No. VIII. TRANSFER OF MORTGAGE WHERE THE ESTATE ORIGINALLY 1. Parties. 2. Recital of deed creating the mortgage of the contingent estate. 3. That the contingent estate has subsequently become absolute by the death of A. B. 5. Of agreement for transfer. 6. Testatum, by which transferror 7. Further testatum, by which mort- 4. Of will, whereby the mortgagor 1. THIS INDENTURE, made the day of A.D. 185 , Parties. BETWEEN (mortgagor), of, &c., of the first part, (transferror) of the second part, and (transferree), of, &c. of the third part. day of in the Recital of deed creating the contingent estate. 2. WHEREAS by indenture dated the year 1847, and made between the said (mortgagor) of the one part, mortgage of the and the said (transferror) of the other part, AFTER RECITING that (J. L.), late of esquire, deceased, had, by his last will, dated the 20th day of June, 1807 (amongst other devises and bequests), devised the hereditaments and premises therein described (being the hereditaments and premises firstly hereinafter described), unto and to the use of his only daughter (A. B.), and her heirs; but with a proviso, that if she should die without leaving any No. VIII. children or other lawful issue in the lifetime of his nephew, the Transfer of said (mortgagor), THEN to the use of the said (mortgagor), his Mortgage where heirs and assigns for ever. AND ALSO RECITING that the said the Estate originally testator had died on or about the Mortgaged was day of without a Contingent having altered or revoked his said will, leaving the said (A. B.), Estate, &c. his daughter, and the said (mortgagor) him surviving, and that his said will was duly proved by his said executors therein named, in the Prerogative Court of Canterbury, on the That the contingent estate has subsequently day of next following; AND FURTHER RECITING that the said (A. B.) was then upwards of sixty years of age, and unmarried; AND MOREOVER RECITING that the said (transferror) had agreed to advance the said (mortgagor) the sum of 1,000Z. on the security of his estate and interest in the said hereditaments and premises, IT IS WITNESSED that in consideration of 1,000l. then paid by the said (transferror) to the said (mortgagor), the said (mortgagor) did thereby grant, release and confirm unto the said (transferror), and his heirs, ALL THAT the said contingent estate and interest of him the said (mortgagor) expectant on the decease of the said (A. B.), of and in the said hereditaments and premises firstly hereinafter described; TO HOLD the same, with the appurtenances (subject as thereinbefore mentioned), unto and to the use of the said (transferror), and his heirs and assigns for ever, subject to a proviso for redemption on payment by the said (mortgagor), his heirs, executors, administrators, or assigns, unto the said (transferror), his executors, administrators, or assigns, of the sum of 1,000l. and interest, at the rate of 51. for every 1007. by the year, on a certain day therein mentioned and since past. day of 3. AND WHEREAS the said (A. B.) died on the last without leaving any children or other lawful issue whereby become absolute the contingent estate or interest of him the said (mortgagor) by the death of expectant on the decease of the said (A. B.) in his lifetime, A. B. Of will whereby mortgagor became entitled without leaving any such children or lawful issue as aforesaid, became an absolute and indefeasible estate of inheritance in fee simple in possession, subject to the said herein before recited mortgage. 4. AND WHEREAS the said (A. B.) by her last will dated the , amongst other devises and bequests, devised day of the hereditaments and premises secondly hereinafter described, day of No. VIII. Transfer of Mortgage where the Estate originally Mortgaged was a Contingent Estate, &c. to an estate not included in the former mortgage. Of agreement 5. AND WHEREAS the said (mortgagor) is desirous to pay off the said mortgage debt of 1,000l. and to borrow the further sum for transfer, &c. of 5,000l. for his other occasions, upon the security of the said mortgaged hereditaments and premises, as also of the hereditaments and premises secondly hereinafter described, and hath requested the said (transferree) to advance him the sum of 6,000. for these purposes, which the said (transferree) has consented to do. which trans mortgagor first mortgage. 6. NOW THIS INDENTURE WITNESSETH, that in pursuance of Testatum, by the said agreement and in consideration of the sum of 1,000l. ferror and sterling paid by the said (transferree) to the said (transferror) on convey premises the execution of these presents (at the request and by the direction comprised in of the said (mortgagor), testified by his being a party hereto), the receipt of which, and that the same is in full satisfaction and discharge of all moneys owing to him under or by virtue of his said mortgage security, the said (transferror) hereby acknowledges, and therefrom doth release and for ever discharge the said (transferree), his heirs, executors, administrators and assigns, and also the said (mortgagor), his heirs, executors, administrators and assigns; AND ALSO in consideration of the further sum of 5,000l. sterling, at the same time as aforesaid paid by the said (transferree) to the said (mortgagor), the payment and receipt in manner aforesaid of which said two several sums of 1,000l. and 5,000l., making together the sum of 6,000l., the said (mortgagor) doth hereby acknowledge, and therefrom doth release and for ever discharge the said (transferree), his heirs, executors, administrators and assigns. HE the said (transferror), (at the request and by the direction of the said (mortgagor), testified as aforesaid), DOTH by these presents grant, release and convey; AND the said (mortgagor) DOTH by these presents grant, release and confirm unto the said (transferree), and his heirs, ALL, &c. [DESCRIBE parcels comprised in mortgage, AND No. VIII. INSERT similar general words to those contained in the mortgage deed.] Transfer of AND ALL the estate, right, title and interest, both legal and Mortgage where the Estate equitable, of them the said (transferror) and (mortgagor) therein, originally TOGETHER with all deeds, evidences and writings relating to the Mortgaged was a Contingent title of the said hereditaments and premises, in the custody or Estate, &c. power of the said (transferror) and (mortgagor), or either of them, or which the said (mortgagor) can procure without suit. [INSERT habendum clause, ut ante, No. II., clause 4, p. 346.] Further testatum by which mort gagor conveys property subsequently acquired. Appointment of a receiver. 7. AND THIS INDENTURE ALSO WITNESSETH, that in further pursuance of the said agreement, and for the considerations aforesaid, HE the said (mortgagor) DOTH by these presents grant, release, convey and confirm unto the said (transferree) and his heirs, ALL, &c. [DESCRIBE parcels devised to mortgagor by A. B.'s will, AND INSERT general words; all-estate clause, and all-deeds clause, ut supra; ALSO, habendum clause, proviso for redemption and power of sale in default; foreclosure clause; and all usual mortgage covenants, ut ante, Section II., No. I., clauses 7 to 18 inclusive, pp. 33 to 40.] 8. AND THIS INDENTURE FURTHER WITNESSETH, that for the more perfectly and satisfactorily securing the repayment of the said sum of 6,000l. and interest so lent and advanced by the said (transferree) to the said (mortgagor) as aforesaid, THEY the said (transferree), and (mortgagor), on the nomination of the said (transferree), DO by these presents appoint the said (receiver) to be the bailiff, agent, attorney, collector and receiver of him the said (transferree), and in the name or names of him the said (transferree), his heirs, executors, administrators and assigns, to ask, demand and receive of and from all and every the present and future tenants and occupiers of all and singular the hereditaments and premises firstly and secondly hereinbefore described, and hereby granted and released, all and every the rents, issues and profits now due, or from time to time hereafter to become due, for and in respect of the same hereditaments and premises, and, in default of payment thereof, to use, employ and pursue all such remedies by distress, entry and all such other lawful acts as shall be deemed expedient for receiving, recovering and enforcing the due payment of such rents, issues and profits. AND the said (transferree) and (mortgagor) DO by these presents respectively require the said several tenants and occupiers of all and singular the said hereditaments IN WITNESS, &c. No. VIII. Transfer of Estate Mortgage where originally Mortgaged was a Contingent Estate, &c. |