term. cesser of the vided always, and it is hereby declared and agreed by and between all the parties to these presents, that when and as soon as all the trusts hereinbefore declared of and concerning the said term of 500 years shall in all respects be fully performed and satisfied, and the said V. W. V. and T. S, and each of them, their and each of their executors, administrators and assigns shall be fully reimbursed and satisfied all costs, charges, and expences, if any, to be occasioned by, or relating to the trusts hereby reposed in him and them as aforesaid, the said term of 500 years, as to such and so many and such parts of the said farms, lands, tithes, and hereditaments comprised therein as shall not be sold or mortgaged for the purposes aforesaid, shall cease and be void, to all intents and purposes whatsoever; and as to such and so many and such parts of the same farms, lands, tithes, and hereditaments as shall have been mortgaged for the purposes aforesaid, the same term shall, subject to such mortgage or mortgages, attend, wait upon, and go along with, the reversion, freehold, and inheritance of the farms, lands, tithes, and hereditaments, to be comprised in the same mortgage or mortgages respectively. That if the Provided also, and it is hereby further declared in the life-time and agreed by and between the parties to these he shall keep presents, as far as they respectively are interested, down the in- that if the said sum of £10,000, or any part terest during his life. of the same, shall be raised in the life-time of the said M. G. B, he the said M. G. B. shall from time to time keep down, discharge, and pay, all the interest which shall accrue or become due in his life-time, for the same sum, or such part or sum is raised of M. G. B. shall be made parts thereof as shall be raised as aforesaid. Pro- That no sale vided also, and it is hereby further declared and in the life-time agreed by and between the parties to these pre- of M. G. B. sents, as far as they respectively are interested, that no such sale as aforesaid shall be made in the life-time of the said M. G. B. Nor shall any nor after his such sale be made at any time after his decease, out a year's death, withwithout one year's notice in writing, requiring the notice. payment of the said sum of £10,000 and the interest thereof; nor until the default shall be made in payment of the same in pursuance of such notice. And it is hereby further declared and That the charge of any agreed by and between the said parties to these mortgage presents, as far as they respectively are interested, made in the that the costs, charges, and expences of, and M. G. B. shall be borne by attending all and every mortgage or mortgages to be made in the life-time of the said M. G. B, for the purpose of raising the said sum of £10,000 and the interest thereof, shall be borne and defrayed by the said M. G. B, his executors, administrators, or assigns. Here were added clauses of indemnity to purchasers and mortgagees. life-time of him. FORM XV. HABENDUM to himself and Uses declared of a Recovery, suffered by a Daughter Tenant in Tail in Remainder, for the Time being, whose Estate was liable to be postponed by the Birth of a Son; confirm ing all prior Estates. TO HAVE AND TO HOLD the said manor, &c. joint lives of and all and singular other the premises, hereby the daughter. released, &c. and every part and parcel of the same, with their and every of their rights, royalties, members, and appurtenances, unto and to the use of the said A. B. and his assigns, during the joint natural lives of the said A. B. and F. To make him E. B. TO THE INTENT that the said A. B. may præcipe, &c. be tenant, &c. [Common recovery clause.] To DECLARA- ENURE, &c. To the use, intent, and purpose, to TION that the tenant to the enure, To confirm the estate of a tenant for life, and the powers annexed thereto; recovery shall restore, confirm, and give effect to the said estate for the life of the said R. H. B, and all powers and privileges annexed to that estate, And to the further use, intent and purpose, to confirm and establish all the other uses and estates, except the estate-tail of the said F. E. B, which were and all other respectively limited by the said hereinbefore in prior to the part recited indentures of lease and release, prior remainder in to the ultimate remainder in fee limited to the fee, except the estate-tail; said R. B. and to his heirs, And also to restore and confirm all powers and authorities, which, by nexed to the virtue of the same indentures, are annexed to such prior uses and estates, or are exerciseable in estates, and the powers an same estates. respect, or during the continuance of the uses and estates, so being prior to the said ultimate remainder in fee to the said R. B. And subject to the And subject thereto, such person, estates and interests so confirmed or restored as aforesaid, and also subject to such powers and authorities as aforesaid, the said manor, messuages, &c. with their and every of their rights, royalties, members, and appurtenances, shall, (in lieu of the said estate-tail of the said F. E. B, and the remainders and reversions expectant on that estate, and as a substitution for the same estatetail, remainders, and reversions,) remain and be To the use of such person or persons, for such es-To the use of tate or estates, and for such interest or interests, &c. by way of annuity, rent-charge, or otherwise, and in such parts, shares, and proportions, and upon such trusts, and for such ends, intents, and purposes, and 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 as the daughagreements, as the said F. E. B. at any time or times, and from time to time, after the death of the said R. H. B. and A. his wife, and of the (after the decease of R. survivor of them; or in the life-time of the said H. B, and A. R. H. B. with his consent in writing; or after his wife, or in the death of the said R. H. B. and in the life-time time, with his or her of the said A. B, with her consent in writing; by consent,) any deed or deeds, to be sealed and delivered by shall by deed her in the presence of one, two, or more credible witness or witnesses, shall direct, limit, or appoint. And in default of such direction, limita- In default of tion, and appointment; and in the mean time, appointment, ter, his or her life appoint 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 so directed, limited, or appointed, by the To the use of said F. E. B, then To the use of the said F. E. B. the daughter and the heirs of her body lawfully to be begotten. Remainder, And in default of such issue, To the use of the To the use of survivor of them, the said R. H. B, and A. B. of the daugh- his wife, and the said F. E. B, his or her heirs and in tail. the survivor ter and R. H. B. and A. his assigns for ever. PROVIDED ALWAYS, and not as against the daughter entitled to her wife, in fee. withstanding any thing hereinbefore contained, PROVISO that, and also notwithstanding the said recovery to be issue male of suffered as aforesaid, the right of the said F. E. the marriage, B. to her portion, to be raised under the trusts of shall remain the said term of 500 years, shall remain in full portion under force, against any son or sons, or other issue male, of the said marriage. But the same portion But the same shall be, and shall be considered as extinguished tinguished as against all persons who, for the time being, shall against per- be intitled to the said manor and other hereditasons claiming the trusts of a term. shall be ex sent settlement. under the pre-ments under the settlement hereby made thereof. But the same portion, if once payable, and actually paid, shall not be liable to be refunded. Nor shall the stipulations or declarations hereinbefore contained preclude the said F. E. B, her executors, administrators, or assigns, from the right of having the said portion raised at any time after the birth, and during the continuance of issue male, in the same manner as the same might have been raised in case no recovery had been suffered, or in case these presents had not been executed. In witness, &c. |