of

last.

Now THIS INDENTURE WITNESS- Witnesseth. ETH, that they the said E. F. and G. H. do hereby, Appointment

of new trus

in exercise of the aforesaid power in this behalf, tee. appoint the said L. M. to be a trustee of the said will of the said A. B. in the place of the said I. K. AND THIS INDENTURE ALSO WITNESSETH, that, Conveyance. in obedience to the aforesaid directions in this behalf, they the said E. F. and G. H. do hereby grant unto the said L. M. and his heirs ALL THAT the said real estate and premises by the said will of the said A. B. devised unto the said E. F., G. H., and I. K., their heirs and assigns, upon trust as aforesaid, with the rights, easements, and appurtenances, and all the estate and interest of them the said E. F. and G. H., and each of them, in the premises, TO HOLD the said premises Habendum. UNTO the said L. M. and his heirs, TO THe use of the said E. F., G. H., and L. M., their heirs and assigns, UPON THE TRUSTS, and with the powers, upon and with which the same ought to be held by virtue of the said will. AND THIS INDENTURE Assignment of personalty ALSO WITNESSETH, that, in obedience to the afore- to provisional said direction in this behalf, they the said E. F. and G. H. do hereby assign unto the said N. O., his executors, administrators, and assigns, all the said personal estate of the said A. B., by the said will bequeathed unto the said E. F., G. H., and I. K., their executors, administrators, and assigns, and now vested in the said E. F. and G. H., and all the estate and interest of them the said E. F. and G. H., and each of them, in the premises, TO Habendum in

trustee.

trust to re

assign to continuing and

new trustees.

of mortgage estates.

HOLD the said premises UNTO the said N. O., his executors, administrators, and assigns, UPON TRUST, forthwith to assign the same unto the said E. F., G. H., and L. M., their executors, administrators, and assigns, upon the trusts, and with the powers, upon and with which the same ought Conveyance to be held by virtue of the said will. AND THIS INDENTURE ALSO WITNESSETH, that, in obedience to the aforesaid directions in this behalf, they the said E. F. and G. H. do hereby grant and convey unto the said L. M., and his heirs, ALL the freehold hereditaments which were vested in the said testator at his death upon mortgage, with their rights, easements, and appurtenances, TO HOLD the said premises UNTO the said L. M. and his heirs, TO THE USE of the said E. F., G. H., and L. M., their heirs and assigns, subject to the equity of redemption now subsisting therein, respectively (a). [Covenant by E. F. and G. H., with L. M., against incumbrances, supra, p. 112.]

Habendum

to the use of continuing

and new trustees.

IN WITNESS &c.

(a) The copyholds must be surrendered in like manner. A covenant to that effect may be introduced into the deed.

XLVI.

RE-CONVEYANCE and RE-ASSIGNMENT by
the provisional Trustee, (to be indorsed
on the last Deed).

THIS INDENTURE, made &c., BETWEEN the Parties.
within-named N. O. [provisional trustee], of the
one part, and the within-named E. F., G. H., and

by provisional

personal

L. M. [trustees], of the other part, WITNESSETH Witnesseth. that, in pursuance of the trust by the within- Assignment written deed reposed in the said N. O., he the trustee of the said N. O. doth hereby assign unto the said estate. E. F., G. H., and L. M., their executors, administrators, and assigns, ALL the personal estate by the within-written indenture assigned unto the said N. O., his executors, administrators, and assigns, AND ALL the estate and interest of the said N. O. in the said premises, TO HOLD the said premises unto the said E. F., G. H., and L. M.,

their executors, administrators, and assigns, UPON THE TRUSTS, and subject to the powers, upon and subject to which the same ought to be held by virtue of the within-mentioned will. IN WITNESS &c.

Habendum to

the continu

ing and new

trustees,

upon the

trusts of the will.

Disentailing Deeds.

Parties.

Witnesseth, that, to bar

tenant in tail conveys.

XLVII.

DEED by TENANT in TAIL in POSSESSION to BAR the ENTAIL of Freeholds, the Creation of the Entail not being recited. THIS INDENTURE, made &c., BEtween A.B., of &c. [tenant in tail ], of the one part, and C. D., of &c. [grantee to uses], of the other part, wIT

his entail, the NESSETH, that, for barring and defeating every estate in tail, either at law or in equity, of the said A. B. in the hereditaments intended to be hereby conveyed, and all remainders, reversions, estates, rights, titles, interests, and powers to take effect after the determination or in defeasance of every such estate in tail, he the said A. B. doth hereby grant unto the said C. D., and his heirs, ALL the freehold manors, messuages, lands, and hereditaments in the parish of in the county of

Parcels.

-, or any parish or place adjoining thereto, of or to which the said A. B. is seised or entitled, at

law or in equity, for any estate in tail [general Habendum. words, and estate clause, supra, p. 97], TO HOLD

the said premises unto the said C. D. and his

heirs, TO THE USE of the said A. B., his heirs and assigns. IN WITNESS &c.

XLVIII.

DEED by TENANT in TAIL, with the Consent
of the PROTECTOR, to BAR an ENTAIL

of Freeholds.

THIS INDENTURE, made &c., BETWEEN C. B., Parties. [tenant in tail], of the first part; A. B., of &c. [protector], of the second part; and E. F., of &c. [grantee to uses], of the third part. WHEREAS, Recital of by an indenture dated the

expressed to be made between

day of

creation of

and the entail;

[parties], certain

manors, messuages, lands, and hereditaments in and in the county of

the parishes of

in the said indenture described or referred to, were limited to certain uses, which have now failed or determined, and, after the failure or determination thereof, to the use of the said A. B., and his assigns, during his life, without impeachment of waste; with remainder, to the use of certain persons and their heirs, during the life of the said A. B., in trust for him and his assigns, and to preserve the contingent remainders; with remainder, to the use of the first and other sons of the body of the said A. B. successively, according to their respective seniorities, in tail; with remainders over. AND WHEREAS some of the he--of changes reditaments comprised in the aforesaid indenture have been sold and given in exchange under a

in the estates;