said and her assigns for and during the term of her natural life, without impeachment of waste; AND from and immediately after the decease of the said to the use of the said I. B. and E. F. their heirs and assigns, but in trust as to the estate so limited to the said E. F. for and for the benefit of the said I. B. his heirs and assigns, for ever, and to and for no other use, trust, intent, or purpose whatsoever. IN WITNESS, &c. SURRENDERS. SURRENDER and Assignment of an Agreement for Lease of a piece of Ground, and assignment of the said Ground, with two Houses built on part thereof since the execution of the agreement. THIS INDENTURE, made, &c. BETWEEN A. B. of &c. C. D. of &c. and E. F. of &c. assignees of the estate and effects of G. H. and I. K. of &c. builders and co-partners, bankrupts, and the said G. H. and I. K. of the one part, and L. M. of &c. of the other part. WHEREAS by an agreement bearing date the day of in the year made between the said L. M. of the one part, and the said G. H. and I. K. of the other part, the said L. M. in consideration of the buildings to be erected as thereinafter mentioned, did agree as soon as the said buildings should be completed, to grant a lease to the said G. H. and I, K. their executors or administrators, of all that piece or parcel of ground situate, lying, and being in in the parish of in the county of containing on the east side thereof, &c. [here set forth the particulars,] for the term of years wanting - of £ days from Midsummer at the net yearly rent payable quarterly, free from all taxes except the landlord's property-tax, and to commence on the day of then next, which lease it was thereby agreed should contain the covenants in the now reciting agreement particularly mentioned and referred to; AND the said G. H. and I. K. did agree to accept such lease and to execute a counterpart thereof, and that they, their executors or administrators, would by or before the day of cover the whole front of the said ground with new houses, not inferior to the fourth rate, in such manner as in the said agreement is particularly specified. AND WHEREAS the said G. H. and I. K. in pursuance and part performance of the said agreement, have built two houses of the aforesaid description on part of the said piece or parcel of ground so agreed to be demised to them as aforesaid: AND WHEREAS [here a recital of the bankruptcy, the provisional assignment, and the assignment to the present assignees, as in precedent, p. 92.] AND WHEREAS the said A. B. C. D. and E. F. as such assignees as aforesaid, lately caused the said agreement for a lease of the said piece or parcel of ground, and the buildings to be erected thereon, and all the interest of the said bankrupts therein, and also the said two messuages or tenements which they the said bankrupts had erected on the said piece or parcel of ground previous to their bankruptcy as aforesaid, to be put up to sale by public auction at the Auction Mart, near the Bank of England, on the day of last, at which sale the said L. M. was the best bidder for, and as such declared the purchaser of the same agreement, hereditaments, and premises, at the price or sum of £ – Now THEREFORE THIS INDENTURE WITNESSETH, that in consideration of the sum of £ 1 of lawful money of Great Britain to the said A. B. C. D. and E. F. as such assignees as aforesaid, in hand well and truly paid by the said L. M. at or before the sealing and delivery of these presents, the receipt whereof they the said A. B. C. D. and E. F. do hereby acknowledge, and of and from the same and every part thereof do acquit, release, and discharge the said L. M. his heirs, executors, administrators, and assigns, for ever, by these presents; and also in consideration of the sum of ten shillings of like lawful money to each of them the said G. H. and I. K. in hand, also paid by the said L. M. at or before the sealing and delivery of these presents, the receipt whereof is also hereby acknowledged, THEY the said A. B. C. D. and E. F. and also the said G. H. and I. K. have and each of them hath (according to their several estates and interest in the hereditaments and premises hereby intended to be surrendered and assigned, and as far as they can and lawfully may, but no further or otherwise) surrendered and yielded up, and also bargained, sold, assigned, transferred, and set over, and by these presents do and each of them doth (according to such their estates and interest, and as far as they can and lawfully may as aforesaid) surrender and yield up, and also bargain, sell, assign, transfer, and set over unto the said L. M. his executors, administrators, and assigns, ALL that the said agreement herein before in part recited, and all benefit and advantage thereof, AND ALSO all that the said piece or parcel of ground thereby agreed to be demised, AND ALSO the two messuages or tenements, buildings and premises erected thereon, or on some part or parts thereof, by the said G. II, and I. K. previous to their bankruptcy as aforesaid, with their and every of their appurtenances; AND all the estate, right, title, interest, use, trust, term and terms of years, property, 1 possession, benefit, claim, and demand whatsoever, both at law and in equity, of them the said A. B. C. D. and E. F. and also of the said G. H. and I. K, and of each and every of them of, in, to, or out of the same several hereby surrendered and assigned hereditaments* and premises, and every part thereof respectively, by force and virtue of the said hereinbefore in part recited agreement, or otherwise howsoever: TO HAVE AND TO HOLD the said agreement, piece or parcel of ground, messuages or tenements, buildings, and all and singular other the hereditaments and premises hereinbefore mentioned, and intended to be hereby surrendered and assigned, with their and every of their appurtenances, unto the said L. M. his executors, administrators, and assigns, from henceforth for and during all the rest, residue, and remainder of the said term of years wanting days, by the same agreement agreed to be granted as aforesaid; TO THE END AND INTENT that the rest, residue, and remainder of the same term may become and be merged and extinguished in the larger term which the said L. M. has in the said hereditaments and premises so hereby surrendered and assigned as afore The word "hereditaments" was struck out here, and whereever it occurred in the subsequent part of the deed, by the solicitor to the assignees, but he afterwards suffered it to stand, on my making the following observations in the margin of the draft : "This word must be restored in these places; it alludes to the agreement and the interest therein, surrendered by the prior part of the deed, and which do not so aptly come under the denomination of premises. The term hereditaments is of much larger signification,.and is used by conveyancers to take in many descriptions of property, which would not so certainly pass by the former appellation." said, and in the reversion of the same hereditaments and premises immediately expecta on the determination of such minor term, here covenants from the assiquees and bankrupts for themselves severally, &c. that they have not incumbered, that agreement is valid, &c and for ¡urther assurance, the same as in precedent, page 92.] In witNESS, &c. SURRENDER, out of Court, of Copyhold Premises, to a Manor of County of BE IT REMEMBERED, that out of Court, to wit, on the day of in the year of our Lord 18- A. B. of &c. one of the copyhold or customary tenants of the said manor, came before C. D. Esq. steward of the said manor, and did surrender by the rod into the hands of the Lord of the said manor by the hands and acceptance of the said steward, and according to the custom of the said manor, ALL, &c. (to which said premises, together with other premises held of the said manor, the said A. B. was admitted at a court holden for the said manor on the day of in the year 18-,) AND all outhouses, edifices and buildings, yards, gardens, orchards, hedges, ditches, fences, ways, waters, watercourses, easements, commons, common of pasture, and appurtenances thereto belonging; AND all the estate, right, title, interest, use, trust, property, claim, and demand whatsoever of him the said A. B. of, in, to, or out of the same and every part thereof, TO THE use and behoOF of E. F. of &c. his heirs 1 |