Page images
PDF
EPUB

BY TENANT

REMAINDER

WITH CON

SENT OF PROTECTOR.

Agreement

to consent.

Grant of

parcels subject to uses of will, with consent of protector.

A. B., of and in the said hereditaments now subject to the

IN TAIL IN subsisting uses of the said will, and all remainders, reversions, estates, rights, titles, interests and powers to take effect after the determination or in defeazance of such estates tail, and the said C. D., as protector of the said settlement, hath agreed to by protector join in these presents for the purpose of giving his consent to the disposition hereby made by the said A. B.: NOW THIS INDENTURE WITNESSETH, that for effectuating the said desire, he the said A. B., with the consent of the said C. D. (testified by his being party to and executing these presents), doth grant, dispose of and confirm unto the said E. F., his heirs and assigns, ALL AND SINGULAR the said messuages, lands and hereditaments by the said will limited as aforesaid (except such of the same hereditaments as have been sold as aforesaid): AND ALSO ALL AND SINGULAR the said messuages, lands and hereditaments which have been so purchased and are comprised in and have been conveyed by the said recited indenture of the day of, as aforesaid, and are now subject to the uses of the said recited will: AND ALSO ALL OTHER the hereditaments (if any) which in any manner whatsoever are now subject to the subsisting uses of the said recited To hold (sub- Will [general words, and all the estate, &c.]: TO HAVE AND TO HOLD the same hereditaments and premises hereby granted and conveyed, or expressed and intended so to be, with their appurcharged of tenances, unto the said E. F. and his heirs (subject nevertheless and without prejudice to the estate and interest therein of the said C. D. for his own life as aforesaid, and also subject and without prejudice to the other uses or estates (if any) limited by the said will, which are prior to the use or estate thereby limited to the said A. B. in tail male, or any of the powers or privileges to such precedent uses or estates respectively belonging or annexed, or exercisable during the continuance thereof, but freed and absolutely discharged of and from the said estate tail and all other estates tail of the said A. B., and all remainders, reversions, estates, rights, titles, interests and powers to take effect after the determination or in defeazance of such estate or estates tail), to the use of the said A. B., his heirs and assigns for ever. IN WITNESS, &c.

ject to life

estate of pro-
tector) to
grantor in
fee, dis-

estates tail

and remain. ders over.

No. LXXX.

ENTAIL

DEED for barring the ENTAIL in LANDS directed to be
purchased with the MONIES arising from the SALE IN LANDS
of STOCK, and for declaring that the STOCK and
MONIES should not be so invested.

DIRECTED TO BE PURCHASED.

[merged small][merged small][ocr errors][merged small]

L. M., of &c., and N. O., of &c. [trustees of the will of G. H.], of the first part, A. B., of &c. [tenant for life], of the second part, C. D., of &c. [tenant in tail], of the third part, and E. F., of &c. [trustee], of the fourth part: WHEREAS G. H., late of Recite will. -, deceased, duly signed and executed his last will and testament in writing, dated the day of, and thereby (amongst other things) gave and bequeathed a sum of £1500 £3 per cent. Consolidated Bank Annuities, then standing in his name, to the said L. M. and N. O., their executors, administrators and assigns, upon trust to convert the same into money as soon as conveniently might be after his the said testator's decease, and to lay out the monies so to arise as aforesaid in the purchase of freehold lands of inheritance; and the said testator directed that the lands so to be purchased should be conveyed and settled to the use of his wife the said A. B. for her life, and after her decease, to the use of his eldest son the said C. D. in tail male, with divers remainders over: AND Death of tesWHEREAS the said testator departed this life on or about the tator, and day of without having altered or revoked his said will, which was duly proved in the Prerogative Court of the Archbishop of Canterbury: AND WHEREAS no part of the said sum That stock of £1500 £3 per cent. Consolidated Bank Annuities has been the laid out in the purchase of land pursuant to the aforesaid trusts and directions in the said recited will: AND WHEREAS the said Transfer of sum of Bank Annuities was shortly after the death of the said testator transferred into the names of the said L. M. and N. O., and has been standing in their names up to the day of the date of these presents: AND WHEREAS the said C. D. is desirous of Arrangement

probate of

will.

has not been

land.

stock.

between ten

ENTAIL

IN LANDS DIRECTED

TO BE PUR

CHASE D.

ant in tail

and protector.

acquiring an absolute interest in the said sum of £1500 £3 per cent. Consolidated Bank Annuities, subject nevertheless to the life interest therein of the said A. B., freed and discharged from the said trusts or directions for laying out the same in the purchase of lands as aforesaid, and the said A. B. hath consented to join in these presents in manner herein mentioned: AND WHEREAS the said A. B. and C. D. have respectively agreed that the said sum of £1500 £3 per cent. Consolidated Bank Annuities should be assigned to and transferred into the name of the said E. F., to the intent that he, his executors, administrators and assigns, should hold the said Bank Annuities, and the stocks, funds and securities in or upon which the same shall for the time being be invested, and the dividends, interest and annual proceeds thereof, upon and for the trusts, intents and purposes hereinafter expressed and declared of and concerning Subsequent the same: AND WHEREAS, in pursuance and part performance of the said agreement, the said sum of £1500 £3 per cent. Annuities has been this day transferred into the name of the said E. F., and the same is now standing in his name: NOW THIS INDENTURE WITNESSETH that, for effectuating the said desire, and in pursuance and further performance of the Assignment aforesaid agreement, they the said A. B. and C. D. do hereby

transfer of

stock.

of stock.

To hold to trustee.

assign and dispose of unto the said E. F., his executors, administrators and assigns, ALL THAT THE SAID sum of £1500 £3 per cent. Consolidated Bank Annuities, and all and singular the dividends thereof, AND ALL THE ESTATE, right, interest, benefit and advantage of the said A. B. and C. D. respectively in the said Bank Annuities and dividends: TO HOLD the same unto the said E. F., his executors, administrators and assigns and they the said A. B. and C. D. do hereby consent and declare that the said E. F., his executors, administrators and assigns, shall stand possessed of and interested in the said sum of £1500 £3 per cent. Consolidated Bank Annuities, and of and in the stocks, funds and securities in or upon which the same shall from time to time be invested, and of and in the dividends, interest and annual proceeds thereof respectively (absolutely freed and discharged from the trusts or directions for laying out the same annuities, or the monies to arise by the sale thereof, in the purchase of lands as aforesaid, and of and from

ENTAIL

DIRECTED

for life,

the said estate tail, and all other estates tail of the said C. D., and all remainders, reversions, estates, rights, titles, interests IN LANDS and powers to take effect after the determination or in defeazance TO BE PURof such estate or estates tail): IN TRUST to pay the dividends, _CHASED. interest and annual proceeds of the said Bank Annuities, stocks, For protector funds and securities unto, or permit the same to be received by the said A. B. and her assigns for her life; and from and after her decease, IN TRUST for the said C. D., his executors, with remainadministrators and assigns, for his and their own absolute in tail absobenefit. IN WITNESS, &c.

der to tenant

lutely.

No. LXXXI.

IN TAIL IN REMAINDER

TECTOR TO

USES.

CONYEYANCE of an ESTATE by a TENANT IN TAIL in BY TENANT
remainder, with the consent of the TENANT FOR LIFE
(subject to the uses by the SETTLEMENT limited to AND PRO-
take effect prior to the ESTATE TAIL), to such uses
as the TENANT FOR LIFE and TENANT IN TAIL may
jointly appoint, or as the TENANT IN TAIL as the
survivor may appoint, and subject thereto to the
former uses under the original INDENTURE of
SETTLEMENT.

THIS INDENTURE, made the

day of

BETWEEN Parties.

ment cre

entail.

A. B., of &c. [tenant for life], of the first part, E. F., of &c., the eldest son of the said A. B., by C. D. his wife [tenant in tail in remainder], of the second part, and G. H., of &c. [releasee], of the third part [recite indentures of lease and release, of Recite settleand days of -, whereby certain hereditaments were ating the released to A. B. and his assigns for his life, with remainder to C. D., and her assigns for her life, with remainder to the first and other sons of the said A. B. and C. D. successively in tail male, with divers remainders over]: AND WHEREAS in exercise Exercise of of the power of sale and exchange contained in the said recited and exindenture of release and settlement, part of the said heredita

power of sale

change.

REMAINDER

USES.

Tenant in tail with consent of protector is

barring entail.

day of

[ocr errors]

BY TENANT ments situate in the county of therein comprised, have IN TAIL IN been sold, and the monies arising from such sale have been laid AND PRO- out in the purchase of other estates and hereditaments which TECTOR TO have been conveyed and limited to the subsisting uses of the same indenture of release and settlement by the indenture next hereinafter recited [recite indenture by which the purchased hereditaments are limited to the uses of the said indenture of settlement] AND WHEREAS the said E. F. is the first and eldest son of the said A. B. by the said C. D. his wife, and attained the age of twenty-one years on or about the day of- -: AND WHEREAS the said E. F., with the consent of the said A. B., as desirous of protector of the settlement created by the said recited indenture of release and settlement and the said hereinbefore recited indenture of the -, is desirous of barring the estate in tail male in remainder of him the said E. F. in all such of the said hereditaments comprised in the said indenture of settlement as now remain unsold, and also in all and singular the hereditaments comprised in the said recited indenture of the day of -, and in all other hereditaments which under or by virtue of the said several recited indentures respectively or otherwise are now subject to the uses and limitations of the said indenture of settlement, and all estates, rights, titles, interests and powers to take effect after the determination or in defeazance of such estate in tail under or by virtue of the said recited indentures, or either of them, or otherwise howsoever, and for that purpose the said E. F. is desirous of making and executing the disposition and assurance hereinafter contained: And the said A. B. and E. F. have agreed that, subject and without prejudice to the uses, estates, ments should charges and limitations which precede or have priority to the said estate in tail male of the said E. F., the said estate and hereditaments shall be limited and settled to the uses, upon and for the trusts, intents and purposes, and with, under and subject to the provisoes, limitations, declarations and agreements hereinafter mentioned or referred to: NOW THIS INDENTURE WITNESSETH, that for effectuating such desire as aforesaid, and in order to defeat, bar and destroy the estate tail of the said E. F. in the hereditaments hereinafter mentioned or referred to, and intended to be hereby conveyed, and all

And agree

ment that heredita

be settled as hereinafter mentioned.

« PreviousContinue »