of sale of the sd hereds, which is now vested in the sd K. and L., as the present trees of the sd settlemt, and is exerciseable with the consent of the sd A. as tenant for life thereunder." of free sale. XXVIII. WHAS by an indre, &c., [executed in conson of the Conveyance marre then intd and shortly afterwards solemnised of the sd holds in A. and B.] certain hereds situate in the county of, &c., trust for which comprise the hereds hby assured, were assured unto and to the use of the sd K. and L., their hrs and assigns, upon trust [after the sd intd marre], &c., recite material parts of the trust for sale at length, or, "upon trust for sale with the consent of the sd A. and B., or the survor of them, during their, his, or her life [and afterwards at the discretion of the trees or tree for the time being of the same indre]." XXIX. WHAS by an indre of lease, dated, &c., and expd, Lease. &c., the sd A. demised unto the sd B., his exs, ads, and assigns, all, &c., parcels in full, with the appurtenances thof, to hold the same unto the sd B., his exs, ads, and assigns, from the day of for the term of years, subjt to the paymt of the rent thby reserved, and the performance and observance of the covenants on the pt of the lessee and condons therein contd. lease XXX. WHAS by an indre, &c., the sd A. demised unto the Mining sd B., his exs, ads, and assigns, all those mines, seams, (short). measures, or strata of coal, known as and also all those mines, beds, or strata of ironstone known as XXXI. WHAS by an indre, &c., the sd premes comprd in Assign ment of lease. Variation for two leases. Assign ment of part of leaseholds at an apportioned rent. Devolution of title to lease. for two the sd indre [respive indres] of lease with the appurtenances were assigned by the sd A. to the sd B., his exs, ads, and assigns, for the [respive] residue[s] of the sd term of years, [several terms of years and years], granted by the sd lease [leases resply], subjt to the rent[s] reserved by and covenants on the pt of the lessee and condons contd in the sd lease [respive leases]. XXXII. WHAS by an indre, &c., the sd K. [who was then entled to the premes demised by the sd lease for the residue then unexpired of the sd term of years] assigned unto the sd A. the hereds hby assigned, being part of the hereds demised by the sd lease, to hold the same unto the sd A., his exs, ads, and assigns, for the residue of the sd term of years, subject to the yearly rent of £, being an apportioned pt of the sd rent of £ reserved by the sd lease, and to the covenants by the lessee and condons thenceforth to be performed and observed in respect of the premes thby assigned, and by the same indre the paymt by the sd K. and A. resply and their respive exs, ads, and assigns of their respive portions of the sd rent of £, and the performance and observance by them resply of the covenants and condons of the sd lease in respect of the premes vested in them, and their mutual indemnity in respect thof were secured by mutual covenants in that behalf thby entered into by the sd K. and A. resply and by mutual powers of distress and entry thby granted by them upon their respive portions of the sd premes. XXXIII. WHAS by virtue of divers mesne assurances, acts in the law, and events, and ultimately by an indre, dated, &c., Variation and expd, &c., the sd premes comprd in the sd [several] indre[s] of lease have become absolutely vested in the sd A. for all the residue of the sd term[s] of years [and years], subjt to the rent[s] reserved by and covenants and condons contd in the sd lease[s resply]. leases. Deed acknowledged XXXIV. WHAS by an indre, dated, &c., and duly acknowor enrolled ledged by -, or, "enrolled," psuant to the statute in that under behalf, and expd to be made, &c. Fines, &c., Act. 3 devise Act. for sale. XXXV. WHAS X., late of, &c., deceased, duly made his will General dated, &c. [if before the Wills' Act say, in mner then required before or for devising real estate], and thby after certain specific devises after Wills and other dispositions not affecting the hereds hby assured Variation [covenanted to be surrendered], gave and devised the residue for trust of his freehd and copyhd estes and hereds unto, &c. [unto and to the use of the sd A. and B., their hrs and assigns, upon trust, &c., recite trust for sale, as far as material, at length, or, "upon trust for sale and with power to give rects for the pchase money"]. Death of testator and probate, see p. 333. AND Seisin of WHAS the sd testor, if will was before the Wills' Act, say, was at the date of his will and thenceforth until his decease, if after the Act say, "was, at the time of his decease," seised in fee simple of the freehd hereds hby assured [seised of the copyhd hereds hby covenanted to be surrendered for an este of inheritance according to the customs of the respive manors of which the same are held]. testator. devise. XXXVI. WHAS X., late of, &c., deceased, duly made his Specific will, dated, &c., and thby gave and devised the hereds hby assured, with the appurtenances [by the description of, &c.] unto, &c. Death and probate, see p. 333. XXXVII. WHAS A., late of, &c., deceased, duly made his will, Will devisdated, &c., and thby gave and devised the hereds hby holds subing freeassured (subjt to certain annuities or rent-charges thby ject to annuities limited or devised to L. and M. resply and their respive and a term. assigns during their respive lives, with the usual powers and remedies for enforcing paymt thof when in arrear, and to a term of years, commencing from the sd testor's decease, thby limited to trees upon certain trusts for, &c.) to the use of, &c. XXXVIII. And whas the sd testor duly made a codicil to Codicil. his sd will, dated, &c., whby after reciting, &c., he, the sd testor, gave and devised, &c. XXXIX. WHAS by a deed-poll, dated, &c., under the hand Deed poll. and seal of the sd A., &c. XL. WHAS by a bond or obligation, dated, &c., under Bond. the hand and seal of the sd A., the sd A. became bound Variation unto the sd B., in the sum of £ where recited. with a condon for recitals are making void the same upon paymt, &c., or, "conditioned for the paymt, &c.," or, "with a condon thereunder written whby after reciting, &c., it was provided, that upon paymt, &c., the sd bond should be void." Appointment of tees. Deed of even date, or dated the day before. Award of Commis sioners. Award of enfran. XLI. WHAS by an indre dated, &c., endorsed on [annexed or supplemental to] the hinbefore recited indre of settlemt, and expd, &c., [in exercise of a power for that ppose contd in the sd indre of settlemt,] the sd A. and B. were resply duly appointed trees for the pposes of the same indre in the place of the sd L. deceased, and of the said M. who was discharged from the treeship of the sd settlemt, and by the indre now in recital, or otherwise, the sd trust estes and premes which were then subjt to the trusts of the sd settlemt were duly assured or transferred so as to vest in the sd A. and B. jointly with the sd C. XLII. WHAS by an indre bearing even date with, and executed before, or, "already prepared and engrossed and intd to be executed immediately after," or, "bearing date the day next before the day of the date of," these presents, and expd to be made between, parties, or, "the same pties as these presents," the sd premes have been, or, "are intd to be," conveyed, &c. XLIII. WHAS by the award, dated, &c., of the Commissioners appointed under an Act of Parliamt of the and' years of her present Majesty, c., intituled, &c., (and which award was duly confirmed by the Inclosure Commissioners for England and Wales on the day of -), the pieces of land, allotmts, and hereds hinafter covenanted to be surrendered, were (togr with other hereds) allotted and awarded to the sd A. for or in respect of [or in exchange for] the sd copyhd hereds comprd in the hinbefore recited surrender of, &c. [or certain pts thof]. XLIV. WHAS by an award of the Copyhd Commissioners, chisement. dated, &c. [after reciting that the enfranchisemt of the sd hereds had been duly required according to the provons of the Copyhd Acts, and that A., the lord of the sd manor, had consented in writing to the enfranchisemt extending to the rights reserved by the Copyhd Act, 1852, sec. 48, and that the amount to be paid for such enfranchisemt had been ascertained under the provons of the Copyhd Acts to be the sum of £, and that such sum had been duly paid under the direction of the sd Commissioners, and that all other acts required by the sd Acts previously to the confirmation of the award now in recital had been duly done and performed:] The sd Commissioners, in psuance of the powers vested in them by the Copyhd Acts, enfranchised the sd hereds with their appurtenances, [and did also, by virtue of the consent afsd, enfranchise the same from all the rights reserved by the Copyhd Act, 1852, sec. 48:] To be holden as freehd thenceforth discharged from all incidents of copyhd or customary tenure. Act of Par XLV. WHAS by a private Act of Parliamt made and passed Private in the year of the reign of her present Majesty liament. (chapter), intituled, &c., after reciting (among other things) that, &c., it was enacted, &c. TITLE. fee in pos 1. WHAS [under the will of X., late of, &c., deceased, Seisin in dated, &c., or, "under an indre dated, &c., and made, session or &c.," the sd A. is seised of the hereds hby assured in fee reversion. simple in possion, or, "in reversion expectant on the decease of B. of, &c.," free from incumbrances. II. WHAS the sd A. is seised of the copyhd hereds hin- Title to after covenanted to be surrendered for an este of inherit- copyholds. ance to him and his hrs, according to the custom of the freeholds III. WHAS the sd A. is seised in fee simple of such Seisin of portions of the hereds hinafter described as are of freehd and copytenure (and which portions comprise or are believed to holds intercomprise acres or thereabouts, but are intermixed with or otherwise undistinguishable from the copyhd or mixed. |