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pressed and contained, or by descent from him, or otherwise the same premises, or any part thereof respectively, would now have been held, continued, remained, or stood limited or subject to, in case the same premises had been actually conveyed to and to the use of the said A. B., the testator, his heirs and assigns, before the date and execution of his said will, and had been completely, legally, and effectually vested in him in fee simple at the time of his making and executing his said will (a).

XXIII. Nevertheless to the uses, upon the trusts, and for To such uses the ends, intents, and purposes, and under and subject to the as hereditapowers, provisoes, limitations, annuities, charges, declarations, now stand li

mited under or and agreements hereinbefore recited of and concerning the by means of same, or as near thereto as may be, and as the deaths of another recited parties, the change of interest, and other intervening circum- that indenture stances will admit, and so and in such manner that the same

had been valid,

and properly messuage, lands, and hereditaments, may henceforth remain, stamped continue, and be to such and the same or the like uses, and upon such and the same or the like trusts, and to and for such and the same or the like ends, intents, and purposes, and under and subject to such and the same or the like powers, provisoes, annuities, charges, limitations, declarations, and agreements, as the same messuage and other hereditaments respectively would respectively have stood limited, settled, and assured at the time of the execution of these

(a) This Form was settled by Mr. Fearne. In answer to an inquiry as to the object of inserting the additional words of reference in case the testator had been seised to him and his heirs at the time of making his will, Mr. Fearne observed, “ The words alluded to are inserted, not on behalf of the purchasers, but by way of caution on the part of the parties, and to prevent their taking upon themselves to do more than they ought to do, which they would appear in strictness to do were they to convey absolutely and merely to the uses of the will, unless that will were proved and established in Chancery, and they directed by the Court to convey to the uses thereof. They can only be required to convey to such uses as now under the will or otherwise would have subsisted in regard to the estates if the testator had been seised thereof at the time of his will, without taking for granted, or confining themselves to, the validity or operation of that will.”—MS.

presents, under or by virtue or means of the said hereinbefore in part recited indenture, as the same is recited in these presents, in case the conveyance thereby made or intended to be made had been a valid conveyance, and duly stamped; And for the purpose of giving full and complete effect to the same indenture, as recited in these presents, without any further production of the same indenture, and so also as to give effect to and establish and confirm all subsequent conveyances, acts, and assurances which have been made of the same messuage, lands, and hereditaments, since the execution of the same indenture by the persons who have been or were intended to be interested in or entitled under the same indenture; and to no other use, and upon no other trust, and for no other end, intent, or purpose whatsoever.

Reference to XXIV. To the several uses, upon the several trusts, and uses in marriage articles, in

for the several ends, intents, and purposes, and under and a settlement by subject to the several charges, powers, provisoes, limitations, indorsement thereon. declarations, and agreements, (and among them the provi

sions for the change and indemnity of trustees), which in or by the within-written indenture were covenanted, directed, or agreed to be limited, expressed, and declared of and concerning the same, or to, for, upon, under, or subject to such and so many of the same uses, trusts, ends, intents, and purposes, charges, powers, provisoes, limitations, declarations, and agreements, are now existing undetermined, or capable of taking effect.

as

In conveyance XXV. To the uses, upon the trusts, and for the ends, into one for life, unless marriage

tents, and purposes, and under and subject to the powers, solemnized, re- provisoes, limitations, declarations, and agreements hereinmainder to another in fee.

after limited, expressed, and declared concerning the same; (that is to say,) in the mean time, and until the solemnization of the said intended marriage, To the use of the said A. B. and her assigns, for and during the term of her natural life; and from and immediately after the determination of that estate, To the use of the said C. D., his heirs and assigns for ever; and from and immediately after the solemnization of the said intended marriage, To the use &c.

those of a will

XXVI. To such uses, upon such trusts, and for such in- By reference to tents and purposes, and subject to such powers and provisoes as by the said hereinbefore in part recited will of the said A. B., the testator, were limited, declared, or expressed concerning his said manors, hereditaments, and premises, first thereby given and devised, or as near thereto as the deaths of persons and other contingencies will now admit, and according to the true intent and meaning of the directions in that behalf contained in the said will of the said A. B., the testator.

XXVII. To the uses, upon the trusts, and for the ends, By reference, intents, and purposes hereinafter expressed and declared to give effect to

intermediate concerning the same; (that is to say,) To such uses, upon conveyance by such trusts, and for such ends, intents, and purposes, and attorney. under and subject to such provisoes, limitations, powers, and agreements as the same closes and hereditaments respectively would have stood limited at the time of the execution of these presents, in case the said hereinbefore mentioned indentures of lease and release, bearing date respectively on or about the &c. now instant, had been executed by the said A. B., in person at the same time that they were executed by the said C. D., and in the same manner as if the said indentures had been executed by the said A. B. in person, instead of having been executed by the said C. D. as his attorney, and for the purpose of confirming, establishing, and giving effect to any title, uses, estates, and interests derived or intended to be derived under or by means of the same indentures of lease and release.

XXVIII. To such uses, upon such trusts, and for such By reference, in

confirmation of ends, intents, and purposes, and under and subject to such

an exchange. powers, provisoes, charges, declarations, directions, and provisions, as (a) the same would have stood limited in case the

(a) On reconveyance by mortgagee to trustees of mortgagor's will, say, — “ Are or are expressed to be declared thereof in or by the said recited last will and testament of the said A. B., or by

same had been comprised in and effectually devised by the said hereinbefore in part recited will and testament, and codicil thereto, of the said A. B., the testator, instead of the messuage, lands, and hereditaments, which upon the said exchange were allotted to or for the said C. D., or in lieu of the closes, pieces, and parcels of land and hereditaments hereby released or otherwise assured, or intended so to be, or to so much and so many of the same uses, upon such and

of the same trusts, and for such and so many of the same ends, intents, and purposes, and under and subject to such and so many of the same powers, provisoes, charges, declarations, and provisions, as are now existing undetermined, and capable of taking effect, and in confirmation of and for the purpose of giving effect to the exchange or allotment made or intended to be made as aforesaid.

so many

In confirmation XXIX. To the use of the said A. B., his executors, adof a mortgage, ministrators, and assigns, for and during the said term of and subject thereto, &c.

500 years, or the residue thereof, in confirmation, and for the purpose of giving more full and complete effect to the same term; Subject nevertheless to the proviso or agreement for redemption hereinafter contained; and from and after the expiration or other sooner determination of the same term, and in the meantime subject thereto, and to the proviso or agreement for redemption hereinafter contained, To the use &c.

By reference, XXX. To such uses, upon such trusts, and for such ends, been at the date intents, and purposes, and under and subject to such powers, of prior convey- provisoes, charges, declarations, and agreements, as the same ance held and conveyed for messuages, farms, lands, tenements, and hereditaments respecan estate in fee tively would respectively now stand limited, settled, and assimple in possession. sured, in case the said A.B. had been seised thereof foran estate

in fee simple in possession at the date of the conveyances made thereof respectively by him on the sales and exchanges thereof

any appointment or appointments made under or by virtue of or pursuant to all or any of the powers contained in the same will, or to such &c."

respectively, and he had conveyed the same respectively for such estate in fee simple, by the deeds containing the conveyances made on such sales and exchanges respectively, in confirmation of and for the purpose of giving effect at law and in equity to the same sales and exchanges respectively, and the conveyances made thereon respectively, and to all estates, titles, and interests, wills, and dispositions depending for effect on the conveyances so made by the said A. B., discharged of and from the estate tail of the said A. B., and all claims and demands under that estate, and to no other use, and upon no other trust, nor for any other end, intent, or purpose whatsoever (a).

whereof had

XXXI. As to and concerning such and so many and such For confirming parts of the said messuages, tenements, lands, and heredita- lands, part ments as have been sold by the said A. B., and as have been

been sold under or are expressed to have been conveyed to, or to the use of, a defective apor in trust for the purchaser or purchasers of the

pointment to same, with

different purtheir and every of their appurtenances, To the use of the chasers, and as person or persons who, under or by virtue or means of the sold, to uses as conveyance or conveyances made to or to the use of, or in owner shall ap

point, and aftertrust for the said purchaser or purchasers respectively, would wards to him in at the time of &c. be seised or possessed of, or interested in fee, subject to or entitled to the same messuages &c., and parts and shares agreements for

exchanges. of messuages &c., in case the said recited appointment made in favour of &c. had in all respects been a good and effectual appointment, and for such estate or estates, interest or interests at law and in equity, and in such parts, shares, and proportions, with, under, and subject to such charges, powers, provisoes, declarations, and agreements, as he, she, or they respectively would in that case have been entitled to the same, in confirmation and for the purpose of giving effect to the said hereinbefore recited appointment, made in favour of &c., and all estates, titles, and interests, wills and dispositions, depending for effect on the validity of the same ap

(a) This was a declaration of the uses of a fine by a tenant in tail, who had conveyed parts of the land under an idea that he was tenant in fee. The above was therefore to remedy the defect as to the lands sold; and as to the lands unsold, the uses were declared for the owner in fee.

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