FORM V. PARTIES. marriage set Release in Fec of Lands, partly Freehold, and partly of the Tenure of ancient Demesne, that Common Recoveries may be suffered thereof to Uses: with a Release of Right. THIS INDENTURE, of six parts, made the day of in the forty fifth year of the reign, &c. &c. and in the year of our Lord 1805; BETWEEN J. R. H. of, &c. yeoman, of the first part; W. B. of, &c. gentleman, of the second part; C. C. of, &c. gentleman, and A. his wife, (late A. H, spinster,) of the third part; J. S. of, &c. gentleman, of the fourth part; T. S. of, &c. of the fifth part; and J. E. of &c. Esq. of the sixth part. RECITAL of a WHEREAS by indentures of lease and release, bearing date respectively on or about the 1st and 2d days of September in the year 1727, the indenture of release being tripartite, and made, or expressed to be made, between J. N. and M. his wife, of the first part; W. C. and J. H. of the second part; and J. N. the younger and M. his wife of the third part; (being a settlement made in consideration of the marriage then intended to be, and afterwards solemnized, between the said J. N. the younger, and M. his wife,) the messuage or tenement and hereditaments hereinafter described to be called and situate in H, in the parish of O, in the county of S, were conveyed, tlement, creating an estate-tail in part of the lands. settled, and assured, after, and subject to uses for the life of the said J. N. the younger, and M. his wife, (both of whom long since departed this life) to the use of the first son of the body of the said J. N. the younger, on the body of the said M. his wife begotten, or to be begotten, in tail general, with divers remainders over. AND WHEREAS J. N. was the eldest son of the said J. N. and M. his wife. AND WHEREAS the said J. N, Will of tenant in tail, being seised as tenant in tail of the said messuage or tenement and hereditaments, situate in H.; and being also seised to him and his heirs in fee simple of a messuage or tenement and hereditaments with the appurtenances, called otherwise farm, as the devisee in fee thereof named in the will of W. D. his grandfather; and being also seised to him and his heirs in fee-simple of another messuage, farm, lands, and hereditaments called otherwise in H. to his in tail. farm did by his last will and testament in writing, duly executed and attested for the devise of lands of inheritance, and bearing date on or about the 16th day of December in the year 1760, give and devise his said messuage or tenement, devising farm farm, lands, and premises, situate in H. aforesaid, daughter M. and now called otherwise (charged with an annuity of £ to his wife who is since deceased, for her life,) as soon as his daughter M. should attain the age of twenty-one years, unto his said daughter and her assigns for her life; and from and after the decease of his said daughter, he gave and devised the same unto the heirs of her body, lawfully issuing. But in case the said daughter should not live to attain the tator. age of twenty-one years, or leave issue of her body said daughter M. should attain her age of twenty- Death of tes- ner in the said will expressed. AND WHEREAS the said J. N. departed this life on or about the day of in the year of our Lord Probate of will. year without having in any manner altered or revoked his said will, leaving his said daughter M. his only child and heir at law. And the said in part recited will of the said J. N. was, after his decease, and on or about the 6th day of July, in the duly proved in the Consistory Court Marriage of of the Lord Bishop of W. at W. AND WHEREdaughter. As the said M, the daughter of the said J. N. inSettlement of termarried with D. H. AND WHEREAS by inthe estates on denture bearing date on or about the 29th day of December, in the year 1781, and made or expressed to be made between the said D. H, and the said M, then the wife of the said D. H, of the one part, and W. B. of the other part; and by a fine sur conuzance de droit come ceo, &c. levied in pursuance of an agreement contained in that inden daughter's husband. are ture, in the court of ancient demesne of the manor tual to bar estates-tail. with the appurtenances, were, or were expressed or intended to be settled and assured to the use of the said W. B. and D. H. their heirs and assigns, nevertheless, as to the estate and interest of the said W. B. and his heirs, of and in the said hereditaments and premises, in trust for the said D. H. his heirs and assigns. But as a fine levied Fine ineffecin the court of ancient demesne is not a fine within the statutes under which proclamations are made, such fine was not an effectual bar to the said estates-tail. AND WHEREAS J. H. formerly of, Will of J. H. &c. surgeon, by his last will and testament in devising lands of copyhold writing duly executed and attested for the devise tenure to D. of lands of inheritance, and bearing date on or about the 12th day of June, 1782, (amongst other things,) gave and bequeathed unto his son, the said D. H, all his (the said testator's) lands and premises, held by copy of court roll in C, including the tenements then inhabited by S. H. and E, and his house and land in D, likewise the house inhabited by F. J. AND WHEREAS the said J. Death of tesH. departed this life on or about the day of 1782, without having in any manner altered or revoked his said will, leaving T. H. his eldest H. tator. son and heir at law. And the same will was, Probate of after the death of the said J. H. and on or about will. the seventh day of March, in the year of our Lord 1791, proved in the court of AND Admission to WHEREAS at a court held for the manor and huncopyland lands. dred of C. aforesaid, on or about the 28th day of October, in the year 1782, the said D. H. as the son and devisee of the said J. H, was admitted tenant to the several lands, tenements, and hereditaments, late of the said J. H, holden of the said manor and hundred of C. by copy of court roll; to hold to him and his heirs for ever, according to the form and effect of the said will, and according to the custom of the manor and hunSurrender to dred of C. And at the same court, the said D. H. the use of will. visee took want of words surrendered all the same lands, tenements, and hereditaments, to the use of such person or persons as he in and by his last will and testament should give, devise, direct, limit, and appoint. D. H. the de- AND WHEREAS in the devise contained in the only an estate said in part recited will of the said J. H, of his for life, for said lands held by copy of court roll and other of inheritance. hereditaments, to his said son D. H. no words of inheritance were used, and it is apprehended that the said D. H. took only an estate for life in the said lands and hereditaments under that devise. AND WHEREAS the said D. H. was possessed of ground and or otherwise well entitled to the piece or parcel of buildings for a ground, with the dwelling-house, edifices, and buildings thereon erected, situate and lying in the parish of C. aforesaid, hereinafter described and also assigned, or otherwise assured, or intended so to be, with the appurtenances, for the residue of a certain term of five hundred therein creyears, ated by indenture, bearing date on or about the Will of D. H ; 10th day of March in the year 1745. AND WHEREAS the said D. H. by his last will and testament in writing, duly executed and attested D. H. was possessed of term, |