FORM XXVI. HABENDUM to fee. lives. Mode of framing a Recovery Deed when the Uses of the Recovery are declared in that part which contains the Conveyance of the Estate. The object of this form was to vest the legal estate in the owner, during the interval between the date of the recovery deed, and the time of suffering the recovery. Consequently all mortgages, &c. before the recovery will operate on the legal estate. TO HOLD, &c. unto the said Sir J. R. and his the grantee in heirs. To the uses, &c. (i. e.) To the use of the To the use of said C. D. and his assigns, for and during the joint natural lives of the said Sir J. R. and C. D.; and for the purposes and to the intent, only, hereinafter expressed and declared of and concerning the estate hereby limited to the use of the said Remainder. C. D. and his assigns. And from and after the determination of the estate hereinbefore limited to the use of the said C. D. and his assigns for the joint natural lives of the said Sir J. R. and C. D, and in the mean time subject and without prejudice To the usual to the same estate for life, To the use, &c. [of uses for pre- Sir J. R.'s appointment, &c. and to prevent dower, in the usual form.] AND IT IS HEREBY DECLARDeclaration ED and agreed by and between the said parties to tate is limited these presents, as far as they respectively are to the use of interested, that the said C. D. and his assigns, him tenant to shall stand and be seised of the said messuage, the præcipe for suffering a &c. hereinbefore limited to the use of the said venting dower. that the es C. D. to make recovery. C. D. and his assigns for the joint natural lives of declared to enure. before limit the said Sir J. R. and C. D, TO THE INTENT, &c. [common form of Recovery Clause.] The declaration of uses is-To the uses, upon the trusts, The recovery and for the ends, intents, and purposes, hereinbefore limited, expressed, and declared, of and To the uses concerning the same; save and except the estate ed, hereinbefore limited to the use of the said C. D. excepting the limitation to and his assigns for the joint natural lives of the the use of said Sir J. R. and C. D, it being intended that the same estate shall cease and be extinguished as soon as the recovery hereby agreed to be suffered shall have been suffered; and in all other respects in confirmation of these presents, and for the purpose of giving more full and complete effect to the same. FORM XXVII. Another Form of declaring the Uses of the Recovery, by reference to that part of the Deed which contains the Conveyance of the Estate. C. D. [ 491 ] To the uses before limit quent to the To, FOR, AND UPON THE USES, trusts, terms, ends, intents, and purposes, and subject to the ed, subseseveral provisoes, declarations, and agreements, estate for the hereinbefore limited, expressed, and declared, joint lives. concerning the same, and the respective parts and shares thereof, after and expectant on the estate hereby limited to the use of the said his assigns for the joint lives of the said and and being an estate which is to cease and be extinguished after the recovery or recoveries hereby agreed to be suffered shall be suffered. FORM XXVIII. Covenant to suffer a Common Recovery. AND also that in the first term which shall happen next after the death of the said or in her life-time, if the concurrence of the said or her assigns can be obtained thereto, he the said or his heirs in tail, shall or will, at his or their own costs and charges make, do, and execute, consent to, and concur in all such acts, deeds, proceedings, and assurances, as shall be necessary and proper for suffering a good, valid, and effectual common recovery of the said hereby granted and demised, or otherwise assured or intended so to be, so as to bar the said estatetail of the said and the reversion in fee-simple, expectant thereon; and enlarge the same estate-tail into an estate in fee-simple; and also for declaring that the same recovery when suffered, shall, as to the hereby granted and demised, or intended so to be, operate and enure To the use of the said his executors, administrators, and assigns, for all the residue of the said term of 500 years which shall be then to come and unexpired; in confirmation of, and for the purpose of giving more full and complete effect to, these presents, and the term hereby granted, subject nevertheless to the proviso or agreement for redemp tion, hereinbefore contained. And it is hereby further directed, declared, and agreed, by and between the parties to these presents, that all fines levied, and to be levied, and all recoveries suffered and to be suffered, and all other assurances, made and to be made of the said hereby granted, or demised, or intended so to be, either alone, or with other lands shall, as to the said and hereditaments, hereby granted and demised, or intended so to be, operate and enure FORM XXIX. Desire of the Tenant of a remote Estate-Tail to suffer a AND WHEREAS the said J. B. is desirous of enlarging the several estates-tail limited to him as aforesaid, into estates in fee simple, subject to the estate-tail of the said S. D. [ 494 ] FORM XXX. Expediency of Recovery, AND WHEREAS it is deemed expedient that a recovery should be suffered by the said B. B, party hereto, for the purpose of barring his estatetail, if any, in the said &c. hereinafter re leased, &c. and the reversions and remainders over and expectant upon such estate-tail. FORM XXXI. [ 495 ] Request to join in suffering a Common Recovery. AND WHEREAS the said F. G. hath requested the said B. B. party hereto, and J. T. and M. his wife to join with him in suffering a common recovery of the said hereafter released, and in limiting the same to the use of the said F. G. his heirs and assigns for ever, discharged of the said estate-tail, and the reversions and remainders over, and also discharged from the dower, right, and title of dower of the said M. T. |