tioned to be made by the faid G. H. to the faid E. F. and in confideration of one dollar, lawful money of, &c. to the faid E. F. in hand paid by the faid G. H. at or before the enfealing and delivery of these prefents, the receipt whereof is hereby acknowledged, HE the faid E. F. hath given, granted, bargained, fold and demifed, and by these prefents, doth give, grant, bargain, fell and demife unto the said G. H. his executors, adminiftrators and affigns, all that meffuage with the appurtenances, fituated together [See Leafes for the general words to be used on a demife of houses. &c.] To have and hold the faid meffuage and premifes above mentioned, with the appurtenances unto the faid G. H. his executors, adminiftrators and affigns, from the day of laft paft, for and during, and unto the full end and term of ninety-nine years, from thence next enfuing, and fully to be complete and ended, if he the faid E. F. and G. H. fhall both of them fo long live. And this indenture farther witneffeth, that the faid G. H. in confideration of the faid bargain and fale fo made unto him the faid G. H, by the faid E. F. as aforefaid, and in confidera tion of the fum of one dollar lawful money of, &c. to the faid G. H. in hand paid by the faid E. F. at or before, &c. the receipt, &c. hath given, granted, bargained, fold and demifed, and by thefe prefents dath give, grant, bargain, fell and demife, unto the faid E. F. his executors, adminiftrators and affigns, all that meffuage, with the appurtenances, fituated, &c. together [See as before directed] To have and to hold the faid laft mentioned meffuage or tenement and premifes, with the appurtenances, unto the faid E. F. his executors, adminiftrators and affigns, from the faid day of laft paft, for and during, and unto the full end and term of ninety-nine years, from thence next enfuing, and fully to be complete and ended, if he the faid G. H. and E. F. fhall both of them fo long live, in exchange for the faid meffuage, &c, firft above mentioned to be granted by the faid E. F. to the faid G. H. in exchange, as aforefaid. And the faid E. F. for himself, his heirs, executors and adminiftrators, doth covenant, grant and agree to and with the faid G. H. his executors, adminif trators and affigns, that he the faid G. H. his executors, administrators and affigns, fhall and may from time to time, and at all times hereafter, during the faid term hereby granted by the faid E. F. as aforefaid, peaceably and quietly have, hold, occupy, poffefs and enjoy the faid meffuage, &c, and other the premises first above mentioned, with the appurtenances, without the let, fuit, trouble, hindrance, moleftation, interruption, eviction, or disturbance of him the faid E. F. his executors, or adminiftrators, or of any of them, or of or from any other perfon or perfons whom foever, lawfully claiming or to claim, by, from or under him, them or any of them: AND ALSO that he the said E. F. hath not at any time heretofore made, done, committed, or fuffered any act, matter or thing whatfoever, whereby or by means whereof the faid meffuage, tenement and premises firft herein before granted and demifed, or intended fo to be, or any of them, or any part or parcel thereof, is, are, fhall or may be impeached, charged or incumbered, in title, charge, eftate or otherwife howloever during the eftate hereby granted. AND ALSO that he the faid E. F. and all and every perfon and perfons claiming or to claim, from, by or under, or in truft for him, fhall and will from time to time, and at all times hereafter, during the eftate hereby granted, upon every reasonable request and at the cofts and charges of the faid G. H. or his, &c, make, do and execute, or caufe to be made, done and executed all further and other lawful and reasonable acts, deeds and things, for the further and better granting and demifing of the fame meffuage, tenement and premises unto the faid G. H. his executors, adminiftrators and affigns for

and

and during the refidue which shall then be to come of the faid firft mentioned term of ninety-nine years: And the faid G H. for himself, &c. [Here infert from G. H. to E. F. the like covenants as to the quiet enjoyment Sc. of the laft mentioned meffuage &c. fold by him.] Provided always, nevertheless, and thefe prefents are upon this condition, and it is the true intent and meaning of the parties hereunto, that if it fhall happen, that either of the faid parties to these prefents, their executors, adminiftrators or affigns, fhall at any time hereafter, during the said respective terms above granted, by colour or means of any former or other gift, grant, bargain or fale or otherwife howfoever, be oufted or evict. ed of and from the poffeffion of either of the faid meffuages or tenements, and other the premises, fo refpectively granted in exchange as aforefaid, or any part thereof, then and in fuch cafe, these presents, and every matter and thing therein contained, fhall be utterly void, and of none effect, and then and thereafter it fhall and may be lawful to and for the party or parties fo oufted or evicted, into his or their faid former messuage and premifes, with all and fingular the appurtenances to re-enter, and the fame to have again, repoffefs, and enjoy, as of his and their former eftate or estates; any thing herein contained to the contrary thereof in any wife notwithstanding. In witness, &c.

N. B. In exchanges it is required that both the estates granted be equal, as fee fimple for fee fimple, life for life, a term for the like term, &c. yet the things exchanged need not be of one nature, or equal in value. Lit. 63, 64. Co. Lit. 50, 51.

In every exchange is implied a condition of re-entry upon the lands given in exchange, if either of the parties is evicted of the lands granted him, or any part thereof. 4 Rep. 121.

OF GIFTS AND GRANTS.

Deed of gift paffes either lands or goods. It is good against the donor or

A perfon has frees it, and all others except ereditors, when it thall appear

to be done with an intent to defeat them of their debts; in which cafe the law adjudgeth fuch deed void as to fuch creditors. Grants are of the like nature with deeds of gift. In a good grant or gift, there inuft be a grantor or donor able to grant ; and a grantee or donee capable of taking the thing granted. See Wood's Inft. 332. Perk. 57. 3 Rep. 80.

K

A Deed of Gift of Perfonal Eftate. NOW all men by these prefents, that I A. B. of in confideration of the natural love and affection which I have and bear unto my beloved fifter C. D. and alfo for divers other good caufes and confiderations me the faid A. B. hereunto moving, have given, granted and confirmed and by these prefents, do give, grant and confirm unto the faid C. D. all and fingular my goods, chattels, plate, jewels, leafes and perfonal eftate whatfoever, in whofe hands, custody or poffeffion foever they be, within the ftate of To have, hold and

enjoy all and fingular the faid goods, chattels, and perfonal eftate aforefaid, unto the faid C. D. her executors, adininiftrators and affigns, to the only proper ufe and behoof of the faid C. D. her executors, adminiftrators and affigns for ever. And I the faid A. B. all and fingular the faid goods, chattels, perfonal eftare,

I

and

and other the premises to the faid C. D. her executors, adminiftrators and affigns against me the faid A. B. my executors and administrators, and all and every other perfon and perfons whomfoever, fhall and will warrant, and for ever defend by thefe prefents. Of all and fingular which faid goods, chattels, perfonal eftate and other the premifes, I the faid A. B. have put the faid C. D. in full poffeffion, by delivering to her one pewter difh at the time of the fealing and delivery of these prefents, in the name of the whole premifes hereby granted. In witness, &c.

N. B. A memorandum of livery and feifin, in the form of that to be indorsed on a bill of fale of goods, must be here likewife ufed.

A Deed of Gift of Lands by Indenture. THIS Indenture, made, &c. between E. F. of

THIS

of the one part, and G. H. fon of the faid E. F. of the other part, witneffeth that the faid E. F. as well for and in confideration of the natural love and affection which he the faid E. F. hath and beareth unto the said G. H. as also for the better mainte nance, fupport and livelihood of him the faid G. H. hath given, granted, aliened, enfeoffed, and confirmed, and by thefe prefents, doth give, grant, alien, enfeoff and confirm unto the faid G. H. his heirs and affigns, all that messuage, or manfion-house, with the ftable, barn, orchard, garden and feveral pieces or parcels of land, arable, plough and pafture ground thereunto adjoining and be. longing, commonly called or known by the name of now or late in the tenure, poffeffion or occupation of and alfo, all that certain farm, piece or parcel, and now in the occupation of

of land, fituate, lying and being Together with all and fingular the hereditaments and appurtenances thereunto belonging, or in any wife appertaining to the faid meffuage, farm, lands, tene ments, hereditaments and premifes, hereby mentioned, or intended to be granted and confirmed unto the faid G. H. as aforefaid, or any part or parcel thereof, belonging or in any wife appertaining, or therewithal commonly held, used, occupied or enjoyed, or accepted, reputed, taken or known as part or parcel of, or belonging to the fame; and the reverfion and reverfions, remainder and remainders, rents, iffues and profits of all and fingular the faid premifes, with their appurtenances, and all the eftate, right, title, intereft, property, claim and demand whatfoever of him the faid E. F. of, in and to the

dweffuage, farm, lands, tenements and premises, and of, in and to every part 2 parcel thereof, with their and every of their appurtenances: To have and to oid he faid meffuage, lands, tenements, hereditaments, and all and fingular other the premifes thereby granted and confirmed or mentioned, or intended fo to be with their and every of their appurtenances, unto the faid G. H. his heirs and affigns, to the only proper ufe aud behoof of him the faid G. H. his heirs and affigns for ever. And the faid E. F. for himself, his heirs, executors and administrators, doth covenant, grant and agree, to and with the faid G. H. his heirs and affigns, by thefe prefents, that he the faid G. H. his heirs and affigns, fhall and lawfully may, from time to time, and at all times hereafter, peaceably and quietly have, hold, ufe, occupy, poffefs and enjoy the faid meffuage, farm, lands, tenements, hereditaments, and premifes hereby granted and confirmed, or mentioned, or intended to be hereby granted and confirmed, with their and every of their appur tenances, free, clear and fully difcharged, or well and fufficiently faved, kept harmless and indemnified, of, from and against all former and other gifts, grants, bargains, fales, jointures, feofments, dowers & eftares, and of, from & against al former and other titles, troubles, charges and incumbrances whatfoever had, done,

of

or fuffered, or to be had, made, done, or fuffered by him the faid E. F. his heirs or affigns, or any other perfon or perfons, lawfully claiming or to claim, by, from, or under him, them or any of them. In witness, &c.

Note; Livery and feifin muft be delivered on this grant. See livery and feifin.

Deed of Gift of Goods and Chattels, conditionally.

in confideration of the natural love and affection which I have and bear to my nephew F. S. of & for and towards the better fupport and maintenance of him after my decease, and for divers other good caufes, and valuable confiderations me thereun to especially moving, HAVE given, granted and fold, and by these presents DO give, grant and fell unto the faid F. S. all and fingular my perfonal eftate, confift ing of (here particularize and defcribe the articles) and all other my goods and chattels whatsoever and wherefoever, and of what nature, fort or kind foever; TO HAVE AND TO HOLD the faid (here mention two or three of the principal articles) and all and fingular other the goods and chattels hereby granted, bargained and fold, or mentioned or intended fo to be, and every part and parcel thereof unto the faid F. S. his executors, administrators and affigns, as his and their own proper goods, chattels and effects, from henceforth for ever: PROVIDED ALWAYS, and thefe prefents are upon this special truft and confidence, and upon this exprefs condition, that he the faid F. S. his executors, administrators and affigns, fhall and do permit and fuffer me the faid M. B. to ufe, keep and enjoy all and fingular the faid goods and chattels (or if a part specify them) during my natural life, without paying or yielding any thing for the fame, or in refpect thereof and not otherwife: And that from and after my deceafe he the faid F. S. his execu tors, administrators or affigns, fhall or lawfully may have, hold, and enjoy the fame and every part and parcel thereof, and difpofe thereof, and convert the fame to his and their own proper ufe and behoof as he or they fhall think fit. In WITNESS, &C.

KNOW ALL MEN by these presents that 1, M. B. of

THIS

A grant of an Annuity by Indenture,

'HIS Indenture made, &c. between A. B. of of the one part, and C. D. of of the other part, witneeth, That the faid A. B. for and in confideration of the fum of to him in hand well and truly paid by the faid C. D. at or before the sealing and delivery of thefe prefents, the receipt whereof the faid A. B. doth hereby acknowledge, hath given, granted and confirmed, and by these presents doth give, grant and confirm unto the faid C. D. and his alligns one annuity of to be received, taken, had, and to be iffuing out of all that meffuage, &c. with all and fingular the appurtenances thereunto belonging, and every part and parcel thereof, unto the faid C, D. and his affigns, for and during the natural life of him the faid C. D. payable and to be paid at and upon

yearly by even and equal portions; the first payment to begin and be made at or upon, And if if fhall happen that the faid annuity of or any part thereof be behind or unpaid, in part or in all, by the space of twentyone days next after either of the faid days or times of paymant thereof, whereupon the fame fhould or ought to be paid as aforefaid; that then, and so often, and at any time thereafter, it fhall and may be lawful to and for the faid C. D. and his affigns, into and upon the faid meffuage and premifes above mentioned, or any part thereof, to enter and diftrain, and the diftrefs and diftreffes then and there

found

found, to take, lead, drive, carry away and impound, and the fame impound to take, hold and keep, until the faid annuity & the arrears thereof (if any shall be) together with all cofts and charges thereabout, or concerning the fame, fhall be fully paid and fatisfied. And the faid A. B. for himfelf, his heirs, executors and adminiftrators, doth covenant, grant and agree, to and with the faid C. D. his executors, adminiftrators and affigns, that he the faid A. B. his heirs, executors or adminiftrators, fhall and will well and truly pay or caufe to be paid unto the faid C. D. his executors, adminiftrators or affigns, the faid annuity or yearly rent charge, &c. above, at the days and time, and in manner and form, as above expreffed and limited for payment thereof, according to the true intent and meaning of thefe prefents. And alfo that the faid meffuage, &c. above mentioned to be charged or chargeable with the faid annuity hereby granted fhall from time to time be and continue over, and fufficient for the payment of the faid annuity of yearly, during the life of the faid C. D. In witness, &c.

Grant of an Executorship, and of all fuch Goods, &c. as the Executor hath or ought to have thereby, with a letter of Attorney, and divers covenants.

"HIS INDENTURE made, &c. BETWEEN M. C. of, &c. executor of the

and I. S. of, &c. of the other part, WITNESSETH, that the faid M. C. for and in confideration of, &c. HATH given, granted, bargained and fold, and by these presents DOTH give, &c. unto the faid I. S. his executors, adminiftrators and affigns, all and fingular the goods, leafes, chattels, both real and perfonal, that were belonging unto the faid E. at the time of his deceafe, which the said M. hath, or of right ought to have as exécutor of the laft will of the faid E. or otherwife, and of all manner of debts, duties, advantages, commodities and demands which the faid M. his executors, adminiftrators or affigns, hath, might or ought to have, take, challenge or demand as executor of the laft will of the faid E. or otherwife, by virtue of the faid laft will and teftament. AND the faid M. DOTH for the confideration aforefaid, make, conftitute, and, in the place and room of him, his executors and adminiftrators, appoint the faid I. S. during his life, and his executors, adminiftrators aud affigns, after his decease, to be the true and lawful attorney and attornies of him the faid M. and of the executors and adminiftrators of him the faid M. giving or granting unto the faid I. S. during his life, and unto his executors, administrators and affigns after his decease, full power and lawful licence and authority in the name of him the faid M. his executors and adminiftrators, to take, have, afk, receive and levy all and fingular fuch debts, duties and demands which were due and owing unto the faid E. as executor of the faid laft will or otherwife, which be the faid M. by force of the faid will may afk, have, take, demand, receive, recover or levy. AND FURTHER that he the faid I. S. his executors, adminiftrators or affigns or any of them, hall and may from time to time, and at all times hereafter, in the name of him the faid M. his executors and adminiftrators, commence any action or actions, fuit or fuits, plaint or plaints, against any perfon or persons, in any court or courts whatfoever, or of any of them, and arreft for any debt, duty, matter, caufe or thing whatfoever, due, owing or accruing unto, or demandable by the said E. at the time of his decease; and attorney or attornies in the name of the faid M. to make, conftitute, revoke, alter, remove and change; and the fame actions, fuits, plaints and arrefts, or any of them,

fhall