Operative

part.

Parcels.

BETWEEN A. B., of, &c., (administrator of all and singular the goods, chattels, rights, and credits, of the within named C. D., (the lessee,) deceased,) of the first part; the within named E. F., (the lessor,) of the second part; and G. H., of, &c., (the asWitnesseth. signee,) the third part; WITNESSETH, that for and in consideration of the sum of £ — of lawful money, &c., by the said G. H., to the said A. B., in hand, well and truly paid, at or before the sealing and delivery of these presents, the receipt whereof he, the said A. B., doth hereby acknowledge, and of and from the same, and every part thereof, doth acquit, release, and discharge, the said G. H., his executors, administrators, and assigns, by these presents; he, the said A. B. (by and with the consent and approbation of the said E. F., testified by his being a party hereto, and executing hereof) DOTH, by these presents, bargain, sell, assign, transfer, and set over, unto the said G. H., his executors, administrators, and assigns, ALL that messuage, farm, and lands, with the hereditaments and premises, comprised in the within written indenture, and therein mentioned, to be thereby demised, with their, and every of their, appurtenances, together with the within written indenture of lease; AND all the estate, right, title, and interest, which he, the said A. B., now hath, or at any time hereafter shall or may have, claim, or demand of, in, or to, the said hereditaments and premises, or any part thereof, by virtue of the said indenture of lease, or otherwise, as the administrator of the said C. D., deceased; Habendum. TO HAVE AND TO HOLD the said, &c., and all and singular other the premises, with their, and every of their, appurtenances, unto the said G. H., his executors, administrators, and assigns, for and during all the rest, residue, and remainder, yet to come and unexpired, of the within mentioned term of twenty-one years, in as full, ample, and beneficial, a manner, to all intents and purposes whatsoever, as he, the said A. B., his executors, or administrators, might or could in any manner have held and enjoyed

A. B. that he

the same, if these presents had not been made, subject, nevertheless, to the yearly rent of £70, in and by the said indenture of lease reserved and contained, and to become due and payable, and to all and every the covenants, clauses, provisoes, and agreements, therein contained; AND the said A. B. Covenant by doth hereby for himself, his executors and adminis- has done no trators, covenant and declare, to and with the said act to enG. H., his executors, administrators, and assigns, that he, the said A. B., hath not made, done, or committed, any act, deed, matter, or thing, whatsoever, whereby the said hereditaments may be in any manner encumbered. (w) In witness, &c.

(3.)

Assignment of a Lease with household Goods from an Administrator, and others the next of Kin of the Deceased to Trustees in Trust for their mutual Benefit.

cumber.

THIS indenture made the day of, &c., BE- Parties. TWEEN S. F., of, &c., gentleman, (administrator of the personal estate and effects of D. F., late of, &c., yeoman, deceased, who lately departed this life intestate,) of the first part; M. F., of, &c., (widow and relict of the said D. F., deceased,) and T. F., of, &c., the other brother of the said D. F., (which said M. F., S. F., and T. F., are the only next of kin of the said D. F.,) of the second part; and R. S., of, &c., T. G., of, &c., of the third part; WHEREAS, Recital of by indenture of lease bearing date the, &c., and original expressed to be made between G. F., of, &c.,

lease.

(w) If the representative of the lessee be entitled to the residuary estate, Further asadd a covenant for further assurance, thus: "And moreover, that he, the surance. said A. B., his executors and administrators, and all persons whosoever claiming through or in trust for him, shall and will, at the request and charges of the said G. H., his executors, administrators, and assigns, make and perfect all further assignments and assurances that may be necessary for the more effectually assigning the said hereditaments, with the appurtenances unto the said G. H., his executors, administrators, and assigns, for the residue of the said term of twenty-one years, according to the true intent and meaning of these presents, as by the said G. H., his executors, administrators, and assigns, or his or their council in the law, shall be devised and tendered to be executed." (The usual indemnity (as in p. 157) should be added here, in case the lessor is not a consenting party.-See Staines v Morris, 1 Ves. and Bea. 10.)

the lessee.

of adminis

tration

esquire, of the one part, and the said D. F., of the other part, for the considerations therein mentioned, the said G. F. did grant and demise, unto the said D. F., ALL that cottage or tenement, with the garden, buildings, lands, hereditaments, and premises, situated, &c., with the rights, member, and appurtenances, thereunto belonging; TO HOLD the same unto the said D. F., his executors, administrators, and assigns, from, &c., for and during the term of ninety-nine years, at and under the yearly rent of £ · —, payable to the said G. F., as therein mentioned, and also subject to the covenants and agreements therein contained, on the part of the said D. F., his executors, administrators, Recital of and assigns, to be performed and kept; AND the death of WHEREAS, the said D. F. lately departed this life intestate, leaving the said M. F., his widow and relict, and the said S. F. and T. F., his two brothers, And letters and only next of kin; and since the decease of the said D. F., letters of administration of his personal estate and effects have been duly granted to the said S. F. by the ecclesiastical court of the bishop And by the of H.; AND WHEREAS, by virtue of the statute of distribution distribution of intestate's estates, the said M. F. is the wife en- entitled to one moiety, or half part, of the personal moiety, and estate and effects of the said D. F., her late husband, his two and the said S. F. and T. F., parties hereto, his the other two brothers, are entitled to the remaining moiety, moiety. or half part thereof, in equal shares; AND WHEREAS, it hath been proposed and agreed, by and between ment of par- the said M. F., S. F., and T. F., parties hereto, widow shall that the said M. F. shall have and be entitled have the to the possession, and occupy, of the said cottage for her life, or tenement, garden, hereditaments, and premises, comprised in the said recited indenture of lease as aforesaid, and the receipt of the rents and profits, and also to the use and enjoyment of the household goods and furniture mentioned in the schedule hereunder written, being also part of the personal estate and effects of the said D. F., for and during her natural life, in satisfaction of her distribution, and

granted to S. F. his widow.

statute of

titled to one

brothers to

Proposal

and agree

ties that

cottage, &c.,

in lieu of her

claim.

her decease,

ing brothers.

signment of

part.

all other her right, share, and interest, therein; and And after that in consideration thereof, all and singular the before then to the mentioned premises shall from and after her decease two survivbe and become the absolute estate and property of them, the said last mentioned S. F. and T. F. NOW THIS INDENTURE WITNESSETH, that, in pur- Witnessing suant of the same agreement, and in consideration clause of asof ten shillings of lawful money of Great Britain, to lease. the said S. F., M. F., and T. F., in and paid by the said R. S. and T. G., upon or before sealing and delivering of these presents, the receipt whereof is hereby acknowledged, he, the said S. F., at the request, and by the direction, of the said M. F. and T. F., signified by their respectively being parties to and executing these presents; and also, the said Operative M. F. and T. F. do, and of every of them doth, by these presents, grant, bargain, sell, assign, transfer, and set over, unto the said R. S. and T. G., their executors, administrators, and assigns, ALL and Parcels. singular the said cottage or tenement, garden, building lands, hereditaments, and premises, hereinbefore described, and which in and by the said indenture were granted and demised unto the said D. F., his executors, administrators, and assigns, as aforesaid, and all the estate, right, title, interest, term and terms of years yet to come and unexpired, right and benefit of renewal, property, possession, claim, and demand, whatsoever, as well legal as equitable, of them, the said S. F., M. F., and T. F., every or each and every of them, of, in, to, or out of, the same premises; TO HAVE AND TO HOLD the Habendum said cottage or tenement, garden, buildings, lands, trustees. hereditaments, and premises, hereinbefore mentioned, to be hereby assigned unto the said R. S. and T. G., their executors, administrators, and assigns, for and during all the residue and remainder of the said term of ninety-nine years, thereof granted and demised as aforesaid, subject, nevertheless, to the said yearly rent of, &c., in and by the said in part recited indenture of lease, reserved and made payable as aforesaid, and to the covenants and agree

to the two

Further witnessing

are assigned

and after

brothers of deceased. Goods.

ments therein contained, on the lessee or assignee's part and behalf to be done and performed, upon the trusts following, (that is to say,) in trust for the said M. F. and her assigns, for and during the term of her natural life, and from and after her decease, in trust for the said S. F. and T. F., as tenants in common, their respective executors, administrators, and assigns; AND THIS INDENTURE FURTHER WITpart where- NESSETH, that for the consideration aforesaid, he, by the goods the said S. F., at the request and by the direction in trust for of the said M. F. and T. F., signified as aforesaid; wife for life, and also they, the said M. F. and T. F., do, and each wards to and every of them doth, by these presents, grant, bargain, sell, and assign, unto the said (trustees), their executors, administrators, and assigns, ALL and every the household goods, furniture, and effects, therein mentioned, and specified in the said schedule hereunder written, all benefit and advantage thereof; TO HAVE AND TO HOLD the said premises lastly herebefore mentioned to be assigned unto the said (trustees), their executors, administrators, and assigns, in trust, to permit and suffer the said M. F. to have the use and enjoyment thereof, for and during the term of her natural life, and from and after her decease, in trust for the said S. F. and T. F., as tenants in common, their respective Covenant by executors, administrators, and assigns; AND the each for fur- said S. F., M. F., and T. F., separately and apart,

Trusts.

ther assur

ance.

each for himself, and his and her respective heirs, executors, administrators, and assigns, not jointly, nor the one for the other of them, nor for the heirs, executors, administrators, and assigns, of the others or other of them, but each of them for his and her own acts only do hereby covenant, promise, and agree, to and with the said R. S. and T. G., their executors, administrators, and assigns, that they, the said S. F., M. F., and T. F., and their respective executors and administrators, shall and will from time to time, and at times hereafter, upon every reasonable request for that purpose, but at the expense of the person or persons requesting the same,