No. XXXIV.

GRANT of the next PRESENTATION to a RECTORY.

THIS INDENTURE, made the

NEXT PRESENTATION.

day of, BETWEEN Parties.

for sale of

A. B., of &c. [grantor], of the one part, and C. D., of &c. [grantee], of the other part: WHEREAS the said A. B. hath Agreement agreed with the said C. D. for the sale to him of the next pre- next presensentation, donation, collation and free disposition of, in and to' the said parsonage, rectory or parish church of

in the county

of —, when the same shall become void at or for the price or

sum of £

- Now
:

THIS INDENTURE WITNESSETH that, in

tation.

tion.

pursuance of the aforesaid agreement, and in consideration of Considerathe sum of £ to the said A. B. paid by the said C. D. on or immediately before the execution of these presents, [the receipt thereof &c.]: HE the said A. B. doth by these presents grant, Vendor the said C. D. his executors, administrators & NEXT PRESENTATION, donation, collation

and confirm unto

and assigns, THE

and free disposition of, in and to the said parsonage, rectory or

parish church of

in the said county of

when the

grants,

next presen

tation,

same shall become void by the death, resignation or deprivation of, the present incumbent thereof, or otherwise howsoever : TO HAVE AND TO HOLD the same unto the said C. D. his execu- to purchaser. tors, administrators and assigns to and for his and their use and

benefit. AND THE

SAID A. B. doth hereby for himself, his Covenant by

heirs, executors and administrators covenant with the said C. D.' his executors, administrators and assigns, that he the said C. D.

or assigns, or some or one of them

vendor,

his executors, administrators shall and may, immediately after the parsonage or rectory shall that purbecome vacant by the death, resignation or deprivation of the present on otherwise, lawfully present any person duly'

of aforesaid, in order to be instituted and inducted into the said church to which the said person may be so presented. e person so to be presented by the said C. D.,

AND THAT

the

executors, administrators C

his

or assigns, and instituted as aforesaid,

NEXT PRE- shall and may peaceably and quietly hold and enjoy the said SENTATION. parsonage and rectory, and all the benefits and profits thereof,

without the lawful, let, suit, trouble, denial, eviction, interruption, claim and demand whatsoever of or by the said A. B., his heirs or assigns, or any other person or persons whomsoever, any estate, right, title or interest claiming, or to claim in or to the said advowson or right of presentation. AND THAT free and clear: [Covenants for freedom from incumbrances, and for further assurance. See supra, p. 168.] IN WITNESS, &c.

MERGER OF RENT CHARGE.

Parties.. Recite award.

No. XXXV.

MERGER of RENT CHARGES in lieu of TITHES (a).

TO ALL CONCERNED, WE A. B., of &c., and C. D., of &c. [proprietors of lands], send greeting: WHEREAS, by an award made in pursuance of the act for the commutation of tithes in

(a) Under the 6 & 7 Wm. 4. c. 71. s. 71. and the 1 & 2 Vict. c. 64. ss. 1 & 3. a tenant in fee or in tail in possession of tithes, or commutation rent charge in lieu of tithes, or any person having power to acquire a fee simple therein, or the tenant for life in possession of both lands and tithes, can, by deed to be approved by the commissioners and confirmed under their seal, merge the tithes, or commutation rent charge, in the land out of or in respect of which they issue.

By the 1st sect. of 2 & 3 Vict. c. 64. all charges on tithes which are merged under the acts, are to have priority over any charges on the lands at the time of the merger.

The 6th sect. of 2 & 3 Vict. c. 62. authorizes the merger of the tithes of glebe land, where the glebe and the tithes belong to the same person in virtue of his benefice; and under the 19th sect. of 9 & 10 Vict. c. 73. all powers relating to the merger of tithes or rent charge instead thereof, may be executed by any person entitled in equity to the same, but so that all the charges on the tithes shall be prior and primary charges on the lands and the owners thereof for the time being.

To remove all doubts on the subject, it is enacted by the 1 & 2 Vict. c. 64. s. 4. that the provisions of the acts in relation to merger, shall extend to copyholds.

England and Wales, and duly confirmed on the

day of

—, the tithes of the parish of L., in the county of
were commuted, and a rent charge of the annual sum of £5
was awarded to be paid to of the parish of —, in the
said county of
his heirs or assigns, or to the
" yeoman,
per-
sons entitled in remainder or reversion after him, instead of the
impropriate tithes arising from certain lands of the said parish of
L.. of the estimated quantity, in statute measure, of 15 A. 1R. 16p.
AND WHEREAS, by the instrument of apportionment of the rent
charge awarded to be paid in lieu of the tithes of the said
parish of L., and also duly confirmed on the

day of

MFRGER

OF RENT

CHARGE.

lands by the

the said rent charge of £5 has been charged upon the lands particularly described in the said apportionment, and on the plan thereto annexed, numbered respectively 1481, 1487, 1486, 1555, 1558, 1559 and 1570. AND WHEREAS the Seisin of said C.D. is seised of an estate in possession in fee simple of the different impropriate tithes so commuted as aforesaid, and of so much of proprietors. the said rent charge of £5 as was awarded in lieu thereof, arising from the said lands numbered 1481, 1487 and 1486 respectively, and is seised in fee according to the custom of the manor of L., in the county of, of the said lands numbered 1481, 1487 and 1486. AND WHEREAS the said A. B. is seised of an estate in possession in fee simple of the said lands numbered 1555, 1558, 1559 and 1570 respectively, and is also seised of an estate in fee simple, in possession of the impropriate tithes thereof so commuted as aforesaid, and of so much of the said rent charge of £5 as was awarded in lieu thereof. NOW THEREFORE, Merger by we the said A. B. and C. D., according to our respective rights and interest therein, do hereby respectively declare it to be our will and intent THAT THE SAID RENT CHARGE of £5 shall hence- of rentcharge. forth be absolutely merged and extinguished in the freehold and inheritance of the lands, in respect of which the said rent charge was heretofore payable, and upon which it has been charged as aforesaid in and by the said instrument of apportionment. IN TESTIMONY whereof we have hereunto subscribed our names and affixed our seals this day of - 1855.

proprietors.

SHARE IN RESIDUARY

PERSON

ALTY.

Parties.

Testamentary gift of

residuary estate,

to vendor

and another equally.

Testator's death, and probate of will.

vendor's

moiety.

No. XXXVI.

ASSIGNMENT of a SHARE in RESIDUARY PERSONAL
ESTATE devised under a WILL.

day of

BE

THIS INDENTURE, made the
TWEEN A. B. of &c. [vendor], of the one part, and C. D. of &c.
and E. F. of &c. [purchasers], of the other part. WHEREAS
G. H. late of &c., by his last will and testament in writing,
bearing date the day of, after making divers devises
and bequests therein contained, gave, devised and bequeathed
All the residue and remainder of his real and personal estate
whatsoever and wheresoever, subject to and charged with the
payment of his just debts, funeral and testamentary expenses,
and the several legacies thereinbefore bequeathed, or to be
given or bequeathed by any codicil or codicils to his said will,
unto his nephew and the said A. B., their heirs, executors and
administrators, according to the nature and quality of such
property respectively, to be equally divided between them,
share and share alike, as tenants in common and not as joint
tenants. AND WHEREAS the said testator departed this life
on or about the day of
without having in any

respect altered or revoked his said will, and the said will was duly proved in the Prerogative Court of the Archbishop of Canterbury, by the executors appointed by the said will, on Contract for or about the day of AND WHEREAS the said C. D. purchase of and E. F. have contracted and agreed with the said A. B. for the absolute purchase of the one moiety or share, to which by virtue of the said recited will the said A. B. is entitled, of and in the residuary personal estate and effects of the said testator deceased, at the price or sum of £. NOW THIS INDENTURE WITNESSETH that in pursuance of the said Considera- agreement, and in consideration of the sum of £

tion.

to the

said A. B. paid by the said C. D. and E. F., in equal shares on or before the execution of these presents, [the receipt whereof &c.]; he the said A. B. by these presents, doth assign

RESIDUARY

PERSON-
ALTY.

Vendor

and 'set over unto the said C. D. and E. F., their executors, SHARE IN administrators and assigns, ALL THAT the one moiety or equal half part or share, and all other the part share or interest to which he the said A. B. is entitled, under or by virtue of the said recited will of the said G. H., deceased, of and in the assigns residuary personal estate and effects of the said testator, and of and in the stocks, funds and securities of which the same may consist, or by which the same respectively may be represented, and of and in all the interest, dividends and an

nual produce thereof.

AND ALL THE ESTATE, right, interest,

property, benefit, advantage, claim and demand whatsoever, both at law and in equity, of him the said A. B., of, in, to or out of the said premises and every part thereof: To HAVE, HOLD, RECEIVE, TAKE AND ENJOY the said moiety or other part or share of the said residuary personal estate, stocks, funds and securities, interest, dividends and annual produce, and all and singular other the premises hereby assigned or otherwise as

sured or intended

his moiety of residuary estate,

so to be, unto the said C. D. and E. F., their to purchaser.

executors administrators and assigns, to and for their own proper use and benefit absolutely, as tenants in common and

not as joint tenants.

AND FOR THE BETTER ENABLING the said Power of

C. D. and E. F., their executors, administrators and assigns, to

obtain payment of

and receive, and enjoy the said moiety, or

other share, and premises hereby assigned, or intended so to be,
he the said A. B. doth by these presents irrevocably constitute
and appoint the said C. D. and E. F., their executors, adminis-
trators and assigns,
him the said A. B., his executors and administrators, and in
the true and rightful attornies of and for

his or their name

behoof of the said C. D. and E. F., their executors, administrators and assigns, to ask, demand, sue for, recover and receive of

names, but to and for the proper use and

and from all and

every

being of the said

the trustees or trustee for the time
residuary estate and premises, the said

moiety or share, and all other the premises hereby assigned,
or intended so to
or of any part thereof, to commence and prosecute any
be, and upon nonpayment of the same,
actions, suits and other proceedings for the recovery thereof,

and to settle,

compound

or reckonings relative thereto, and on payment thereof or any part thereof, to sign and give receipts, discharges and

or compromise all or any accounts

attorney.