No. XXII.

Conveyance by tenant in tail with consent of protector, for the purpose of barring an entail prior to a conveyance.

1. Parties.

2. Testatum by which tenant in tail, with consent of protector, conveys, &c.

3. Habendum to releasee, to uses, &c.

1. THIS INDENTURE, made the

day of Parties.

A.D. 185, BETWEEN (tenant in tail), of, &c., of the first part, (protector), of, &c., of the second part, and (releasee to uses), of, &c., of the third part: 2. WITNESSETH, that, for the purpose of destroy- Testatum, by ing the estate tail of the said (tenant in tail) in the which the tenant in tail, hereditaments and premises hereinafter described, and with consent intended to be hereby granted and released, and all of protector, estates, rights, titles, interests and powers to take effect conveys, &c. after or in defeasance of such estate tail, and to limit the same to the uses hereinafter declared, the said (tenant in tail), with the consent of the said (protector), testified by his being a party hereto, DOTH by these presents grant and confirm unto the said (releasee), and his heirs, ALL, &c. [HERE DESCRIBE parcels]; and all and singular other the premises comprised in and settled by a certain indenture of release, dated, &c., and made, &c. [HERE SET OUT the deed of settlement], and all rights, members and appurtenances to the said hereditaments belonging, and all the estate, right, title and interest, both legal and equitable, of the said (tenant in tail) therein :

3. TO HAVE AND TO HOLD the said and all and Habendum. singular other the hereditaments and premises hereinbefore described, and hereby granted and released, with their appurtenances, unto the said (releasee) and his heirs, freed and discharged from all estates tail of the said (tenant in tail), and all estates, rights, titles, interests and powers, to take effect after, or in defeasance of, such estate tail, to the uses, upon the trusts, and for the ends, intents and purposes hereinafter declared, (that is to say), to such uses [HERE CONTINUE dower uses, at ante, No. VI., clause 6, p. xix.]

IN WITNESS, &c.

Recital of settlement.

That tenant in tail and

protector are

No. XXIII.

Consent of protector by a distinct deed, enabling the tenant in tail to bar the estate tail and remainders.

1. Recital of settlement creating the entail.

2. That tenant in tail and pro

and

tector are desirous of barring entail.

3. Protector declares consent.

185

1. TO ALL to whom these presents shall come, I, (protector), of, &c., send greeting. WHEREAS by indentures of lease and release, bearing date respectively the days of the indenture of release being made between (protec tor, father of tenant in tail), of the first part; (mother of tenant in tail), of the second part; and (trustees to preserve contingent remainders), of the third part, being a settlement made previously to and in contemplation of a marriage between the said (protector) and (mother), which was afterwards duly solemnized, the hereditaments and premises therein described were limited, after the solemnization of the said intended marriage, to the use of the said (protector) and his assigns for life, with remainder to the use of the said (trustees) and their heirs, during the life of the said (protector), upon trust to preserve contingent remainders, and after his decease to the use of the first and every other son and sons of the said intended marriage successively, in tail mail general, with divers limitations over.

2. AND WHEREAS (tenant in tail) is the eldest son and heir-apparent of the said (protector), and the said desirous of (protector) is desirous of enabling him to dispose of the said hereditaments and premises, and to bar his estate tail therein, and all estates, rights, titles, interests and powers to take effect after or in defeasance of such estate tail:

barring entail.

Protector

declares his consent.

3. Now KNOW YE, that for effectuating the purposes aforesaid, and in exercise of the power as such protector, of and under the said herein-before

recited settlement, I, the said (protector), DO by these presents consent to all and every disposition which the said (tenant in tail) shall from time to time, or at any time hereafter, make of the said hereditaments and premises comprised in the said herein beforerecited settlement, for or upon any uses, trusts, ends, intents, or purposes whatsoever.

IN WITNESS, &c.

Parties.

Recital of contract.

Testatum.

No. XXIV.

Conveyance by father, tenant for life, and his son, tenant in tail remainder, to a purchaser, to uses to bar dover.

1. THIS INDENTURE, made the

day of

A.D. 185 BETWEEN (tenant for life), of, &c., of the first part; (tenant in tail), of, &c., of the second part; (purchaser), of, &c., of the third part; and (dower trustee), of, &c., of the fourth part. [RECITE settlement, as in clause 1, last precedent.]

2. AND WHEREAS the said (purchaser) has contracted with the said (tenant for life) and (tenant in tail) for the purchase of the hereditaments and premises hereinafter described, and intended to be hereby granted and released for an absolute estate of inheritance in fee-simple in possession, free from incumbrances, for the price of 1,000l.

3. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said contract, and for the purpose of defeating and destroying the estate tail of the said (tenant in tail) in the said hereditaments, and all estates, rights, titles, interests and powers, to take effect after or in defeasance of such estate tail, and also in consideration of the sum of 1,000l. sterling, paid by the said (purchaser) to the said (tenant for life) and (tenant in tail) on the execution hereof, the receipt of which the said (tenant for life) and tenant in tail) hereby acknowledge, and therefrom do and each of them doth by these presents release the said (purchaser), his heirs, executors, administrators, and assigns, for ever, the said (tenant for life) DOTH by these presents grant and release, and the said (tenant in tail), (with the consent and concurrence of the said (tenant for life), testified by his being a party hereto), DOTH by these presents release and confirm unto the said (purchaser) and his heirs, ALL, &c.

Here descriBE parcels, INSERT general words, allstate clause, and all-deeds clause. [HABENDUM to lower uses, ut ante, No. I., clauses 5, 6, 7, pp. ii., iii.]

that they

convey.

4. AND the said (tenant for life) and (tenant in tail) Covenant lo hereby for themselves, their heirs, executors, and from vendors administrators, jointly and severally covenant, pro- have good mise and agree with and to the said (purchaser), his right to heirs and assigns, that (notwithstanding any act or thing done or permitted by them to the contrary), they, the said (tenant for life) and (tenant in tail), or one of them, now have or hath in themselves, or himself, good right, full power, and lawful and absolute authority by these presents to grant and release the said hereditaments and premises, hereby granted and released, with their appurtenances to the uses and manner aforesaid.

5. AND ALSO that (notwithstanding any such act or For quiet enjoyment. or things as aforesaid) the same hereditaments and premises shall or may be held and enjoyed accordingly, without let, suit, eviction, ejection, interruption, molestation, or disturbance, of or by the said (tenant for life) or (tenant in tail), or either of them, or any other person whomsoever rightfully claiming, or to claim by, from, through, under, or in trust for them or either of them, or through or under the said hereinbefore recited indenture of settlement.

brances.

6. AND that freely, clearly, and absolutely indemni- Freedom fied by the said (tenant for life) and (tenant in tail), and from incumeach of them, their, and each of their heirs, executors or administrators, from and against all former and other estates, rights, titles, liens, charges and incumbrances whatsoever made or created by the said (tenant for life) or (tenant in tail), or either of them, or any other person or persons whomsoever, rightfully claiming by, from, through, under, or in trust for them, or either of them, or by or through their, or either of their acts, deeds, defaults, privity, or pro

curement.

7. AND MOREOVER that the said (tenant for life) and For further (tenant in tail), and all persons whomsoever rightfully assurance. claiming any estate or interest, legal or equitable, in the said hereditaments and premises hereby granted and released, or any part thereof, under or in trust for them, or either of them, shall and will, from time to time, and all times hereafter, at the request and costs of the said (purchaser), his appointees, heirs or