« SebelumnyaLanjutkan »
very, with tieble
Release by Father, Tenant for Life, and his Son, Use of Recor
Tenant in tail male, also a Trustee, and certain Mortgagees, for the purpose of suffering a Recovery, with treble Vouchers, to the Use of the Father, subject to a Mortgage, but discharged of the Jointure of the Mother.
This INDENTURE, of six parts, made between (a tenant for life) (who is the eldest son of, &c.who was the tenant for life named in the hereinafter in part récited last will and testament of, &c. deceased) and (the wife of present tenunt for life) of the first part; (the first or eldest son of the said present tenant for life) by the said (wife) of the second part; (a trustee, the eldest son and heir at law of a devisee in trust, named in the said will of the said testator, deceased) of the third part; (two ladies, mortgagees, named in the hereinafter in 'part recited indenture of release) of the fourth
part; (tenant to the precipe) of the fifth part; and Recital of will, (demandant) of the sixth part. WHEREAS, the mises were de- said (the testator) deceased, being at the time of certain aminuito making and publishing his said last will and testies to father of tament, and thence to the time of his decease, for ife, for life, seised of and well entitled in his own right unto the first son of the hereditaments hereinafter mentioned, to be male. remain hereby released for an absolute estate of inherit
ance, in fee simple, in possession, free from all
tor without re.
of certain annuities therein mentioned, and which FINES AND bave long since determined, and subject thereto in trust for the said (deceased tenant for life) by Ures of Rerohis therein description of, &c. for his life, with very, with treble remainder to the use of the said (devisee) and his heirs during the life of the said (deceased tenant for life) upon trust, to support the coutingent remainders thereinafter limited, from being defeated or destroyed; and upon the decease of the said (deceased tenant for life) iu trust, for the first son of his body in tail male, with other subsequent limitations.
AND WHEREAS, the said Death of testa. (testator) departed this life in the year of our viking his will. Lord
without having revoked or altered his said will. AND WHEREAS, all the several an- Determination puities charged by the said will of the said (testa- charged by said tor) deceased, did determine before the expiration of the year
when the trusts so reposed in the said (devisee in trust) in and by the said will also determined. AND WHEREAS, the Death of devi. said (devisee in trust) departed this life in the year of our Lord intestate, leaving the said (trustee) party bereto, bis eldest son, heir at law. AND WHEREAS, by or by virtue of a cer- A bargain and tain indeuture of bargain and sale, of four parts, Chancery, and bearing date the and made or expressed to be made between the mises were
limited, subject said (deceased tenant for life) and the said (pre- to power of sent tenant for life) therein described to be the party hereto eldest son and heir-apparent of the said last nam- first part for ed (testator) of the first part; (a tenant to the
to his first son præcipe) of the second part; (certain demand-in tail male, ants) of the third part; and
of the over. fourth part; and which was duly enrolled in his Majesty's Court of Common Pleas at Westminster, in the month of
in the same year
see in trust.
sale inrolled in
a recorery, whereby pre
FIN FS A D
Uses of Reco
and of a common recovery duly suffered in pursuance thereof, in or as of
Term, in the year of his present Majesty King very, with treble George the Third, the said (parties of the third
part) were demandants; in which common recovery the said (party of the second part) was tenant, and the said (deceased tenant for life) first vouchee, and the said (present tenant for life) second vouchee; the said hereditaments hereinafter mentioned to be hereby released, were con veyed and assured (after certain intermediate uses and purposes which determined upon the decease of the said (deceased tenant for life) and subject to a term of years) to the use of the said (present tenant for life) and his assigns, for bis life, with such powers of jointuring and portion. ing as are therein mentioned, with the next remainder to the first son of the said (tenant for life) in tail male, with divers remainders over.
AND WHEREAS, by certain indentures of lease lease by way of and release bearing date respectively the and days of
and made or expressed to be made between the said (present tenant for life) of the one part, and the said (mortgagees) of the other part; All the said he. reditainents comprised in the said recited indenture of bargain and sale of the said
were for the valuable considerations in the same indenture of release mentioned, conveyed, and assured unto and to the use of the said (mortgagees) their heirs and assigns, during the life of the said (present tenant for life ) subject to a proviso or condition thereinafter contained for redemption and re-conveyance of the same hereditaments, upon payment by the said (tenant for life) his heirs, exccutors, or ad
Lease and re.
mortgage of life estate.
ministrators unto the said (mortgagees) their ex. FINES AND ecutors, administrators, or assigns, of the full sum of and interest after the rate and at the
Uses of Recodays and times, and in the manner therein men very, with treble tioned ; and which said principal sum and some arrear of interest do still remain unpaid. AND That powers of WHEREAS the said (present tenant for life) exer- exercised;
jointuring were cised the power of jointuring so given unto him in and by the said hereinbefore in part recited indenture of bargain and sale of the said day of
and the said common recovery as aforesaid, by appointing the annual sum of unto the said (wife) by way of jointure for ber life, in case of her surviving him. AND WHEREAS that a recovery
is about to be the said, &c. who is the first or eldest son of the suffered to the said (present tenant for life) by the (wife) baving ther, dischargattained his of twenty-one years on the
ed of the joinage
now last past, he having been born on the
in the year of our Lord
It is proposed and agreed by bim and his father, with the concurrence of his said mother (she having consented to be vouched) and of the said (mortgagees) that a common recovery shall be forth with suffered of all the said here. ditaments comprised in the said hereinbefore in part recited indenture of bargain and sale of the said
for the purpose of barring all the estates tail and remainders dependant thereon and subsequent tbereto, of and in the same hereditaments, and of conveying and assuring the absolute estate of inheritance in fee-sim. ple, of and in all the same premises discharged of the jointure of the said (wife) to the uses and upon the trusts bereinafter limited and declared of and concerning the same. AND WHEREAS it hath been been thought
adviseable that thought adviseable to apply unto the said (trus- trustee should
and that it hadla RECOVE
ing a tenant to
FINES AND tee) party hereto, to concur in the conveyance
hereinafter mentioned to be made preparatory to Uses of Recor suffering the said common recovery, and which dery, with treble. the same (trustee) hath consented to do. Now
This INDENTURE WITNESSETH, that in pursuance concur in mak- of the said recited agreement, and for the exthe præcipe. press purpose of barring, docking, destroying, Consideration. defeating and extinguishing all estates tail, and
all and every the remainders, limitations, rever. sions, estates, conditions, and contingencies thereupon respectively expectant or dependant, of and in the said hereditaments and premises hereinafter mentioned to be hereby granted and released ; and for giving unto the said (present tenant for life) the complete controul and dominion over the fee-simple thereof, and for and in consideration of the sum of 10s. a-piece of lawful English money by the said (tenant to precipe) unto the said (tenant for life) (his son) (trustee) party hereto, aod (mortgagees) in hand paid at or immediately before sealing and delivering these presents, (the receipt whereof is hereby respectively acknowledged) ne the said (trustee) party hereto, (according to his estate and interest of and in the same hereditaments as trustee under
the said recited will of the said (testator) deceas. Words of con- ed, and as far as he lawfully can or may) Hati
Dargained, sold, and released, and by these presents Dora, in manner 'aforesaid, bargain, sell, and release; and they the said (mortgagees) as far as they respectively lawfully can or may
in their capacity of mortgagees as aforesaid HAVE, and each of them hath bargained and sold and released, and by these presents do, and each of them both in manner aforesaid, bargain and sell and release; and they the said (tenant for life)