BY TENANT IN TAIL IN REMAINDER AND PROTECTOR TO USES. day of in defeazance of such estate tail (but subject and without prejudice to all uses, estates, limitations and charges by the said indenture of settlement or the said indenture of the respectively limited or created, and to take effect prior to the estate in tail male of the said E. F., and to all the powers and privileges annexed or belonging to such prior uses, estates and limitations respectively, and exercisable during the continuance thereof respectively; and also subject to any subsisting leases or agreements for leases which may have been made or entered into of any of the said hereditaments in pursuance of the power of leasing in the said indenture of To releasee. release and settlement contained) unto the said G. H. and his as tenant for life and tenant in tail should appoint, heirs (but as to such of the said hereditaments hereby conveyed as are held for any life or lives during the life or lives for which the same are respectively holden, and the lives and life of the survivors and survivor, and subject to the payment of the rents and performance of the covenants by and in the respective To such uses leases thereof reserved and contained): NEVERTHELESS TO SUCH USES, upon and for such trusts, intents and purposes, and with, under and subject to such powers, provisoes, limitations, charges, declarations and agreements, and generally in such way, manner and form in all respects as the said A. B. and E. F. shall from time to time or at any time hereafter during their joint lives by any deed or deeds, with or without power of revocation and new appointment, jointly direct, limit in default of or appoint: AND IN DEFAULT of such joint direction, limitation or appointment, and so far as any such joint direction, limitation or appointment shall not extend, To such uses upon and for such trusts, intents and purposes, and with, under and subject to such powers, provisoes, limitations, charges, declarations and agreements, and generally in such way, manner and form in all respects as the said E. F., in case he shall survive the said A. B., shall at any time or times, or from time to time after the decease of the said A. B. by any deed or deeds made after the decease of the said A. B., and expressly referring to this power, with or without power of revocation and new appointment, direct, limit or appoint (and yet so that no such appointment as last aforesaid shall be made, except with the consent in writing of the said C. D. during her life in case she shall be living at the date of joint appoint ment as tenant in tail if he survives shall appoint. REMAINDER AND PRO USES. such appointment): AND IN DEFAULT of such direction, limita- BY TENANT tion or appointment as last aforesaid, and so far as any such IN TAIL IN direction, limitation or appointment shall not extend, to such and the same uses, and upon and for such and the same trusts, TECIor to ends, intents and purposes, and with, under and subject to such and the same powers, provisoes, conditions, agreements and And subject declarations as were subsisting in the said hereditaments hereby the settlegranted and conveyed immediately before the execution of this ment. present indenture, and in all respects as if these presents had not been made. IN WITNESS, &c. as aforesaid to the uses of THE SCHEDULE REFERRED TO IN THE ABOVE-WRITTEN No. LXXXII. PROTECTOR. CONSENT of PROTECTOR of an ESTATE TAIL in remain- CONSENT of vise to pro life, remain TO ALL TO WHOM THESE PRESENTS SHALL COME, A. B. of &c. [tenant for life and protector of the settlement], sends greeting: WHEREAS C. D., late of &c., deceased, duly Recite designed and executed his last will and testament in writing, tector for dated the day of, whereby he gave all his copyhold der to tenant or customary hereditaments, situate at and held of in the manor of —, unto the said A. B. and his assigns for his life, and from and after his decease to the use of E. F. and the heirs of his body in tail male, with divers remainders over: AND WHEREAS the said C. D. died on the day of in tail. without having in any respect altered or revoked his said will : AND WHEREAS the said A. B. is desirous of enabling the said Protector is E. F. to dispose of the said copyhold or customary heredita- giving his desirous of consent. PROTECTOR. Protector consents to the estate tail being barred. CONSENT OF ments so devised as aforesaid in such manner as he may think proper, and for this purpose to give such consent as is hereinafter contained: NOW THESE PRESENTS WITNESS, that for effectuating such desire and purpose, he the said A. B., as protector of the settlement created by the said recited will of the said C. D., doth by these presents consent to any and every surrender, disposition or assurance which the said E. F. may make or execute at any time or from time to time hereafter of the said copyhold or customary hereditaments so demised as aforesaid, for barring the estate in tail male of the said E. F., of and in the same hereditaments, and all remainders, reversions, estates, rights, titles, interests and powers to take effect after the determination or in defeazance of such estate tail, (subject and without prejudice to the said estate for life therein of the said A. B., and all powers and privileges annexed to such estate for life), to the use of the said E. F., his heirs and assigns for ever, or otherwise as he the said E. F. may think proper. IN WITNESS, &c. SURRENDER FSTATE TAIL DER IN Devise to No. LXXXIII. SURRENDER to bar an ESTATE TAIL in REMAINDER in COPYHOLDS, the Protector's consent having been obtained by Deed. The Manor of protector for in the County of WHEREAS A. B., late of, &c., duly I signed and executed his last will and life, remain- testament in writing, dated the der to his first and tail. day of and thereby other sons in (amongst other things) he gave and devised his copyhold and customary hereditaments, situate, (to which the said A. B. was admitted tenant at a general court holden for the said manor on the day of --, to hold to him and to his heirs, and which at the same court he duly surrendered to such uses as he should appoint by his last will and testament), unto day of SURRENDER TO BAR FSTATE TAIL IN C. D. and his assigns during his life, and from and after his decease unto the first and other sons of the said C. D. successively in tail male, with divers remainders over: AND WHEREAS the said A. B. died on the —, without having in REMAINDER any respect altered or revoked his said will: AND WHEREAS the said E. F. [surrenderor] is the eldest son of the said C. D., and has attained the age of twenty-one years: AND WHEREAS, at a court holden for the said manor of IN COPY. Death of testator. Surrenderor on the day of eldest sou of protector. the said C. D. was duly admitted tenant of the said copy- Admission of hold or customary hereditaments so devised as aforesaid, as protector. tenant for life under the said will of the said A. B.: AND Deed poll WHEREAS by a deed poll or instrument in writing under the tector's conhand and seal of the said C. D., bearing date the day of giving pro sent. -, he the said C. D., as protector of the settlement created by the said recited will, hath given his absolute consent to any and every surrender, disposition or assurance which the said E. F. may make or execute at any time, or from time to time hereafter, of the said copyhold or customary hereditaments, for barring the estate in tail male of the said C. D. of and in the same hereditaments, and all remainders, reversions, estates, rights, titles, interests and powers to take effect after the determination or in defeazance of such estate tail (subject and without prejudice to the said estate for life therein of the said C. D., and all powers and privileges annexed to such estate for life), to the use of the said E. F., his heirs and assigns for ever, or otherwise as he the said E. F. may think proper, according to the custom of the said manor: AND WHEREAS he the said Surrenderor's E. F. is desirous of defeating the said estate tail, and all other estates tail of him the said E. F., of and in the said copyhold or customary hereditaments, and all remainders, reversions, estates, rights, titles and interests and powers to take effect after the determination or in defeazance of such estate tail and estates tail. NOW THEREFORE BE IT REMEMBERED, that for Surrender effectuating the said desire, he the said E. F. on the day of and did came before L. M. of &c., steward of the said manor, out of court surrender into the hands of the lord of the said manor, by the hands and acceptance of the said steward, according to the custom thereof (the said recited deed poll being first pro desire to bar estate tail. accordingly to bar estate tail. SURRENDER COPYHOLDS. duced to the steward (a),) all and singular the pieces or parcels of land, messuages or tenements, hereditaments and premises IN REMAIN. devised by the said recited will as aforesaid, and to which the DER IN said C. D. was admitted as aforesaid, together with all commons, ways, passages, rights, members and appurtenances to the said hereditaments and premises belonging or in anywise appertaining, (and all the estate, &c.,) To THE USE of the said E. F., his heirs and assigns for ever, at the will of the lord, according to the custom of the said manor, at and under the rents and services therefore due and of right accustomed, subject nevertheless and without prejudice to the said estate for life of the said C. D., and all powers and privileges annexed to such estate, but freed and discharged of and from the said estate tail and all other estates tail of the said C. D., and all remainders, reversions, estates, rights, titles, interests and powers, to take effect on the determination or in defeazance of such estate or estates tail. This surrender was accepted and (L. M.) Steward of the manor. (a) If the protector gives his consent in person, the following words should be introduced: "With the consent of the said C. D., protector of the settlement made by the said will of the said A. B., to the said steward, at the same time given by the said C. D." |