freedom brances, ther assur ances. ADVOWSON, expressed and intended so to be, with the appurtenances, and present to the church of aforesaid, from time to time, when and as often as the same from time to time shall become vacant, without the let, suit, trouble, denial, eviction, interruption, claim and demand whatsoever, of or by the said A. B., or his heirs, or of or by any other person or persons lawfully or equitably claiming or to claim by, from or under, or in trust for from incum- him, them or any of them: AND THAT free and clear and freely and clearly and absolutely acquitted, exonerated and released or otherwise by the said A. B., his heirs, executors and administrators, well and sufficiently saved, defended, kept harmless and indemnified, of, from, and against all other estates, titles, troubles, charges, debts and incumbrances whatsoever, either already or to be hereafter had, made, executed, occasioned or suffered by the said A. B., or his heirs, or by any person or persons, lawfully claiming or to claim by, from, or under, or in and for fur- trust for him, them or any of them: AND FURTHER THAT he the said A. B. and his heirs, and all and every other persons or person, having or claiming, or who shall or may have or claim, any estate, right, title or interest, at law or in equity, in, to, or out of the said rectory, advowson, lands, hereditaments and premises, hereby granted or otherwise assured, or expressed and intended so to be, or any of them, or any part thereof, by from or under or in trust for him the said A. B., or his heirs, shall and will, from time to time, and at all times hereafter, upon the reasonable request and at the costs and charges of the said C. D., his heirs or assigns, make and perfect or cause to be made and perfected, all such further and other lawful and reasonable acts, deeds, things, devices, conveyances and assurances in the law whatsoever, for the further, better, more perfectly and absolutely granting, conveying and assuring of the said advowson, hereditaments and premises hereby assured, or expressed and intended to be, and every part thereof, with their appurtenances, unto and to the use of the said C. D., his heirs and assigns in manner aforesaid, and according to the true intent and meaning of these presents, as by the said C. D., his heirs or assigns, or his or their counsel in the law shall be reasonably devised, advised and required. IN WITNESS, &c. for sale of tation. A. B., of &c. [grantor], of the one part, and C. D., of &c. same shall become void by the death, resignation or deprivation of the present incumbent thereof, or otherwise howsoever : tion. grants, next presen tation, vendor, TO HAVE AND TO HOLD the same unto the said C. D. his execu- to purchaser. chaser may vacancy. NEXT PRESENTATION. shall and may peaceably and quietly hold and enjoy the said parsonage and rectory, and all the benefits and profits thereof, without the lawful, let, suit, trouble, denial, eviction, interruption, claim and demand whatsoever of or by the said A. B., his heirs or assigns, or any other person or persons whomsoever, any estate, right, title or interest claiming, or to claim in or to the said advowson or right of presentation. AND THAT free and clear: [Covenants for freedom from incumbrances, and for further assurance. See supra, p. 168.] IN WITNESS, &c. MERGER Parties. Recite award. No. XXXV. MERGER of RENT CHARGES in lieu of TITHES (a). TO ALL CONCERNED, WE A. B., of &c., and C. D., of &c. [proprietors of lands], send greeting: WHEREAS, by an award made in pursuance of the act for the commutation of tithes in (a) Under the 6 & 7 Wm. 4. c. 71. s. 71. and the 1 & 2 Vict. c. 64. ss. 1 & 3. a tenant in fee or in tail in possession of tithes, or commutation rent charge in lieu of tithes, or any person having power to acquire a fee simple therein, or the tenant for life in possession of both lands and tithes, can, by deed to be approved by the commissioners and confirmed under their seal, merge the tithes, or commutation rent charge, in the land out of or in respect of which they issue. By the 1st sect. of 2 & 3 Vict. c. 64. all charges on tithes which are merged under the acts, are to have priority over any charges on the lands at the time of the merger. The 6th sect. of 2 & 3 Vict. c. 62. authorizes the merger of the tithes of glebe land, where the glebe and the tithes belong to the same person in virtue of his benefice; and under the 19th sect. of 9 & 10 Vict. c. 73. all powers relating to the merger of tithes or rent charge instead thereof, may be executed by any person entitled in equity to the same, but so that all the charges on the tithes shall be prior and primary charges on the lands and the owners thereof for the time being. To remove all doubts on the subject, it is enacted by the 1 & 2 Vict. c. 64. s. 4. that the provisions of the acts in relation to merger, shall extend to copyholds. England and Wales, and duly confirmed on the day of the tithes of the parish of L., in the county of were commuted, and a rent charge of the annual sum of £5 was awarded to be paid to of the parish of - in the said county of, yeoman, his heirs or assigns, or to the persons entitled in remainder or reversion after him, instead of the impropriate tithes arising from certain lands of the said parish of L., of the estimated quantity, in statute measure, of 15 A. 1 R. 16P. AND WHEREAS, by the instrument of apportionment of the rent charge awarded to be paid in lieu of the tithes of the said parish of L., and also duly confirmed on the MFRGFR OF RENT CHARGE. lands by the day of the said rent charge of £5 has been charged upon the lands particularly described in the said apportionment, and on the plan thereto annexed, numbered respectively 1481, 1487, 1486, 1555, 1558, 1559 and 1570. AND WHEREAS the Seisin of said C. D. is seised of an estate in possession in fee simple of the different impropriate tithes so commuted as aforesaid, and of so much of proprietors. the said rent charge of £5 as was awarded in lieu thereof, arising from the said lands numbered 1481, 1487 and 1486 respectively, and is seised in fee according to the custom of the manor of L., in the county of, of the said lands numbered 1481, 1487 and 1486. AND WHEREAS the said A. B. is seised of an estate in possession in fee simple of the said lands numbered 1555, 1558, 1559 and 1570 respectively, and is also seised of an estate in fee simple, in possession of the impropriate tithes thereof so commuted as aforesaid, and of so much of the said rent charge of £5 as was awarded in lieu thereof. NOW THEREFORE, Merger by we the said A. B. and C. D., according to our respective rights and interest therein, do hereby respectively declare it to be our will and intent THAT THE SAID RENT CHARGE of £5 shall hence- of rentcharge. forth be absolutely merged and extinguished in the freehold and inheritance of the lands, in respect of which the said rent charge was beretofore payable, and upon which it has been charged as aforesaid in and by the said instrument of apportionment. IN TESTIMONY whereof we have hereunto subscribed our names and affixed our seals this day of ——, 1855. proprietors. SHARE IN RESIDUARY PERSON ALTY. Parties. Testamen tary gift of residuary estate, to vendor and another equally. No. XXXVI. ASSIGNMENT of a SHARE in RESIDUARY PERSONAL day of BE THIS INDENTURE, made the TWEEN A. B. of &c. [vendor], of the one part, and C. D. of &c. and E. F. of &c. [purchasers], of the other part. WHEREAS G. H. late of &c., by his last will and testament in writing, bearing date the day of, after making divers devises and bequests therein contained, gave, devised and bequeathed All the residue and remainder of his real and personal estate whatsoever and wheresoever, subject to and charged with the payment of his just debts, funeral and testamentary expenses, and the several legacies therein before bequeathed, or to be given or bequeathed by any codicil or codicils to his said will, unto his nephew and the said A. B., their heirs, executors and administrators, according to the nature and quality of such property respectively, to be equally divided between them, share and share alike, as tenants in common and not as joint tenants. AND WHEREAS the said testator departed this life on or about the without having in any respect altered or revoked his said will, and the said will was duly proved in the Prerogative Court of the Archbishop of Canterbury, by the executors appointed by the said will, on or about the day of -. AND WHEREAS the said C. D. and E. F. have contracted and agreed with the said A. B. for the absolute purchase of the one moiety or share, to which by virtue of the said recited will the said A. B. is entitled, of and in the residuary personal estate and effects of the said testator deceased, at the price or sum of £—. NOW THIS INDENTURE WITNESSETH that in pursuance of the said Considera- agreement, and in consideration of the sum of £ Testator's death, and probate of will. Contract for purchase of vendor's moiety. tion day of to the said A. B. paid by the said C. D. and E. F., in equal shares on or before the execution of these presents, [the receipt whereof &c.]; he the said A. B. by these presents, doth assign |