[deputy] steward, by the rod according to the custom of the of sur sd manor, parcels, omitting the estate clause, see p. 359: To To use THE USE of the sd A., his hrs and assigns for ever, according, renderor. &c., as in last Precedent. Taken and acknowledged Signature of A. the day and year, &c., X., [deputy] steward. I, the above-named B., as protector of the settlemt Consent of protector. above mentd, do hby declare my consent to the above surrender: As WITNESS my hand the day and year first above written. Witness, C. Signature of B. VIII. SURRENDER of COPYHOLDS by EQUITABLE TENANT dum of WHAS, &c., recite settlement or will, and facts showing that A. is equitable tenant in tail [and B. protector]: NOW BE MemoranIT REMEMBERED that on the day and year first above surrender. written, the sd A. came before me, X., [deputy] steward of the sd manor, and for the ppose of defeating and barring all estes in tail [male or in tail] in equity or otherwise of him the sd A., in the hereds hinafter mentd, and all estes, &c., as in Precedent VI., [and with the consent of the sd B. as protector of the settlemt of the sd hereds testified by his signa (a) See 3 & 4 Wm. IV., c. 74, ss. 50-54. To be entered on the Court Rolls. ture hereunder written] did out of Court surrender into the hands of the lord of the sd manor, &c., as in Precedent VI. Signature of A. Taken and acknowledged the day and year, &c., X., [deputy] steward. by me. [Memorandum of consent of Protector as in last Precedent.] Witnes seth. Grant. Entailed parcels. IX. DEED by TENANT in POSSESSION for barring ESTATES TAIL in FREEHOLDS and MONEY, and EQUITABLE ESTATES TAIL in COPYHOLDS, and enlarging BASE FEES in FREEHOLDS and EQUITABLE BASE FEES in COPYHOLDS. VARIATIONS for TENANT IN TAIL in remainder, the consent of the PROTECTOR being given by a SEPARATE DEED (a). A short form without recitals. PARTIES, A., tenant in tail, 1; B., grantee to uses, 2. WITNETH that the sd A. doth hby grant unto the sd B. and his hrs ALL AND SINGULAR the hereds of freehd tenure whatsoever and wheresoever situate or arising, of or to which he, the sd A., is seised or entled for any este in tail male or in tail at law or in equity: AND ALSO all and singular the hereds of copyhd or customary tenure whatsoever and wheresoever situate of or to which he, the sd A., is seised or entld for any este in tail male or in tail in Habendum equity only, omitting the estate clause, see p. 359, TO HOLD to grantee. all the sd premes UNTO the sd B. and his hrs, (b) To THE (a) See 3 & 4 Wm. IV., c. 74, ss. 41-47. To be enrolled under s. 41, and entered on the Court Rolls of the manors under s. 53, within six calendar months after execution. Gibbons v. Snape, 1 De G. J. & S. 621. (b) If A. is tenant in tail in remainder of the whole or part, insert here, and in the corresponding places in the subsequent witnessing parts grantor in seth. USE of and in trust for the sd A., his hrs and assigns, for To use of ever, FREED and discharged, &c., as in Precedent I., but as fee. to the sd hereds of copyhd or customary tenure according to the custom of the several manors of which the same are respively holden; AND THIS INDRE ALSO WIT- Further NETH that the sd A. doth hby grant unto the sd B. and witnes his hrs, ALL AND SINGULAR (if any) the hereds of freehd Grant. tenure whatsoever and wheresoever situate or arising, in Base fee which an este in tail male, or in tail, at law or in equity (of parcels. which the sd A., if such este had not been barred, would have been actual tenant), has been barred and converted into a base fee: AND ALSO all and singular (if any) the hereds of copyhd or customary tenure whatsoever and wheresoever situate, in which an este in tail male or in tail in equity only (of which the sd A., if such este had not been barred, would have been actual tenant), has been barred and converted into a base fee, omitting the estate clause, p. 359, TO HOLD the sd last mentd premes UNTO the sd B., Habenand his hrs, To THE USE of and in trust for the sd A., To grantee. his hrs and assigns, for ever, so as to enlarge the base fee To use of now vested in him as afsd into a fee simple absolute, but as grantor in to the sd hereds of copyhd or customary tenure according to the custom of the several manors of which the same are respively holden: AND THIS INDRE ALSO WIT- WitnesNETH that the sd A. doth hby grant and assign unto the sd B. and his hrs ALL THAT the sum of, &c., in the Chan- assignment cery Division of the High Court of Justice, standing to the of money credit of the cause of X. v. Y., reference to record, the account of, &c. (c), And the hereds to be purchased thwith: "subjt [as to such of the sd premes as are subjt thto] to the uses and trusts which precede such estes in tail male or in tail respively." (c) As to the necessity for a disentailing deed, where the money is in Court, see Davidson, Prec. Vol. III., p. 1302, 3rd ed.; Re Butler's Will, L. R. 16 Eq. 479; Re Row, L. R. 17 Eq. 300; Re Wood's Settled Estates, L. R. 20 Eq. 372; Re Broadwood's Settled Estate, 1 Ch. D. 438; Re Reynolds, 3 Ch. D. 61. dum. fee. seth. Grant and in court. AND ALL other monies, stocks, funds, and secs (if any), whether in Court or not, which, or the proceeds of the sale of which, are subjt to be invested in the pchase of hereds of which the sd A. would be tenant in tail male or in tail: And the hereds to be purchased thwith, omitting the estate clause, p. 359, TO HOLD the sd premes lastly hby granted and assigned UNTO the sd B. and his hrs, FREED and discharged, &c., as in Precedent I., IN TRUST for the sd A., his for grantor. exs, ads, and assigns, as personal este (d). Haben. To grantee. IN WITNESS, &c. X. PROTECTOR'S CONSENT to the barring of an estate tail (a). TO ALL TO WHOM, &c., A., protector, of &c., sends greeting, Recite settlemt shortly, showing that A. is protector and B. tenant in tail: NOW THESE PRESENTS WITNESS that the sd A., as protector of the said settlemt, doth hby give his consent to every or any disposition which the sd B. shall make of the messuages, lands, tenemts, tithes, hereds, and premes comprised in or which are now by any means subjt at law or in equity to the subsisting uses or trusts of the sd settlemt or any of such premes or any pt thof. IN WITNESS, &c. (d) If A. is tenant in tail in remainder, say: "IN TRUST for the sd A., his hrs, exs, ads, or assigns, as real or personal este, according to the actual nature thof at the time when the este or interest of the sd A. shall fall into possion." (a) See 3 & 4 Wm. IV., c. 74, s. 34. To be enrolled in Chancery under a. 46, or for copyholds on the Court Rolls of the manor under s. 51. EXCHANGES. I. AGREEMENT for an EXCHANGE of FREEHOLDS for day of, 18 Parties. title. AGREEMENT made this BETWEEN A., of, &c., of the one pt, and B., of, &c., of the other pt. Recite title of A. to freeholds described in first Recitals of schedule in fee [subjt as hinafter mentd]. Similar recital of title of B. to freeholds or copyholds in second schedule, [or, if leasehold, AND WHAs the sd B. is possessed of the leasehd hereds described in the second schedule hto for the residue now unexpired of a term of of years from the day under an indre of lease dated, &c., and expd to be made, &c., subjt to the yearly rent of £, and to the covenants and condons in the same indre contd:] AND AgreeWHAS the sd A. and B. have agrd to make an exchange by ment. (a) As to exchanges see Dav. Prec., vol. ii., part i. Reference may be made to the enactment in 8 & 9 Vict. c. 106, s. 4, doing away with the mutual implied warranty of title, which was productive of great inconvenience in exchanges at common law. As to exchanges by the Commissioners under the General Enclosure Acts, which are extensively made use of, not only in cases where the parties are unable otherwise to effect a valid exchange, but also where they are so able but are desirous of saving the expense of the double investigation of title, see note to the next precedent, and Cooke's edition of the Acts. Recourse cannot, however, be had to the Acts where the inequality in value exceeds one-eighth. |