the name of the whole, and the same to have again, hold, and enjoy as in bis or their former estate, any thing herein contained to the contrary thereof in any wise notwithstanding. IN WITNESS, &c.
for if there is an actual tenant of the freehold at the time the præcipe is sued, or before judgment, it is immaterial what becomes of it afterwards; 1 Salk. 568. 1 Shower, 347. Hob. 262. Noy, 126. 1 Mod. 218. The reason for making the deed in cases of this complexion for the joint lives of the bargainee and bargainor is, that the old reversion continues; for supposing the bargainor to have the usual power of leasing, jointuring, and charging, it might, if he had parted with the whole life estate be apprehended that the powers, whether appendant or in gross, would be extinguished thereby; Edwards v. Slater, Hardress, 410. King and Melling, I Ventr. 225. and a limitation or grant of new powers would be void against the sons and heirs male of their bodies; 3 Co. Litt. 203 b. note 94, sec. 329.
Introduction to the Uses of a Recovery, with double Vouchers in the Court of Great Sessions Recovery of for Radnor, in which the Heir at Law of a deceased Trustee concurs in making a Tenant to
Lands in Wales.
veyance to a
THIS INDENTURE, of five parts, made, &c. BETWEEN (a trustee) eldest son and heir of (a de- Parties. ceased trustee) of the first part; (vendor or present cestui que trust) of the second part; (tenant to the pracipe) of the third part; (demandant) of the fourth part; and (vendee) of the fifth part; RECITING lease and release; whereby in considera- Recites a contion of the sum of to certain vendors by deceased trusthe father of the said trustee in hand paid or mentioned to be paid before the sealing and delivery of the said indentures, and for other the considerations therein mentioned, said vendors did convey the premises unto and to the use of the said father, his heirs and assigns. AND RECITING a certain and declaradeed poll, or instrument in writing, under the hand and seal of the said deceased trustee, bearing date, &c. and reciting the said hereinbefore recited conveyance, the said deceased trustee did thereby declare that the said sum of the considera
lion money in the said recited indenture of release mentioned, was the proper money of cestui que trust, his brother; and that the name of him the said trustee was made use of in the said indentures of lease and release IN TRUST only for his said brother, and that he did thereby covenant with his said brother, his heirs and assigns, to convey the said premises unto them, or to such person or persons, and their respective heirs as they should appoint, free from incumbrances.
tion of trust.
FINES AND AND WHEREAS the said (trustee) departed this life intestate, before he had ever executed any grant
The death of
tate, and descent of the
legal estate on
The right of cestui que trust
or conveyance of the aforesaid premises to the said Lands in Wales. (cestui que trust) and his heirs, so that the legal estate of and in the said premises, descended unto the said (trustee) party to these presents as his heir at law. AND WHEREAS the said (vendor) is now seised of and in the actual possession of the said messuage and premises, claiming the same for some estate of inheritance by and under the will of (original cestui que trust, his grandfather) or by and under the will of his late (uncle) deceased. AND WHEREAS the said (vendee) hath contracted and agreed with the said (vendor) as well for the absolute purchase of the feesimple and inheritance in possession of the said messuages, lands, and hereditaments in the said county of as for all his the said (vendee's) other freehold and leasehold messuages, land, hereditaments and premises in the county of
The contract for purchase.
Consideration. at and for the price or sum of
Now THIS INDENTURE WITNESSETH, that in pursuance of the said contract and agreement, and for and in consideration of the said sum of which is the same sum of money as is mentioned to be the consideration in a certain other indenture of release bearing date, &c. and made or expressed to be made between, &c.; and for which said, sum of HE the said (vendee) hath given a receipt on the back of the said last mentioned indenture of release, and also for and in consideration of 5s. of lawful money of, &c. to the said (vendee) in hand paid by the said (vendor), the receipt whereof is hereby acknowledged. AND, for the better conveying and assuring the said