Release of estates from portions, and merger of term cre པབ་པ་བ་་ than and except the hereditaments hereby &c., Have, and X. The said A. B., at the request and by the direction as well of the said C. D. as of the said E. F., and upon the acceptance of the said G. H., testified by their being parties the same, quoad to and executing these presents, Hath released, surrendered ated for raising the released estates. Release of lands charged with all powers for compelling payment thereof. and yielded up, bargained, sold, assigned, transferred, and set over, and by these presents Doth &c., and the said C. D. Hath remised, released, and for ever quit-claimed, and by these presents Doth &c., unto the said G. H., his heirs and assigns, All those the said two undivided third parts or shares (the whole into three equal parts or shares being considered to be divided) of and in all and singular the said lands, hereditaments, and premises hereinbefore particularly mentioned, situated in the said county of M., and which have been contracted to be sold as aforesaid, with their and every of their rights, members, and appurtenances; And all the estate &c.; To the end and intent that the residue and remainder now to come and unexpired of the said term of 1000 years may merge in and be consolidated with the inheritance of the same premises, and that the same may be held and enjoyed freed and discharged of and from the portions directed to be raised under the trusts of the said term. XI. He the said A. B. Hath remised, released, acquitted, annuity, and of and for ever discharged, and by these presents Doth remise, release, acquit, and for ever discharge the said C. D., his heirs, executors, administrators, and assigns, and every of them, and the said messuage or tenement, farm, wave or liberty of fishing, hereditaments, and all and singular other the premises charged with the payment of the said annuity or yearly sum of £- -, under or by virtue of the said indenture of the &c., and every of them, and every part and parcel thereof, of and from the said annuity or yearly rentcharge of £, and all future payments thereof; And of and from all powers and remedies for compelling and enforc ing the payment thereof; And of and from all securities whatsoever made or entered into for securing the payment thereof; And of and from all actions, suits, causes of action and suit, claims, and demands whatsoever, for or on account of the same annuity or yearly sum, or any security executed or given for the same, or in anywise relating thereto. of enlargement. XII. Have, and each of them Hath granted, bargained, Release by way sold, aliened, released, and confirmed, and by these presents Do &c. grant, bargain, sell, alien, release, and confirm unto the said A. B. [in him now actually vested (a), or, in his actual Recital of barpossession now being by virtue of a bargain and sale to him gain and sale. thereof made by the said C. D., in consideration of 10s., by an indenture bearing date the day next before the day of the date of these presents, for the term of one whole year, commencing from the day next before the day of the date of the said indenture of bargain and sale, and by force of the statute made for transferring uses into possession]. mon law lease. [Or, in his actual possession now being by virtue of a de- Recital of com> mise to him thereof made by the said C. D., by an indenture bearing date &c., for the term of &c., commencing from &c., and by force of an actual entry made by the said A. B. in or upon the same premises]. [Or, in his actual possession now being by virtue of a de- Another form. mise to him thereof made by the said mayor and commonalty &c., by an indenture bearing date &c., for the term of one whole year, commencing &c.; and by force of an actual entry made by the said A. B. in or upon such of the same premises as are in the county of &c., and also another entry in or upon such &c., subsequently to the execution of the said indenture of lease, and previously to the execution of these presents (b)]. (a) Vide Recital Book, pp. 41, 137, 233. (b) In reciting the lease and release say, “being an indenture of lease in which actual entries were, as to the lands in each county, made before the execution of the indenture of release." XIII. And this Indenture further witnesseth, that, for the considerations hereinbefore expressed, and also in consideration of 10s. of like lawful money, to the said A. B. well and truly paid by the said C. D. before the execution of these presents, the receipt whereof is hereby acknowledged, the said A. B., by way of further assurance, Hath granted, bargained, sold, released, and also ratified and confirmed, and by these presents Doth &c., unto the said C. D., his heirs and assigns, for ever. XIV. Pursuant to, and by force and virtue and in exercise and execution of the [joint] power and authority to them for this purpose given or limited by the said hereinbefore in part recited indenture of the &c., and of every or any other power or authority in anywise enabling them in this behalf, they the said A. B. and C. D. do, by this present deed or writing, by them respectively sealed and delivered in the presence of the two credible persons whose names are intended to be hereupon indorsed as witnesses attesting the sealing and delivery of these presents by them the said A. B. and C. D., [jointly] direct, limit, and appoint, that the piece or parcel of land, and other hereditaments hereinafter particularly mentioned, and intended to be hereby granted and released, with their appurtenances, shall henceforth go, remain, and be to the uses hereinafter expressed and declared of or concerning the same. XV. He the said A. B., by virtue and in pursuance and in exercise and execution of the power or authority, powers or authorities, given, limited, or reserved to him in or by virtue or means of the said hereinbefore recited indenture of &c., and also by virtue and in pursuance and in exercise and execution of all and every other power or powers, authority or authorities enabling him in this behalf, and with the consent and approbation of the said C. D., testified as aforesaid, Doth absolutely sell, dispose of, and convey (a), and also (a) These expressions ought to be adapted to the terms of the power. direct, limit, and appoint all and singular the freehold and copyhold messuages or tenements, lands and hereditaments, hereinafter described, and also mentioned to be granted and released, and covenanted to be surrendered, with their and every of their rights, members, and appurtenances, so and in such manner that the said freehold messuages, tenements, lands, and hereditaments may henceforth remain, continue, and be to the uses, upon the trusts, and for the ends, intents, and purposes hereinafter expressed and declared concerning the same respectively, and so and in such manner that the said copyhold lands and hereditaments, with the appurtenances, may remain, continue, and be To the use of the said E. F., his heirs and assigns, for ever. XVI. He the said A. B., as well in exercise of all powers and authorities in anywise enabling him in this behalf, as also in respect of all his estate and interest therein, Hath directed, limited, and appointed, and also granted, bargained, sold, aliened, released, and confirmed, &c. said XVII. In pursuance and part performance of the agreement on the part of the said A. B., and in order to effectuate the said partition, and for other the considerations hereinbefore mentioned, and pursuant to and by force and virtue and in exercise and execution of the power and authority to him for this purpose given or limited by the said hereinbefore in part recited will of the said C. D., and of every or any other power or authority in anywise enabling him in this behalf, he the said A. B. doth, by this present deed or writing, with the privity, consent, and approbation of the said E. F. and G. H., testified by their being parties to and sealing and delivering these presents, direct, limit, and appoint, that all that one undivided third part or share (the whole into three equal parts being considered to be divided) over which the said A. B. hath such power as aforesaid, of and in all and singular the messuages, lands, and other hereditaments hereinafter particularly mentioned, and intended to be hereby released, with their appurtenances, shall henceforth go, remain, and be to the uses &c. (Vide tit. USES.) Under uses to prevent dower, when the legal estate is to be appointed to a mortgagee. In an appointing partition. ment effectuat XVIII. Hath limited and appointed, and by these presents Doth &c., that from and immediately after the solemnization of the said intended marriage between the said A. B. and C. D., not only the interest, dividends, and produce of the monies arising or arisen from the sale or sales of the freehold and copyhold messuages, lands, tenements, and hereditaments, in the said will of the said E. F. comprised, and thereby directed to be sold and disposed of, but also all and every the freehold and copyhold messuages, lands, tenements, and hereditaments, hereinbefore mentioned, situate &c., shall, subject and without prejudice &c., stand and be limited, settled, and assured, and remain, continue, and be To the use of the said A. B. and C. D. for and during their respective natural lives, and the life of the survivor of them, according to the true intent and meaning of the power given to the said A. B. by the said recited codicil of the said C. B., her deceased mother. XIX. Shall henceforth (subject and without prejudice to the said several annual sums or yearly rents of £and to the estate for life of the said A. B. in the messuage &c., limited to her for her life as aforesaid, and also to the said joint power of appointment, as far as the same is not actually exercised by these presents, and to the other uses, trusts, powers, and estates contained in the said indenture of release, as far as the same are not inconsistent with the annual sums, or yearly rent-charges, terms, and estates hereby appointed) stand and be limited; And that (subject and without prejudice as aforesaid) the said hereinbefore in part recited indentures of lease and release and surrender respectively, shall respectively operate and enure, &c.; XX. Doth grant, limit, and appoint unto the said A. B., (in case she shall survive him the said B. B.), and her assigns, for and during the term of her natural life, one annual sum or yearly rent-charge &c. (a) (a) As to the execution of powers of jointuring, see Vol. I. book iii. chap. vi. |