Imatges de pàgina
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FORM XIII.

Uses and Provisions for confirming an Annuity, and so as to continue it in Equity though it should be extinguished at Law.

AND INTENT

After uses for joint appointment. And in default, &c. Then to the other uses and for the other purposes hereinafter limited and declared, that is to say, To the use, intent, and purpose, to To THE USE restore and confirm the right of the said G. W. to confirm a and her assigns to have, receive, and take, the said rent-charge, annuity, or yearly rent-charge of £200, out of the said hereby, or hereby intended to be released, or otherwise assured, moiety or half part, of and in the lands and hereditaments hereinbefore mentioned or described, and of and in their and every of their rights, members and appurtenances in common with the other hereditaments which are liable to, or chargeable with, the payment of the same annuity or yearly rent-charge; and to restore and the and confirm all powers and remedies by distress Powers for and entry, and the trusts of all terms of years, same. which were respectively created for securing and enforcing the payment of the said annuity or yearly rent-charge of 200; to the intent, and so that the same annuity or yearly rent-charge may be payable or paid, recovered or recoverable, in the same or the like manner as if these presents had not been made or executed, or the

[blocks in formation]

securing the

thereto,

W. W. in fee.

AGREEMENT

the rent

charge.

recovery hereby agreed to be suffered had not And subject been suffered. And subject to the payment of the said annuity or yearly rent-charge of £200, and the powers and remedies for recovering and To the use of enforcing the payment of the same, To the use of the said W. W. his heirs and assigns for ever. And to no other use, and upon no other trust, nor for any other end, intent, or purpose whatsoever. AND the said J. W. and W. W. do hereby that the present deed and direct and declare, consent and agree, that nothing recovery shall not extinguish contained in these presents, or in the recovery hereby agreed to be suffered, is meant or intended to extinguish the said annuity or yearly rentcharge of £200, or any part thereof, or any of the powers or remedies for recovering or enforcing the payment of the same, or to exonerate any of the lands and hereditaments which, at the time of the execution of these presents, are, or were, charged or chargeable with the payment thereof. And further, that, notwithstanding any extinguishment at law of the said annuity or yearly rent-charge, the same shall subsist in equity, in tinguished at the same or the like manner, and with the same or the like powers and remedies, and charged or chargeable on the same lands and hereditaments; and be raised or raisable under the trusts of the term or terms for years, or other estate or estates created for securing the said annuity or yearly rent-charge, as if the said annuity or yearly rentcharge had not been so extinguished, any law or usage to the contrary in any wise notwithstanding.

and that the

rent-charge

shall subsist in equity, though ex

law.

FORM XIV.

Limitation of Uses, adapted to the Circumstances of a Reco-
very suffered by two Persons ;
hold, and the other a remote Estate-tail.

one having the Free

of M. G. B.

for his life, in or confirmation

of his estate,

annexed

tail,

TO THE USE of the said M. G. B, and his as-To the use signs, for and during the term of his natural life; for the purpose of restoring and confirming, giving effect to the said estate for life of the said and all powers M. G. B, and all powers and privileges annexed thereto. to that estate. And to the use, intent, and purpose, And to conto confirm and establish all other the uses and firm all other estates prior estates, which were limited by the hereinbefore to the estatein part recited last will and testament of the said M. B, prior to the estate-tail thereby limited to the said W. B. party hereto, and the heirs male of his body lawfully begotten; and also to restore and and all powestablish all powers and authorities, which were ers, &c, by virtue of the same last will and testament annexed to such prior uses, or exerciseable in respect thereof, or during the continuance of the same uses and estates, so being prior to the said estate-tail of the said W. B. party hereto. And Remainder, from and immediately after the determination of the several uses and estates hereinbefore limited and declared, restored or confirmed, and in the mean time subject thereto, and to such powers and privileges as aforesaid, and the estates and interests to be made or limited in pursuance or

the lands,

500 years

from decease

of M. G. B.

in exercise of all or any of the same powers and As to part of authorities; then, As to the said farm, lands and hereditaments called B, otherwise Great B.; and also the said farm, lands, and hereditaments called M.; and also as to the said tithes and tenths of the same farms, lands, and hereditaments respectively; and also as to the said farm and lands called M, and hereinbefore described to be in the occupation of the said W. H, with their respective To the use of rights, members, and appurtenances, To the use of trustees for the said V. W. V. and T. S, their executors, administrators, and assigns, for and during the full term or time of 500 years, to be computed from the day of the decease of the said M. G. B.; and thence next ensuing and fully to be complete and ended, without impeachment of or for any man ner of waste; nevertheless upon the trusts, and for the ends, intents, and purposes, and subject to the provisoes, declarations and agreements hereinafter expressed and declared of and concerning the And as to the same term. And as to, for, and concerning all the said manors, messuages, farms, lands, tenements, and hereditaments hereby released, &c. and every part and parcel of the same, with their and every of their rights, members, and appurtenances, other than and except the said farms, land, tithes, and hereditaments, comprised in the said term of and after the 500 years hereby limited or created; And from term as to the and after the expiration or other sooner determiprised therein, nation of the same term, and in the mean time

residue of the

lands,

lands com

subject thereto, and to the trusts hereby declared thereof, then also as to, for, and concerning the farms, lands, tithes, and hereditaments comprised in the said terms of 500 years with their and every

of their rights, members and appurtenances, To To the use of the use of the said W. B. party hereto, his heirs

W. B. in

fee.

and assigns for ever.

And to, for, and upon no

other use, trust, end,

mited,

raise 10,000

intent or purpose whatsoever. AND IT IS HEREBY DECLARED and DECLARATION that the agreed by and between the parties to these pre-term of 500 sents, as far as they respectively are interested, that years is lithe said farms, lands, tithes, and hereditaments, hereby limited to the use of the said V. W. V. and T. S, their executors, administrators, and assigns, for the said term of 500 years as aforesaid, are so limited to them, upon trust that they the Upon trust to said V. W. V. and T. S, or the survivor of them, for M. G. B. or the executors or administrators of such survivor, do and shall, as soon as conveniently may be after the decease of the said M. G. B, or in his life-time, either by selling or mortgaging all or any part of the farms, lands, tithes, and hereditaments, comprised in the said term of 500 years, for all or any part of the same term; or by, with, and out of the rents and profits of the same farms, lands, tithes, and hereditaments; or by making entries thereon, and taking the rents and profits thereof; or by all and every or any one or more of the said ways and means, or by any other lawful and reasonable ways and means whatsoever, levy and raise the sum of £10,000, and interest for that sum, from the day of the decease of the said M. G. B. at and after the rate of £5 for £100, by the year, until payment thereof. And do and shall stand and be possessed of the same sum of £10,000, and the interest thereof, Upon trust for the said M. G. B, his executors, administrators, and assigns, as part of his personal estate.

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