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ties, qualities, and other descriptions as aforesaid, against the said W. B.; and for the said W. B. to recover in value against the said T. B. and E. his wife, B. C. and M. S.; and for the said T. B. and E. his wife, B. C. and M. S, to recover in value against the common vouchee, as is usual in such cases. And that upon all and every recovery and recoveries to be suffered as aforesaid execution may be sued and prosecuted by, and seisin had, taken, and delivered unto the said C. R, or other demandant or demandants, accordingly. And that every other act or thing needful, requisite, or proper to be done or executed for the purpose of suffering and perfecting a common recovery or recoveries of those parts or shares of the said messuages or tenements, lands, and hereditaments, which are hereby released, or otherwise assured or intended so to be, to bar the es- with double, treble, or other voucher, to dock tates-tail, &c. the estates-tail of the said T. B, B. C. and M. S, of and in the same parts or shares, and all reversions and remainders over and expectant upon the same estates-tail, and to extinguish the dower, right, and title of dower of the said E. B, may be made, done, and executed. And by way that recovery of direction and declaration, and not of covenant, it is hereby granted, declared, and agreed, by and between the parties to these presents, as far as they respectively are interested, and they hereby for themselves severally and respectively, and for their several and respective heirs, executors, and administrators, according to their respective estates, rights, and interests in the premises, consent and agree, that the recovery hereby agreed

and extinguish dower. DIRECTION

shall be suf

fered.

that the re

to be suffered, shall be suffered and perfected, with all possible dispatch; and that they respec- and that partively, and their respective heirs, on their respec-effect to the ties will give tive parts, will use their utmost endeavours to same. give effect to the same recovery and also to these presents, and the grant, release, confirmation or other assurance hereby made. AND IT IS HERE-DECLARATION BY FURTHER DIRECTED, declared, and agreed, covery, by and between all the parties to these presents as far as they respectively have any right, title or interest in the premises, that immediately upon and after judgment obtained, and seisin had and taken upon such recovery or recoveries as aforesaid, the recovery or recoveries SO aforesaid, or in any other manner, or at any other time or times to be suffered; and also the gain and sale for a year, bearing date on the next before the day of the date of these presents; and also these presents, and the assurance hereby made; and all and every other fine and fines, re- and all other fines, &c. covery and recoveries, and other assurances

as

bar-and the lease

for a year,

day and the pre

whatsoever, at any time or times heretofore, and to be any time, and from time to time hereafter had, made, done, levied, suffered, executed, and perfected, of or concerning all or any part of those parts or shares of the said messuages, lands, and hereditaments which are hereby released, or otherwise assured, or intended so to be, either by themselves solely and alone, or jointly and together with any other part of the same messuages, lands, and hereditaments, or jointly and together with any other lands, tenements, or hereditaments, by or between all and every, or any or either of the persons who are parties to these presents, or to

sent deed,

shall enure,

and persons shall stand seised.

As to one sixth part (being the

which they, or any or either of them, is or are, of shall or may be parties or privies, or a party or privy, shall, as to all the said parties to these presents respectively, as far as they respectively can lawfully or rightfully direct the uses of the same fine and fines, common recovery and recoveries, and other assurances, be and enure, and be adjudged, expounded, deemed, decreed, and taken to be and enure, and that the same was and were meant and intended, and is and are hereby directed and declared to be and enure; and also that the person and persons to whom the said fine or fines, common recovery or recoveries, and other assurances respectively, have or hath been, or shall or may be levied, suffered, made, and executed, shall stand and be seised, As to, for, and concerning one of the said three undivided sixth parts, (being share of T. B.) the part or share of the said T. B,) of and in the said messuages, lands, and hereditaments, with To the use of the rights, members, and appurtenances, To the use &c. as T. B. of such person or persons, for such estate or estates, and for such interest or interests, by way of annuity, rent-charge, or otherwise, and in such parts, and proportions, and upon such trusts, and for such ends, intents, and purposes, and charged and chargeable in such manner, and either absolutely or conditionally, and subject to such powers of revocation and of new appointment, and other powers, provisoes, conditions, restrictions, limitations, declarations and agreements, as the said T. B. at any time or times, and from time to time, by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by him in the presence of two or more credible

such persons,

shall by deed appoint.

witnesses, and attested by the same witnesses, shall direct, limit, or appoint. And in default of for default of appointment. such direction, limitation, and appointment, and in the mean time and from time to time until the same shall take effect, and from time to time. subject to such uses, estates, trusts, charges, and interests as shall have been directed, limited, or appointed by the said T. B.; then To the use of To the use of T. B. for life. the said T. B. and his assigns for and during the term of his natural life. And from and after the Remainder, determination of that estate by any means, then

C. R. for life

T. B. In trust for

T. B. and to

pre-prevent

To the use of the said C. R. his heirs and assigns, To the use of during the natural life of the said T. B.: Upon of T. B. trust for, and for the sole benefit of, the said and his assigns; and to the intent that the sent or any future wife of the said T. B. not be entitled to dower. And from and after Remainder, the determination of the estate hereby limited to the use of the said C. R. his heirs and assigns,

may

dower,

T, B. in fee,

for the life of the said T. B.; then To the use ofTo the use of the said T. B. his heirs and assigns for ever. And as to, for, and concerning one other of the As to another sixth part said three undivided sixth parts, (being the un- (being the divided part or share of the said B. C,) of and in share of B. C.) the same messuages, lands, and hereditaments, with the rights, members, and appurtenances,

parts,

B. C. in fee.

remaining sixth part

M. (being the and share of M.S)

To the use of the said B. C. his heirs and assigns To the use of for ever. And as to, for, and concerning the As to the other of the said three undivided sixth (being the undivided part or share of the said S,) of and in the same messuages, lands hereditaments, with the rights, rights, members, appurtenances, To the use of the said M. S. heirs and assigns for ever. In witness, &c.

and

her To the use of

M. S. in fee.

FORM VIII.

Mode of introducing the Limitation of Uses declared of a Recovery, suffered by some only of several Tenants in Common in tail, with Cross Remainders; so as to preserve the Identity of Title.

A. tenant for life, remainder to her seven children in tail, with cross remainders between them in tail. A. conveyed her interest in the intirety, and five of the seven children their respective shares, to the tenant to the præcipe. The limitation of the use of each share was introduced by the following words:

As to, for, and concerning one undivided seventh part or share, of and in the said messuage, &c. hereby released, &c. (being the one seventh part of which the said K. L. is the first tenant in tail,) And as to, for, and concerning one undivided fifth part or share, of those two seventh parts or shares of the same messuage, &c. of which the said R. L. and E L. (a) are the first tenants in tail, (which shares make together one full fifth part of the intirety) To the use, &c.

(a) These were the two children who were not parties to the recovery and

conveyance.

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