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(purchaser,) (in his actual possession, &c.,) and to his heirs and assigns, all, &c.; together with all houses, &c., and the reversion, &c., and all the estate, power, equity of redemption, &c.; to have Habendum. and to hold the said, &c., unto and to the use of the said (purchaser,) his heirs and assigns, subject nevertheless to the said hereinbefore in part recited indentures of lease and release, and mortgage, of the, &c., and to the payment of the said principal sum of, &c., and interest henceforth to grow due for the same. [Add covenants for title qualified as to the mort- Covenants for gage, and a covenant by the purchaser for payment title. of the mortgage debt. See p. 93.]"
If the mortgagee joins in the conveyance for exonerat. ing the vendor, recite that, “ by the before in part recited indenture of, &c., the said (vendor) did covenant with the said (mortgagee) to pay the said principal sum of, &c., with interest for the same, at the time and in manner therein mentioned. Now, this indenture witnesseth, that, in consideration of the covenant hereinafter contained and entered into by the said (purchaser) to and with the said (mortgagee, he, the said (mortgagee,) doth hereby release and for ever discharge the said (vendor,) his heirs, executors, and administrators, of and from the said covenant, and all benefit and advantage to be taken thereof." Then add a covenant for payment of the mortgage-money : “And the said (purchaser) doth hereby covenant, promise, and agree to and with the said (mortgagee,) that he, the said (purchaser,) shall and will, within the space of six calendar months from the date hereof, (or) on or before the day , [or] when thereto required by the said (mortgagee,) his executors, administrators, or assigns, well and truly pay, or cause to be paid, unto the said (mortgagee,) his executors, administrators, or assigns, the said sum of L. , with lawful interest for the same, without any deduction or abatement whatsoever ;” and to indemnify, &c.
In ascertaining the stamp, it must be remembered that the mortgage debt is to be added to the purchase-money,
DISENTAILING DEED, BEING A GRANT OF A REMAIN
DER WITH THE CONSENT OF THE PROTECTOR.
This indenture, made, &c., between A. B., (tenant in tail,) of the first part ; C. D., (protector,) of the second part; and E. F., (trustee,) of the third part. [Recite the instrument creating the entail, and such other facts (if any) as are necessary to show the title of the protector and tenant in tail, as the determination of estates previous to the former or the vesting of the latter.] And whereas the said A. B., being desirous of barring the said estate tail in remainder expectant as aforesaid, so vested in him, by, &c., and all other estates tail, and all remainders and reversions thereon expectant, and all conditions and collateral limitations thereto annexed, of and in the said hereinbefore mentioned messuage and hereditaments, and of acquiring the fee-simple therein, in remainder expectant as aforesaid, the said C. D., as the protector of the settlement created by the said (will) of the same messuage and hereditaments, hath, at his request, agreed to join and concur in these presents for the purpose of testifying his consent thereto, in manner hereinafter mentioned. Now, this indenture witnesseth, that, in pursuance of the said recited desire and agreement in this behalf, and for the purpose of barring and extinguishing the said estate tail, and all remainders and reversions thereupon expectant, and all conditions and collateral limitations thereunto annexed, and all estates, rights,
• Where the protector is the owner of a previous estate, there can be no objection to conveying by grant, as his join. ing affords evidence of the existence of such previous estate. This form can be easily altered into a lease and release, by using the operative words applicable to that mode of conveyance, and inserting the reference to the lease. This deed must be enrolled within six calendar months from its execution by the tenant in tail.
titles, interests, and powers to take effect after the determination, or in defeasance of the same estatestail, and to limit the fee-simple of the same hereditaments in remainder expectant as aforesaid, to the uses, and in manner hereinafter mentioned. He, the said A. B., with the consent and approbation of the said C. D., as the protector of the said settlement as aforesaid, testified by his being a party to, and executing these presents, hath granted and confirmed, and by this present deed intended to be forthwith enrolled in her Majesty's High Court of Chancery, doth grant and confirmPunto the said E. F., and his heirs, all that the remainder or reversion expectant as aforesaid, of and in all, &c., and also of and in all and singular the rights, members, and appurtenances to the same messuage and hereditaments belonging, or in any wise appertaining; and the reversion, &c., and all the estate, &c. Habendum, &c., unto the said E. F., and his heirs for ever, (freed and absolutely discharged of and from the said estate-tail, in remainder expectant as aforesaid, of the said A. B., and all other estates-tail, and all remainders or reversions thereupon expectant or depending, all conditions or collateral limitations thereunto annexed, and all estates, rights, titles, interests, and powers, to take effect after the determination, or in defeasance of the said estates-tail.) But, nevertheless, to the uses, &c. "Provided always, neverthe
P If the vendor's wife join in the conveyance for barring dower, add, “ And the said Mary B., under and by virtue and in pursuance of the powers and provisions given by and contained in the said act of parliament, and in order to bar and extinguish all dower, and right and title of dower, which she hath, or could or might claim or set up, upon or out of the hereditaments hereby granted, &c., doth by these presents
intended to be acknowledged according to the directions of the said act) grant, remise, release, quit, claim, and confirm.”
9 This proviso must be inserted or omitted, according to circumstances.
less, and it is hereby expressly agreed and declared between and by the said parties hereto, that the concurrence of the said C. D. in these presents shall not, nor shall any thing herein contained, operate or be deemed, construed, or taken as operating, to preclude him from exercising or consenting to the exercise of the several powers and authorities in and by the said recited [will of, &c.] declared, expressed, and contained of and concerning the said messuage and hereditaments, whereof or wherein such remainder or reversion is hereinbefore expressed, or intended to be hereby granted as aforesaid, or otherwise prejudice the exercise of the same powers and authori. ties, or any of them ; but that such powers and authorities shall continue and subsist, and shall be exercisable in such and the same manner, in all respects, as if these presents had not been made or executed, or as if the said C. D. had not joined or concurred herein.
In witness, &c.
COVENANT TO SURRENDER COPYHOLDS.
This indenture, made, &c. [Recite the instrument under which the vendor claims to show the equitable title, and the copy of court roll to show the legal title at the date of such instrument, and the subsequent surrenders and admissions, and recite the contract for purchase.]. Now, this indenture witnesseth, that, in pursuance of the said agreement, and in con
* If freehold and copyhold, say, “For the sale of the feesimple and inheritance of and in the freehold parts of the messuage, &c., hereinafter described, and of the copyhold parts of the same hereditaments, free from incumbrances, at or for the price or sum of, &c.; and upon the treaty for the said purchase it was agreed, that the sum of, &c., part of the said sum of, &c., should be the apportioned value of the said freehold hereditaments, and that the sum of, &c., should be the apportioned value of the said copyhold hereditaments."
sideration, &c., he, the said
, doth hereby for himself, his heirs, executors, and administrators, covenant, promise, declare, and agree to and with the said
his executors, administrators, and assigns, in manner following ; (that is to say,) that he, the said shis executors, administrators, and assigns, (or) his heirs and assigns,] shall and will, at the costs and charges of the said [purchaser,] his executors, administrators, or assigns, at or before the next general or other court which shall be holden for the said manor of , or other the manor or manors whereof the same copyhold premises, or any of them, are holden, well and effectually surrender, or cause or procure to be well and effectually surrendered, into the hands of the lord or lords, lady or ladies, for the time being, of the said manor or manors, or otherwise convey and assure, according to the custom thereof respectively; to or to the use and behoof of the said purchaser, his heirs and assigns, all, &c., and all houses, &c., and the reversion, &c., and all the estate, &c. ; to the end and intent, that the lord of the said manor may, immediately after such surrender, Tegrant the said copyhold premises with the appurtenances unto the said purchaser,] his [heirs and assigns.) To hold the same to him, the said [purchaser, his heirs and assigns for ever, at the will of the lord, according to the custom of the said manor, subject only to the rents, suits, and services therefore due, and of right accustomed ; and that, in the meantime, and until such surrender shall be made, and the said [purchaser,] or his heirs, shall be admitted tenant to the said hereditaments by virtue thereof, he, the said [vendor,] and his heirs, shall and will stand, and be seised or possessed of the said copyhold, messuage, or tenement, lands and hereditaments, and every part and parcel of the same, with the appurtenances ; upon trust for, and for the sole use, benefit, and advantage of the [purchaser,] his heirs and assigns, and to be surrendered and disposed of from time to time as he or they shall direct or ap