Imatges de pàgina
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pasture for all manner of cattle, with the appur tenances in M. G. and parish of M. G. Or each of them the said S. W. and A. B. respectively, shall permit the said C. D. to demand the same messuages, farms, lands, and hereditaments respectively, by such other apt, good, sufficient, and proper names, number of messuages and acres, quantities, qualities, and other descriptions as shall be deemed necessary, proper, sufficient, and requisite to comprise the same. And that each of them the said S. W. and A. B. respectively shall in his own person, or by his attorney or attornies lawfully authorised in that behalf, appear to the same writ or writs, and vouch to warranty the said W. H. D. party hereto. And that the said W. H. D. party hereto, shall in his own person, or by his attorney or attornies lawfully authorised in that behalf, appear gratis, and freely enter into the warranty of each of them the said S. W. and A. B. respectively; and taking the same upon himself, vouch over to warranty the common vouchee for the time being, of each of the said courts respectively. And he shall appear gratis, and freely enter into the warranty of the said W. H. D. party hereto; and after imparlance make default. So that judgment may be given upon each of the said writs respectively for the said C. D, or other demandant or demandants, to recover all and singular the said messuages, farms, lands, and hereditaments to be demanded by the same writ respectively, and every part and parcel of the same, with the appurtenances, by such names, quantities, qualities, and other descriptions as aforesaid, against the tenant in the same writ ;

and for the tenant in the same writ to recover in value against the said W. H. D. party hereto; and for him to recover in value against the common vouchee of the court in which the said writ shall be returnable, as is usual in such cases. And that upon all and every recovery and recoveries to be suffered as aforesaid, execution may be sued and prosecuted by, and seisin had, taken, and delivered unto the said C. D, or other demandant or demandants, accordingly. And that every other act or or thing needful, requisite, or proper, to be executed for the purpose of suffering and perfecting a common recovery or recoveries of the messuages, farms, lands, and hereditaments in each of the same counties respectively, with double, treble, or other voucher, to dock the to bar the estate-tail of the said W. H. C. party hereto, of estate-tail, and in the same messuages, farms, lands, and hereditaments, and all reversions and remainders over and expectant upon the same estate-tail, may be made, done, and executed. And by way of Direction

&c.

that the re

direction and declaration, and not of covenant, it coveries shall be suffered. is hereby granted, declared, and agreed, by and between the said parties to these presents as far as they respectively are interested, and they hereby for themselves severally and respectively, and for their several and respective heirs, executors, and administrators, consent and agree according to their respective estates, rights, and interests in the premises, that each of the recoveries hereby agreed to be suffered shall be suffered and perfected with all possible dispatch; and that and that the the parties respectively, and their respective heirs, give effect to on their respective parts, will use their utmost the same.

parties will

DECLARATION that recoveries,

for a year, pre

and the

sent deed, and

all other fines, &c.

endeavours to give effect to the same recovery, and also to these presents, and the grant, release, and confirmation, or other assurance hereby made. AND IT IS HEREBY FURTHER DIRECTED, declared, and agreed by and between all the said parties to these presents as far as they respectively have any right, title, or interest in the premises, that immediately upon and after judgment obtained and seisin had and taken upon each such recovery, as aforesaid, the recovery, so as aforesaid, or in any other manner, or at any other time or times, to be suffered; and also the and the lease said bargain and sale for a year, bearing date on the day next before the day of the date of these presents; and also these presents and the assurance hereby made, and all and every other fine and fines, recovery and recoveries, and other assurances whatsoever at any time or times heretofore, and to be at any time, and from time to time hereafter, had, made, done, levied, suffered, executed, and perfected, of or concerning all or any part of the said messuages, farms, lands, and hereditaments, hereby released, or otherwise assured, or intended so to be, either by themselves solely and alone, or jointly and together with any other lands, tenements, or hereditaments, by and 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,

son shall

lands con

be and enure, and be adjudged, expounded, deemed, shall enure, decreed, and taken to be and enure, and that the same is and are, and was and were meant and intended, and is and are hereby directed and declared to be and enure; and also that the person and that peror persons to whom the said fine or fines, common stand seised, recovery or recoveries, 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, for, and concerning the said As to the messuages, farms, lands, and hereditaments here- veyed, by 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; To the uses, upon the trusts, and for the ends, intents, and purposes hereinafter limited, expressed, and declared of and concerning the same messuages, farms, lands, and hereditaments, (that is to say) To the use of the said E. M. and To the use of her assigns, for and during the term of her natu- life, during ral life, by way of restoration and confirmation of her estate for life in the same messuages, farms, of her estate for life, and lands, and hereditaments with the appurtenances, of all powers and also of all powers and privileges, if any, an- thereto. nexed or belonging to the same estate for life of the said E. M. And from and after the determi- Remainder, nation of the estate of the said E. M. for her life, and in the mean time subject thereto, and to the said powers and privileges; To the use of such To uses to person or persons for such estate or estates, &c. dower. (the usual form to prevent a title of dower). And to, for, and upon no other use, trust, intent or purpose whatsoever. In witness, &c.

the tenant for

her life, in confirmation

annexed

prevent

FORM XII.

To THE USE AND INTENT, to confirm

the uses of a

marriage settlement.

Subject to

Cses for Confirmation of former Assurances.

TO THE USE, intent, and purpose to confirm and give effect to the several indentures hereinbefore prior deeds; recited, according to the effect, true intent, and meaning of the same indentures respectively; and particularly in particular To the uses, upon the trusts, and for the ends, intents and purposes limited, expressed, and declared, of and concerning the same towns, lands, tithes, and hereditaments in and by the said hereinbefore in part recited indenture of release, or marriage settlement, bearing date on or about the 12th day of February, in the year 1811: Subject nevertheless to the prior estates, liens, charges, and incumbrances, then affecting the said towns, lands, tithes, and hereditaments respectively; Nevertheless, and as it was the intention of the parties to the same indenture of release, so it is hereby declared and agreed by and between the parties to these presents, as far as they respectively are interested, and as far as they respectively lawfully may or can, that the said term of 400 years, limited or created in and by the said last mentioned indenture of release and marriage settlement, shall have precedence of, and take effect prior to the other estates and interests limited or created in and by that indenture.

and giving precedence to

a term of years

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