Imatges de pàgina
PDF
EPUB

assured, or intended so to be, either by themselves, solely and alone, or jointly and together with any other lands, tenements, or hereditaments, by or between all and every, or any or either of the persons, who are parties to these presents, or to which they, or any or either of them, is or are, or shall or may be parties or privies, or a party or privy, shall, as to all the said parties to these presents, respectively, as far as they respectively can lawfully or rightfully direct the uses of the same, fine or fines, common recovery or recoveries, and other assurances, be and enure, and be adjudged, ex-shall enure; pounded, deemed, and taken to be and enure; and that the same was and were meant, and intended, and is and are hereby directed and declared to be and enure; and that the person or persons to whom And that persuch fine or fines, common recovery or recoveries, stand seised; and other assurances respectively, have or hath been or shall or may be levied, suffered, made, and executed, shall stand and be seised; As to, As to parcels for, and concerning the said messuages and heredi- conveyed, taments hereby released, or otherwise assured or intended so to be, and every part and parcel of the

same, with their rights, members, and appurte

sons shall

nances. To the use of the said E. M. her heirs To the use of and assigns for ever; and to no other use, nor for grantor in fee any other end, intent, or purpose whatsoever. In witness, &c.

FORM II.

PARTIES.

RECITAL

is either

tenant for

Form of a Conveyance to be made previous to suffering a Recovery, or executing a Recovery Deed, by a Person, when it is doubtful whether he is Tenant for Life, or in Tail; and when, if he be Tenant for Life, there is a contingent Remainder to one of his Sons. The Object being, to bar the Estate-tail, if any, and to protect the Estate for Life, if any, from the Consequences of Forfeiture, and in that case to preserve the contingent Remainders, if any, from Destruction (b).

THIS INDENTURE, made the

day

40 Geo. III. and in the year of

our Lord 1801; BETWEEN T. B. B. of, &c. gent, of the one part; and A. B.

of

[some other person than the tenant] of the other WHEREAS the said T. B. B. is either tenant

part.

that grantor for life, or in tail, of all, or some of the messuages, farms, lands, tenements, and hereditaments, herelife or in tail. inafter released or otherwise assured or intended so to be, and as to such parts thereof, if any, of which he is tenant for life, doubts are entertained whethere there is a contingent remainder in favour of his eldest son for the time being, or some or one of his sons, under or by virtue of the will of

Desire to

bearing date on or about the

and proved in the

on or about the

day of

court of

day of

AND

suffer a reco- WHEREAS the said T. B. B. is desirous, and hath

very.

See the text, p. 112.

take the

that immediate

freehold, with

for freehold rere- mainder to a

trustee.

WITNESSETH.

said, and

determined, to suffer a common recovery of the said messuages, farms, lands, tenements, and hereditaments; and it is deemed expedient that, prior to his execution of the necessary conveyance for And that it is making a tenant to the writ of entry, for suf-deemed expedient to fering such recovery, he should convey the free-convey, so hold of the said messuages, farms, lands, tenements, that he may and hereditaments, so and in such manner he may take back the immediate freehold the joint lives of himself and A. B, with mainder to the said A. B. for the life of the said T. B. B, in trust for the said T. B. B. and his assigns during his life. Now THIS INDENTURE That for purWITNESSETH, that for the purposes hereinbefore poses aforeexpressed, and in consideration of 10s. of lawful nominal conmoney of the united kingdom of Great Britain sideration. and Ireland, current in Great Britain, to the said T. B. B. paid by the said A. B, immediately before the execution of these presents (the receipt whereof is hereby acknowledged,) The said T. The owner B. B. hath granted, bargained, sold, aliened, released, and confirmed, and by these presents doth grant, bargain, sell, alien, release, and confirm unto the said A. B. his heirs and assigns, (in the (reference to actual possession of the said A. B. now being, in year.) virtue of a bargain and sale thereof made to him by the said T. B. B., in consideration of 5s. paid to him by the said A. B. by indenture bearing date on the day next before the day of the date, and executed before the execution of these presents, for one whole year, to be computed 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)

grants, &c.

lease for a

PARCELS.

General words tor farms.

ALL the messuages, farms, lands, tenements, and hereditaments of the said T. B. B. situate in the several parishes of

county of

in the

and hereinafter par

ticularly described, that is to say, All, &c.

And all houses, cottages, outhouses, edifices, buildings, barns, stables, yards, gardens, orchards, closes of land, meadow, and

pasture, feedings, woods, underwoods, and the ground and soil thereof, commons, and common of pasture, and of turbary, and other commonable rights, hedges, ditches, fences, mounds, ways, paths, waters, water-courses, liberties, privileges, easements, profits, commodities, advantages, and emoluments whatsoever, to the said messuages, farms, lands, tenements, and hereditaments, hereby released or otherwise assured, or intended so to be, or any of them respectively, belonging, or in any wise appertaining, or accepted, reputed, deemed, taken, known, held, occupied, or enjoyed, as part, parcel, or member of the same, or any of them re

And the re- spectively. And the reversion and reversions,

version, &c.

remainder and remainders, yearly, and other rents and profits of the said messuages, farms, lands, tenements, and hereditaments, hereby released, or otherwise assured, or intended so to be, and every part and parcel of the same, with their and every HABENDUM of their rights, members, and appurtenances. To to grantee and his heirs HAVE AND TO HOLD the said messuages, farms, lands, tenements, hereditaments, and all and singular other the premises hereby released or otherwise assured, or intended so to be, and every part and parcel of the same, with their and every of their rights, members, and appurtenances unto

for life of

grantor.

the To the use Of grantor for and the joint lives

say,

of himself and

grantee ;

the said A. B, and his heirs, for and during natural life of the said T. B. B, To the uses upon the trusts hereinafter declared, that is to To the use of the said T. B. B. and his assigns, during the joint natural lives of the said A. B. and T. B. B. And from and immediately after the determination of that estate, by forfeiture, surrender, or otherwise, then To the use of the said A. B. and Remainder his heirs, for the natural life of the said T. B. B, grantee, for life of grantor, In trust for the said T. B. B. and his assigns. And to no other use, and upon no other trust whatso-grantor. ever. In witness, &c.

to the use of

In trust for

« AnteriorContinua »