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(B) Variation where an Outstanding Term is assigned or surrendered by the Deed conveying the Inheritance (1).
AND WHEREAS, by indenture, bearing date the day of , which was in the year , and made or expressed to be made, BETWEEN, &c.
the messuages and hereditaments hereinbefore described, were demised unto for the term of years, thence next ensuing, for certain purposes therein expressed, AND which have now long since been fully performed, or otherwise satisfied. AND WHEREAS, by divers mesne assignments and other acts in the law, and particularly by an indenture bearing date the
which was in the year , and made or expressed to be made between, &c.
of the one part, and the said (termor) of the other part, the said hereditaments were assigned unto, or otherwise became vested in the said (termor) for the then residue of the said term discharged thereof. AND WHEREAS the said (purchaser) is desirous that the said term may be assigned (2) to the said (trustee) in trust to attend the reversion and inheritance of the said premises as now vested in him as aforesaid. Now This INDENTURE FURTHER WITNESSETH, that in pursuance of the said request, and in consideration of the sum of 10s. of lawful and current money of England, in hand well and truly paid to the said (termor)
(1) A more proper mode of assigning an outstanding term, however, is by a separate deed-see Vol. I. No. XXVII. p. 404, n. (1); for the form of which assignment see Wilde's Supple
ment, voc. ASSIGNMENT. Term to merge. (2) If the term be intended to be merged, say,
“ Has requested, &c. that the residue now to come of the by the said (trustee) at or immediately before the sealing and PURCHASES. delivery of these presents, the receipt whereof is hereby acknowledged: He the said (termor) by the direction and ap
Wife. pointment of the said (vendor), and at the nomination of the said (purchaser) testified by their severally being parties to and sealing and delivering these presents, (Hath bargained, sold, assigned, transferred, and set over, and by these presents] Doth bargain, sell, assign, transfer, and set over ; And the said (vendor), in consideration of the purchase money so paid to him, as hereinbefore is mentioned [Hath bargained, sold, assigned, ratified, and confirmed, and by these presents] Doth bargain, sell, assign, ratify, and confirm, unto the said (trustee), his executors, administrators, and assigns, ALL, &c. which said messuages, lands, tenements, hereditaments, and premises, are part and parcel of the messuages, lands, tenements, and hereditaments, which are hereinbefore expressed to be granted, released, and conveyed unto or for the said (purchaser) his heirs, “ appointees,” or assigns, by these presents, in the manner aforesaid; and also in and by (or part or parcel of the messuages, lands, tenements, and hereditaments, in and by) the said hereinbefore in part recited indenture of the day of demised to the said
, and since assigned unto, or otherwise become vested in the said (termor) his executors, administrators, and assigns, for the residue of the said term as hereinbefore is mentioned. And all the estate, right, title, interest, term and terms of years, yet to come and unexpired, trust, property, possession, claim, and demand whatsoever, both at law and in equity, or otherwise howsoever, of them the said (termor) and (vendor) respectively, of, in, to, or respecting the same messuages, lands, tenements, hereditaments, and premises, and every or any part thereof (together with the said several hereinbefore in part recited indentures of demise, and assignment, and all benefit or advantage incident or belonging to the same or either of them, or to the covenants
said term of years, in the said lands and hereditaments, may be merged in the reversion and inheritance thereof."
trustee for the
PURCHASES. and agreements therein respectively contained). TO HAVE
AND TO HOLD, the several messuages, lands, tenements, hereWife.
ditaments, and premises, hereby assigned, or mentioned, or
- intended so to be, and every part and parcel thereof, with their To Hold to the respective appurtenances, unto the said (trustee) his exe
cutors, administrators, and assigns, from henceforth, for and
tion shall be made and take effect, and in the mean time subIn trust to
ject thereto, IN TRUST, and to the intent, that the now and attend, &c.
then residue of the said term and estate hereby expressed, or intended to be so assigned, or so much thereof, of which no such assignment or disposition shall be made or take effect, shall and may attend and wait upon the freehold, reversion, and inheritance of the same hereditaments and premises, to and for the sole use and benefit of the said (purchaser), his heirs and assigns, in order that the same may be preserved and kept on foot, and prevented from merger, forfeiture, or other extinguishment thereof, and to protect the messuages, lands, tenements, and hereditaments therein comprised, from and against all subsequent, intermediate, and other incumbrances whatsoever, if any such there be. [And in trust that he the said (trustee) bis executors, administrators, and assigns, shall and do permit and cause the said term and estate, and all lawful and equitable benefit and advantage to be taken or had thereof, or therefrom, to be holden, enjoyed, and disposed of accordingly (1)]. And the said
Term sorrendered to merge.
(1) If the term be intended to be merged, say,
“ Hath bargained, sold, assigned, surrendered, and yielded up, and by these presents both bargain, sell, as
(lermor), for himself, his heirs, executors, and administrators, PURCHASES. doth hereby covenant, promise, declare, and agree, with and to the said (purchaser), his heirs and assigns [in manner
venir following (that is to say)], that he the said (termor) hath not at any time or times heretofore, made, done, executed, com- Covenant by the
termor that he mitted, or knowingly occasioned, omitted, or suffered, or been la party or privy to, any act, deed, matter, or thing whatsoever, bered. whereby, or by reason or means whereof the messuages, lands, tenements, hereditaments, and premises, hereby surrendered, or mentioned or intended so to be as aforesaid, or any part thereof, or any estate or interest therein respectively, are, is, can, shall, or may be, in anywise impeached, charged,
sign, surrender, and yield up unto the said (purchaser) and his heirs, all and singular the messuages or tenements, lands, and hereditaments, in and by the said in part recited indenture of the day of demised to the said
and since assigned to or otherwise become vested in him the said (termor) as aforesaid, and expressed to be hereinbefore granted and released, with all and every the appurtenances to the said premises belonging, and all the estate, right, title, interest, term, and terms for years yet to come, property, claim, and demand whatsoever, both at law and in equity, of him the said (termor) of, in, to, or concerning the same. [TO HAVE AND TO HOLD the said messuage To HOLD, to or tenement, lands and hereditaments, and all and singular purchaser to other the premises, hereby released, assigned, and surrendered, or mentioned, or intended so to be, unto the said (purchaser), his heirs and assigns, to and for the end, intent, and purpose, that the said term of
years, for the now residue thereof, and the estate and interest of him the said (termor) in the said premises, shall and may henceforth become merged and extinguished in the freehold reversion and inheritance of the same premises, so by these presents conveyed to, or otherwise vested in the said (purchaser) and his heirs as aforesaid, or otherwise cease, determine, and become void to all intents and purposes whatsoever.”
PURCHASES. incumbered, or prejudicially affected, in any manner howso
ever, or whereby the said term of years, or any estate or Vendor and interest therein, can, or may be protected or prevented from Wife.
being hereby merged and extinguished, according to the true intent and meaning of these presents. IN WITNESS, &c.