and difpofe of the faid premifes, either together or in parts, to the best purchafer or purchasers, and for the best price or prices which they can reafonably get for the fame, and the receipt or receipts of the faid I. W. and C. D. or of the furvivor of them, or the heirs of fuch furvivor, to be fufficient releases and difcharges to fuch purchafer or purchasers, for his or their purchase money, for fo much thereof, for which fuch receipt, or receipts fhall be given, without fuch purchafer, or purchafers, being obliged to fee to the application, or being anfwerable for the mifapplication of the faid purchase money, or any part thereof; AND UPON THIS FURTHER TRUST, that they the said I. W. and C. D. or the farvivor of them, or the heirs of fuch furvivor, fhall and do forthwith, after fach fale, or fales, pay, apply and difpofe of the monies arifing by fuch fale, or fales to fuch perfon, or perfons, and in fuch proportions, manner and form as are particularly mentioned and specified in the schedule or inventory of the debts of the faid R. M. hereunto annexed and figned by the faid R. M. AND after Payment thereof, IN TRUST to pay the refidue of the money arifing by fuch fale or fales as aforefaid, to fuch perfon or perfons, and for fuch intents and purposes as the faid R. M. fhall by any deed or writing, by him duly executed, direct or appoint AND the faid R. M. DOTH hereby for himself, his heirs, executors and adminiftrators, covenant, promife, grant and agree, to and with the faid I. W. and C. D. their heirs and affigns, that he the faid R. M. hath not at any time heretofore, done, committed, or knowingly or willingly fuffered to be done or committed any act, matter or thing whatfoever, whereby, or by means whereof the faid premifes, or any part thereof, herein before granted and releafed, to the faid I. W. and C. D. their heirs and affigns in truft, as aforefaid, is, are, fhall or may be impeached, charged, or incumbered in title, charge, eftate, or otherwife howfoever, (fave and except, &c.) AND it is hereby declared and agreed, by and between the faid parties to these presents, that it shall and may be lawful to and for the faid I. W. and C. D. and the furvivor of them, and the heirs of fuch furvivor, in the firft place by and out of the truft, eftates, monies and premises, to deduct and reimburse him and themselves refpectively, all fuch loffes, cofts, damages, and expences, as he, they or any of them, fhall or may respectively fuftain, expend or be fubjected to for, or by reafon of the trufts hereby in them refpectively repofed, or the management or execution thereof, or any other thing, in any wife relating thereunto; AND also, that they the faid I. W. and C. D. or the furvivor of them, or the heirs of fuch furvivor, fhall not be answerable for any more monies than they respectively hall actually receive by virtue of these prefents, nor for any lofs which shall happen of the fame monies or any part thereof, fo as the fame happen without their wilful default, nor the one of them for the other of them, or for the acts, deed, receipts, or difburfments of the other of them, but each of them, their heirs, executors and adminiftrators, only for his own acts, deeds, receipts, and difburfments: [Infert covenant for further assurance, to fuch uses and intents, and upon fuch trufts, &c. as herein before mentioned.]

IN WITNESS, &c,

RENUNCIATION.

RENUNCIATION.

Renunciation of Adminiftration.

KNOW, &c. that A. A. widow and relict of C. B. late of, &c. and E. B.

the lawful fon of the faid C. B. deceased, do hereby renounce letters of adminiftration of the goods, rights and credits of the faid C. B. deceased: AND TO THE END that this our renunciation may have its due effect in law, we do hereby constitute and appoint to be our attorney and to appear for us before, &c. and pray and procure this our faid renunciation to be admitted and accepted to all intents and purposes, in law: AND we do confent as far as by law we may or can, that letters of administration of the goods, &c. of the faid deceased, be committed and granted to, &c. creditor of the faid deceased, and we do hereby promife to ratify and confirm all and whatfoever our faid attorney fhall lawfully do, or caufe to be done in the premises. In witness, c.

Renunciation, or difclaimer of Executorship.

THIS INDENTURE TRIPARTITE made, &c. BETWEEN M. N. of.

&c. of the third part. WHEREAS A. K. late of, &c. deceafed, before his death, duly made and published his last will and teftament in writing, bearing date, &c. and thereby devised, &c. to the said C. K. and made the faid I. B. and M. N. executors and trustees, as in and by the faid will may more fully appear: AND WHEREAS the faid A. K. foon after making the faid will, died, and the faid M. N. hath refufed to accept the faid executorship and truft, and never acted therein, but the faid I. B. alone proved the faid will, and took upon him the execution thereof: NOW THIS INDENTURE WITNESS-ETH, that the faid M. N. as a further declaration thereof, DOTH by these prefents renounce, and difclaim the faid executorship, and doth likewife by thefe prefents, remife and release unto the faid I. B. (the other executor) his executors and adminiftrators, all his eftate, right, title and intereft, in and to the said executorship, by virtue of the faid recited will, or otherwife howfoever. IN WITNESS, &c.

Renunciation by two Executors, and by the Widow.

KNOW ALL MEN, &c. that we W. C. of, &c. and R. T. of, &c.

executors named in the last will and teftament of R. M. late of, &c. de. ceased, for certain caufes us hereunto moving, do exprefsly renounce and disclaim the executorship of the said laft will and teftament of the faid R. M. AND that I, A. M. widow, relict and executrix of the aforefaid R. M. do exprefsly by these presents, renounce and difclaim the administration and execution of all and fingular the goods and chattels, rights and credits of the faid R. M. with his will annexed; AND to the intent that these our several and respective re.. nunciations may take effect, we the faid W. C. R. T. and A. M. do, hereby, constitute and appoint our attorney, for us and in our names to appear tefore. then and there for us, and in our refpective names to renounce, as well the execution of the faid laft will and teftament of the faid R. M. deceaf. ed, as alfo the administration of all and fingular his goods and chattels, rights

and

and credits, with his will annexed, and to do all ether things that fhall be requifite and neceffary in and about the fame, and what our faid attorney fhall legally do or caufe to be done in the premifes, by virtue of the authority herein given, we do hereby ratify and confirm. IN WITNESS, &C.

SUBMISSION.

Submiffion to an Award, with a Covenant from each party to perform the

Same.

HIS INDENTURE made, &c. BETWEEN B. A. of, &c. of the one part, D. C. do-by. these presents willingly and voluntarily compromife and submit themselves to the award, arbitrament, order and final determination of, &c. (the arbitrators) indifferently named and chosen by the said parties to award, arbitrate, order, finally determine, judge and decree, for, upon and concerning all, and all manner of actions, and caufes of actions, fuits, debts, accounts, difputes, fum and fums of money, trefpaffes, quarrels, bonds, fpecialties, and all other mat ters and things whatsoever, had, made, arifen, moved, or now depending in con #roverly between the said parties, fo that the faid arbitrators do make their award, order and final determination in writing, indented under all their hands and feals on or before, &c. and one part thereof deliver or caufe to be delivered unto the faid B. A. or his attorney or attornies, agent or agents in that behalf, requiring the fame, at or in (place appointed) and the other part of the faid award &c. to the faid D. C. his attorney or attornies, agent or agents fo requiring the fame at, &c. (fame day and place) SO THAT the faid arbitrators do not by the fame award, order or appoint any act or acts, thing or things to be done or performed, by or to any perfon or perfons, other than to, or by the faid parties to thefe prefents, their heirs, executors, adminiftrators or affigns, and not to or by any ftranger or ftrangers to this fubmiffion: AND the faid B. A. and D. C. and each of them, for themselves, their and each of their heirs, executors and admi. niftrators, po by thefe prefents, mutually covenant, promife, grant and agree, to and with the other of them, his heirs, executors and adminiftrators, and every of them, that neither they, nor either of them fhall or will at any time hereafter, recall or revoke their authority hereby given to the faid arbitrators; but shall in all things acquiefce and submit themselves to their award and arbitrament; AND that they and each of them, the heirs, executors, administrators and affigns of each of them, fhall and will, well and truly obferve, perform, fulfil, and keep all and every clause, sentence, article, fubmiffion and agreement in these prefents con tained on his or their part to be obferved, performed, fulfilled and kept, according to the tenor, true intent and meaning thereof.

IN WITNESS, &c.

Note. If the award concern lands, &c. the lands must be specified.]

OF

A

OF SURRENDERS BY DEED.

SURRENDER by deed is the yielding up of an eftate for life or yeats,

to him who is next in reverfion or remainder, whereby the eftate for life or years may be drowned by mutual agreement between the parties.

To make a good furrender by deed, these things are required, viz. that the furrenderer must have an estate in poffeffion in the land, &c. furrendered; the furrender must be made to him that hath the next eftate in remainder or reverfion without any eftate coming between: and the furrenderee must have a greater eftate in his own right, in the thing furrendered, than the surrenderer, Lit. 338.

A Deed of Surrender to a Perfon having the Reversion in Fee.

KNOW all men by thefe prefents, that I A. B. of

Co.

for and in confiderof the of to me in hand paid by C. D. of the receipt whereof I do hereby acknowledge, have furrendered and yielded up, and by these presents do furrender and yield up unto the faid C. D. his heirs and affigns, all that meffuage [Here defcribe the premises] and the reverfion and reverfions, remainder and remainders, rents, iffues, and profits of all and fingular the faid premifes: To have and to hold the faid meffuage, &c. and all and fin. gular other the premises above furrendered and yielded up, and every part and parcel thereof, with the appurtenances, unto the faid C. D. his heirs and affigns to the only proper use and behoof of him the faid C. D. his heirs and affigns forever. [add covenant of warranty against heirs, &c. of furrenderer, & for further affurances.]

In witness, &c.

T

A Surrender of a Term of Years.

'O ALL TO WHOM thefe prefents fhall come, A. B. of, &c. fends greeting: WHEREAS C. D. of, &c. by his indenture of Leafe as within mentioned, under his hand and feal, bearing date the

day of

day of

for the confiderations therein mentioned, DID leafe and to farm let unto the faid A. B. his executors, adminiftrators and affigns, all that, &c. TO HOLD the faid demifed premises unto the faid A. B. his executors, adminiftrators and affigns, from the then last past, before the date of the said indenture of leafe, for and during, and unto the full end and term of twenty-one years, from thence next enfuing, and fully to be complete and ended, AT AND UNDER the yearly rent of dollars, payable at the expiration of each year, for and during the faid demifed term of twenty-one years, the first payment commencing and to be made on, &c. as in, and by the faid indenture of lease, relation being thereunto had, will more fully appear. AND WHEREAS there is yet to come and unexpired, of the faid demifed term of twenty-one years, the term of ten years. AND WHEREAS the faid A. B. is minded to furrender and yield up the remainder of the faid within mentioned term of twenty-one years, therein yet to some and unexpired, to the faid C. D. who is entitled to the reverfion of the faid premises in fee; Now KNOW YE, that I the faid A. B. for and in confideration of the fum of of lawful money of to me in hand well and truly paid by the said C. D. at or before the fealing and delivery of these pres

ents,

ents, the receipt whereof I the faid A. B. do hereby acknowledge, have gramed, furrendered and yielded up, and by these presents, do grant, furrender and yield up, unto the faid C. D. his heirs and affigns forever, the faid premifes, &c. above mentioned, and all the eftate, right, title, intereft, claim and demand whatsoever of me the faid A. B. of, in and to the faid premifes, and every part thereof, with the appurtenances, so that neither I the faid A. B. my executors, adminiftrators or affigns, or any of them, shall or may have, claim, challenge or demand the faid premifes, or any part thereof, or any eftate, right, title or intereft, of, in or to the fame ; but shall and will at all times hereafter, of and from all right, title and intereft, of and in the faid premises, and every part thereof, be barred and for ever excluded by thefe prefents: And I the said A. B. for myself, my heirs, executors and adminiftrators, do hereby covenant, grant, promife and agree to and with the faid C. D. his heirs and affigns, that he the faid C. D. his heirs and affigns, fhall and may at all times hereafter, peaceably and quietly enter into, have, hold, ufe, occupy, poffefs and enjoy all and fingular the faid premifes above mentioned, and every part thereof, with the appurtenances, without the lawful let, fuit, trouble, hindrance, moleflation, interruption or difturbance of me the faid A. B. my executors, administrators or affigns, or of any other perfon or perfons claiming under me, them or any of them. [Add covenant for further affurances.] IN WITNESS, &C.

WH

of

A Surrender or Declaration of Truft on a mortgaged Term. HEREAS in and by one indenture of demife, or bargain and fale, bearing date made or mentioned to be made between A. B. of the one part, and C. D. of of the other part, the faid A. B. for the confderations therein mentioned, did demife, grant, bargain and fell unto the faid C. D. his executors, adminiftrators and affigns, all thofe meffuages, &c. [Here defcribe the premifes mortgaged] to hold unto the faid C. D. his executors, adminiftrators and affigns, for the term of years from thenceforth next enfuing: In which faid indenture was contained a provifo or condition to make the fame defeasible and void on payment by the faid A. B. to the faid C. D. of the fun

of

of lawful money, &c. with legal intereft for the fame, at a certain day therein particularly mentioned, as in and by the faid indenture of demife or mortgage, relation being thereunto had, may more fully and at large appear: Now know all men by these prefents, that I the faid C. D. do hereby fignity and declare, that the faid fum of fo fecured to be paid and payable out of the mortgaged premifes, as aforefaid, are the proper monies of E. F. of

faid

and that the name of me the faid C. D. was only used in truft for the benefit and behoof of the said E. F. his executors, administrators and aligns, in the above in part recited indenture of demife or mortgage, and therefore in discharge of the faid truft in me repofed, as aforefaid, I the faid C. D. have, at the requett of the faid E. F. furrendered, affigned and fet over, and by thefe prefents, de grant, bargain, fell, affign and fet over unto the faid E. F. his executors, admi. niftrators and affigns, all the eftate, right, title, intereft, ufe, truft, benefit, claim and demand whatfoever, which I the faid C. D. have, or may have or claim of in or to the faid meffuages, &c. and other the premises, in and by the faid in par recited indenture of demife or mortgage, granted to me as aforefaid, or of, or in any matter or thing in the faid indenture mentioned or contained; fo that ne ther I the faid C. D. my executors, administrators or affigns, or any of us, at any time hereafter, hall or will afk, demand, claim or challenge, any intereft, bere fit, truft or privileges, in any refpect or manner whatsoever, in or to the faid above

forrendered