Grant. expd (a)], the sd B., with the concurrence of the sd A., doth hby grant, and the sd A. doth hby grant and confirm unto the sd C. and his hrs, continue as in Precedent I., ending, "TO THE USE of the sd A., his hrs and assigns, for ever." IN WITNESS, &c. (b). ་ Witnes seth. Grant. IV. DISENTAILING DEED of FREEHOLDS by TENANT in PARTIES, A., tenant in tail, 1; B., protector, 2; C., grantee to uses, 3. Recite will or settlement by which the estates for life and in tail are limited, down to and including the limitation to A., and subsequent events, showing that A. is tenant in tail and B. protector: NOW THIS INDRE WITNETH that for the ppose, &c., as in Precedent I., the sd A., with the consent [hby testified] of the sd B., as protector of the settlemt, doth hby grant unto the sd C. and his hrs, parcels, as in Precedent I., omitting general words and estate clause, see pp. 357, 359, TO HOLD the sd premes hby granted UNTO the sd C. and his hrs, subjt and without prejudice to subject to the uses and estes limited or created by the sd will [indre of settlemt], which are prior to the este in tail of the sd A., and to the powers annexed to such prior estes so far as such uses, estes, and powers are now subsisting, or capable of taking effect, but FREED and discharged, &c., as in Precedent I., TO THE USE of the sd A., his hrs and assigns, for tail in fee. ever (d). Habendum. To grantee estates prior to estate tail. To use of tenant in IN WITNESS, &c. (a) The words in brackets might be omitted. (b) To be acknowledged by B. (see ACKNOWLEDGMENTS), and enrolled under 3 & 4 Wm. IV., c. 74, ss. 79 & 41. (c) See 3 & 4 Wm. IV., c. 74, s. 34. To be enrolled under s. 41. (d) If the entail is barred preparatory to a re-settlement, or it is intended that the tenant in tail shall not be independent of the tenant for life, the V. DISENTAILING DEED of FREEHOLDS and ENTAILED TECTOR limiting the estate to their JOINT APPOINT MENT (a). PARTIES, A., tenant for life, 1; B., tenant in tail, 2; C., Recitals. grantee to uses, 3. Recital of settlement on the marriage of A., and subsequent events showing that the estate stands limited to the use of A. for life with remainder to B. in tail male, subject to incumbrances and to a jointure and portions and terms of years for securing them, [and that a sum of £arising from sales, &c., under the powers of the settlement or otherwise, stands in the names of K. and L. the present trustees of the settlement on trusts to be re-invested in the purchase of land to be settled to the same uses:] AND WHAS the sd A. and Desire B. are desirous of barring the este in tail male and all other to bar. estes in tail of the sd B. in the sd hereds [monies] and premes, and all estes, interests, and powers to take effect after the determination, or in defeasance thof, and of assuring and limiting the same in mner hinafter expd: NOW THIS WitnesINDRE WITNETH that in psuance of such desire and in conson of the premes, the sd A., and the sd B. with the consent of the sd A. as protector of the sd settlemt, do respively, according to their respive estes and interests in the premes, hby grant unto the sd C. and his hrs, parcels as Grant. in Precedent I., omitting general words and estate clause, see Habendum pp. 357, 359; TO HOLD the sd premes hby granted UNTO the sd to grantee, subject to C. and his hrs, SUBJECT to the charges and incumbrances incumhinbefore mentd so far as the same affect the same premes reversion should be limited to their joint appointment, and in default as the tenant in remainder appoints if he survives the tenant for life (not to him in fee), &c., as in the next precedent. (a) See Elph., Introd. Conv., 494, and the last note. seth. brances. respively, and to the uses and estes limited or created by the sd indre of settlemt which precede the este in tail male of the sd B. (other than the este thby limited to the sd A. and his assigns for his life) and to the powers annexed to or exercisable during the continuance of such preceding uses or estes respively, and to the uses and estes limited or created, or to be limited or created, in exercise of such powers, BUT FREED, &c., as in Precedent I.: TO SUCH USES, and B. ap- upon such trusts, and with and subjt to such powers and provons, as the sd A. and B. shall at any time or times hereafter by any deed or deeds, revocable or irrevocable, In default. jointly appoint, AND IN DEFAULT of and subjt to any such appointmt, To SUCH USES, upon such trusts, and with and uses as B. subjt to such powers and provons, as the sd B., in case he To such uses as A. point. To such shall ap point. uses. shall survive the sd A., shall at any time or times after the death of the sd A., by any deed or deeds, revocable or irrevocable, or by will or codicil [in any case expressly referring In default. to this present power (b)] appoint, AND IN DEFAULT of and To original subjt to any such appointmt, To THE USES, upon the trusts, and with and subjt to the powers and provons which, under or by virtue of the hinbefore recited indre of settlemt, were subsisting or capable of taking effect in the sd premes immediately before the execution of these presents, and so as to restore and confirm the same uses, trusts, powers, and provons: [AND THIS INDRE ALSO WITNETH that in further psuance, &c., and in conson, &c., the sd A., and the sd B., with the consent of the sd A., &c., as above, do hby, according to their respive interests in the premes, grant and assign unto the sd C., his hrs and assigns, ALL that the sum of £ &c., now standing in the names of the sd K. and L. as afsd, and the hereds to be pchased thwith, To Habendum HOLD the same UNTo the sd C., his hrs and assigns, subjt to grantee. to the uses and estes created by the sd indre of settlemt Further witnesseth. Assignment. Sums of money. , which precede the cste tail of the sd B. in the same premes (b) The object of this requirement is to prevent a general devise operating contrary to the intention as an exercise of the power. (other than the este of the sd A. during his life) and to the powers annexed to or exercisable during the continuance of such preceding uses or estes resply and to the uses and estes created or to be created in exercise of such powers, BUT FREED, &c., as in Precedent I.: TO THE LIKE To like USES upon the like trusts, and with and subjt to the like powers and provons as are hinbefore decld and contd concerning the sd premes hby granted, or as near thto as the case may admit.] IN WITNESS, &c. (c). uses. VI. SURRENDER out of Court of COPYHOLDS by LEGAL The manor of county of. in the The day of dum of surrender. BE IT REMEMBERED that on the day above mentd, MemoranA., tenant in tail, of, &c., one of the customary tenants of the sd manor, came before X., [deputy] steward of the sd manor, and for the ppose of defeating and barring all estes in tail [male or in tail] of the sd A. in the hereds hinafter mentd, and all estes, rights, interests, and powers to take effect after the determination or in defeasance of such estes in tail [male or in tail], did out of Court surrender into the hands of the lord of the sd manor by the hands and acceptance of the sd [deputy] steward by the rod according to the custom of the sd manor, parcels, see Precedent I., p. 581, to which sd hereds and premes the said A. was admitted at a general (c) To be enrolled under 3 & 4 Wm. IV., c. 74, s. 41. (d) See 3 & 4 Wm. IV., c. 74, ss. 50-54. To be entered on the Cour Rolls. Court held for the sd manor on the day of to hold to him the sd A. and the hrs of his body according to a devise of the same premes contd in the will of L., late of, &c., deceased, therein mentd or referred to, omitting the estate To use of clause, see p. 359: TO THE USE of the sd A., his hrs and assigns, for ever, according to the custom of the sd manor, by and under the rents, fines, heriots, suits, and services due and of right accustomed for the same. surren deror in fee. Signature of A. . Taken and acknowledged X., [deputy] steward of the day and year above written. the sd manor. VII. SURRENDER out of Court of COPYHOLDS by LEGAL TENANT IN TAIL with CONSENT of PROTECTOR for barring the entail (the title being recited) (a). dum of surrender. WHAS, &c., recite settlement or will, dc., admittance, and facts showing that A. is tenant in tail and B. protector : Memoran- NOW BE IT REMEMBERED that on the day and year first above written the sd A. came before me, X., [deputy] steward of the sd manor, and for the ppose, &c., as in last Precedent, and with the consent of the sd B. as protector of the settlemt of the sd hereds testified by his signature hereunder written, did out of Court surrender into the hands of the lord of the sd manor by the hands and acceptance of me, the sd (a) See 3 & 4 Wm. IV.. c. 74, ss. 50-54. To be entered on the Court Rolls. |