Signed by the said [surrenderor], and by him surrendered into Signature of Surrenderor. my hands this Name of Tenant. day of A customay tenant of the said manor. In the presence of Witness. And so signed by the said [sur- } Signature of Surrenderee. renderee]. SURRENDER out of Court of copyholds of inheritance by tenant in tail in possession to a purchaser, with consent of protector (ƒ). MANOR Of county of in the WHEREAS under and by virtue of the limitations contained in the will of [testator's name], late of [residence and calling], deceased, the customary or copyhold lands and hereditaments hereinafter described, were and are limited to the use of [surrenderor's name], and the heirs of his body, with remainders over. AND WHEREAS the said [surrenderor] hath lately contracted with [name of purchaser] of [residence and calling], for the sale to him of the inheritance in fee simple, according to the custom of the manor of [manor], at or for the price of £ [amount]. NOW BE IT REMEMBERED that on the day of [insert date], the said [surrenderor] in consideration of the sum of £- [amount] to him, then paid by the said [purchaser], the receipt whereof the said [surrenderor] doth hereby acknowledge and therefrom release (f) Vide 3 & 4 Wm. 4, c. 74, s. 50. and discharge the said [purchaser], his heirs, executors, administrators and assigns, and for the purpose of barring and extinguishing the said estate tail, to which the said [surrenderor] is so entitled as aforesaid, and all remainders over expectant thereupon and with the consent of [protector] of [residence, &c.], the protector named in the said recited will by him at the same time given, HATH surrendered and given up, and by these presents DOTH surrender and give up into the hands of the lord of the said manor by a rod, by the hands and acceptance of [name], a customary tenant, and sworn according to the custom thereof, ALL THAT, &c. [parcels], of the yearly rent to the lord of the said manor of [fine]. TOGETHER with all and singular the privileges and appurtenances thereto belonging, (and to which said hereditaments and premises the said [surrenderor] was admitted tenant at a Court holden for the said manor, on the day of [insert date], TO HOLD to him the said [surrenderor], and the heirs of his body according to the said recited will). AND all reversions and remainders, AND all the estate, right, title and interest of him the said [surrenderor], of, in or to the said premises, To THE USE of the said [purchaser], his heirs and assigns for ever, at the will of the lord, according to the custom of the said manor. Signed by the said [surrenderor], and by him surrendered into Signature of Surrenderor. my hands this day of Name of Tenant. A customary tenant of the said manor. Witness. And so signed by the said [pur-} Signature of Purchaser. chaser]. In the presence of Name of Tenant. A customary tenant of the said manor. Witness. Receipt for purchase-money to be subscribed. No. 44. CONVEYANCE of equitable fee simple by tenant in tail of copyholds to a purchaser (g). THIS INDENTURE made the day of [insert date], BETWEEN [name of vendor] of [residence and calling], of the one part, and [purchaser's name] of [residence and calling], of the other part. WHEREAS the said [vendor], by virtue of the will of [name of testator], late of [residence, &c.], deceased, is equitably entitled to the copyhold hereditaments hereinafter described, for an estate to him and the heirs of his body, according to the custom of the manor of [name], in the Courts of [names]. AND WHEREAS the said [vendor] has contracted with the said [purchaser], for the sale to him of the said hereditaments for an equitable customary estate of inheritance in fee simple in possession, for the price of £ [amount]. NOW THIS INDENTURE WITNESSETH that for the purpose of barring and extinguishing the said estate tail, to which the said [vendor] is now entitled as aforesaid, and all remainders and reversions expectant thereupon, and in consideration of the sum of £- [amount of purchase], of sterling English money unto the said [vendor], paid by the said [purchaser] immediately before the execution hereof, the receipt whereof the said [vendor] doth hereby acknowledge, and from the same release and acquit the said [purchaser], his heirs, executors, administrators and assigns for ever. HE the said [vendor], in pursuance of an act of Parliament, passed in the fourth year of the reign of his late Majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple modes of Assurance," DOTH hereby grant, convey and dispose of unto the said [purchaser] and his heirs, ALL, &c. [parcels], TOGETHER with (g) Vide 3 & 4 Wm. 4, c. 74, s. 53. all and singular their actual and reputed appurtenances, AND all reversions and remainders, AND all the equitable estate, right, title and interest of him the said [vendor] therein or thereto, UNTO and to the use of the said [purchaser], his heirs and assigns for ever, according to the custom of the said manor. AND the said [vendor], for himself, his heirs, executors and administrators, DOTH hereby covenant with the said [purchaser], his heirs and assigns, that he the said [vendor] now is possessed of, and well entitled to the said customary or copyhold hereditaments and premises for an equitable estate to him and the heirs of his body in possession, according to the custom of the manor of [name] aforesaid, without any condition, contingency or restraint to alter, impeach, or make void the same. AND also that he the said [vendor] now hath in himself power to grant, convey, and dispose of the said customary or copyhold hereditaments and premises to the use and in manner aforesaid, free from all incumbrances. AND that the same hereditaments and premises, and the equitable fee simple and inheritance therein shall henceforth be held and enjoyed accordingly, AND shall at any time or times hereafter, at the costs of the person or persons requiring the same, be further and more effectually or satisfactorily surrendered or otherwise assured to the use of the said [purchaser], his heirs and assigns, or otherwise by such acts, deeds or other assurances as the said [purhaser], his heirs or assigns shall reasonably require. IN WITNESS. To be sealed, signed and attested, with receipt indorsed; and entered on Court Rolls. No. 45. CONVEYANCE of a contingent interest in copyholds of inheritance to a purchaser (h). THIS INDENTURE made the day of [insert day of [insert date], gave date], BETWEEN [vendor] of [residence and calling], of the one part, and [purchaser] of [residence and calling, of the other part. WHEREAS [name], late of [residence and calling], deceased, by his will dated on the and devised all his customary or copyhold hereditaments unto the use of [name of tenant for life], for and during the term of her natural life for her own use and benefit, and from and immediately after the decease of the said [tenant for life], he gave and devised his said copyhold hereditaments unto and to the use of such one or more of her children as should survive her, and the heirs and assigns of such surviving child or children for ever, if more than one, as tenants in common. AND WHEREAS the said [name of testator] died on the day of [insert date], and his said will was proved in the Court of [state Court]. AND WHEREAS the said [tenant for life] is still living, and is of the age of [state], or thereabouts, and hath two children only, namely, the said [vendor] and [name] of [residence, &c.]. AND WHEREAS the said [vendor] hath contracted with the said [purchaser] for the absolute sale to him of his contingent interest in the said customary or copyhold hereditaments, and the inheritance thereof, according to the custom of the manor of [name] in the county of [state], for the sum of £— [amount]. Now THIS INDENTURE WITNESSETH that in pursuance of the said contract, and in consideration of the sum of £ [amount] to the said [vendor] paid by the said [purchaser] on the execution hereof, the receipt whereof the said [vendor] doth hereby admit and (h) Vide 8 & 9 Vict. c. 106, s. 6. |