Parties.

Grant.

Habendum discharged from estates tail.

XXXVI.

DISENTAILING DEED of FREEHOLDS by TENANT in TAIL in
POSSESSION (a).

THIS INDENTURE, made the day of, 19—, BETWEEN T. T. of, &c. [tenant in tail], of the one part, and G. V. of, &c. [grantee to uses], of the other part:

WITNESSETH that the said T. T. doth hereby GRANT unto the said G. V.,

ALL AND SINGULAR the freehold messuages, lands, tenements, and hereditaments, situate or arising (b) in the several parishes of X. and Y., in the county of Z. or elsewhere, of or to which he the said T. T. is seised or entitled at law or in equity for any estate in tail male or in tail, under an indenture dated the day of, 18, and expressed to be made between L. T. of the first part, C. F. of the second part, and K. T. and J. F. of the third part, or otherwise howsoever.

TO HAVE AND TO HOLD the same UNTO the said G. V. and his heirs, discharged from all estates in tail male or in tail of the said T. T. at law or in equity, and all estates, rights, interests, and powers to take effect after the determination or in defeasance of such estates in tail male or in tail, TO THE USE of the said T. T., his heirs and assigns, for ever. IN WITNESS, &c.

Parties.

XXXVII.

DISENTAILING DEED of FREEHOLDS by TENANT in TAIL, with the CONSENT of the PROTECTOR.

BETWEEN T. T. [tenant in tail], of the first part, L. T. of, &c. [tenant for life and protector of settlement], of the

(a) As to disentailing deeds, see Elph. Conv. 633.

(b) This word applies to incorporeal hereditaments such as tithe rentcharge or rents of inheritance.

second part, and G. V. of, &c. [grantee to uses], of the

third part:

Recital of creation of the

WHEREAS, by an indenture of settlement dated the day of, 18, and expressed to be made between entail; [parties], certain manors, messuages, lands, and hereditaments in the parishes of X. and Y., in the county of Z., in the same indenture described or referred to, were limited to the use of the said L. T. and his assigns during his life, without impeachment of waste, with remainder to the use of the first and other sons of the said L. T. successively, according to their respective seniorities in tail; with remainders over;

AND WHEREAS the said T. T. is the first son of the said L. T., and attained his age of twenty-one years on the day of

19-:

of the birth and majority of the tenant

in tail.

NOW THIS INDENTURE WITNESSETH, that he the said T. T., Witnesseth. with the consent of the said L. T. as protector of the settlement (testified by his executing these presents), doth hereby GRANT unto the said G. V.,

ALL the manors, messuages, lands, and hereditaments comprised in or assured by the hereinbefore recited inden

parcels.

ture of settlement, or which by virtue of any conveyance Conveyance. to the uses of the same indenture, or any exchange Freehold or otherwise howsoever, have become, either at law or in equity, subject to the subsisting uses of the same indenture of settlement,

TO HOLD the same premises UNTO the said G. V. and his Habendum. heirs, SUBJECT and without prejudice to the estate for life of the said L. T., and to such of the powers and privileges thereto annexed, or exercisable during the continuance thereof, as are now subsisting or capable of being exercised, but discharged from all estates in tail of the said T. T. at law or in equity, and all estates, rights, interests, and powers to take effect after the determination or in defeasance of such estates in tail, To THE USE OF the said T. T., his heirs and assigns.

IN WITNESS, &c.

Recital of settlement.

Introductory recitals.

Witnesseth.

Consent.

XXXVIII.

DISENTAILING DEED of FREEHOLDS by TENANT in TAIL with the CONSENT of the PROTECTOR of the Settlement (the estate being Limited to their Joint Appointment) (a). THIS INDENTURE, made the day of, 19—, BETWEEN L. T. of, &c. [tenant for life and protector], of the first part, T. T. of, &c. [tenant in tail], of the second part, and J. S. of, &c., and R. B. of, &c. [trustees], of the third part:

WHEREAS by an indenture of settlement dated the day of, 18-, and expressed to be made between the said L. T. of the first part, C. F. of the second part, and K. T. and J. F. of the third part, certain manors, messuages, lands, and hereditaments in the several parishes of X. and Y. in the county of Z., in the same indenture more particularly described, were limited to the use of the said L. T. and his assigns during his life, without impeachment of waste, with remainder to the use of the first and other sons of the said L. T. successively, according to their respective seniorities in tail male, with remainders over;

AND WHEREAS the said T. T. is the first son of the said L. T., and attained his age of twenty-one years on the day of, 19,

AND WHEREAS the said L. T. and T. T. are desirous of barring the estate in tail male, and all other estates in tail of the said T. T. in the said hereditaments and premises, and all estates, interests, and powers to take effect after the determination or in defeasance thereof, and of assuring and limiting the said hereditaments and premises in manner hereinafter expressed:

NOW THIS INDENTURE WITNESSETH that, in pursuance of such desire, and in consideration of the premises, the said L. T. and the said T. T., with the consent of the said L. T. as protector of the said settlement, according to their respective estates and interest in the premises, do

(a) See Elph. Conv. 640.

respectively GRANT unto the said J. S. and R. B. [parcels as Grant. above, Precedent XXXVII.],

TO HAVE AND TO HOLD the same UNTO the said J. S. and Habendum subject to R. B. and their heirs, SUBJECT to the uses and estates prior uses, limited or created by the said indenture of settlement which precede the estate in tail male of the said T. T. (other than the estate thereby limited to the said L. T. and his assigns for his life) and to the powers annexed to or exercisable during the continuance of such preceding uses and estates respectively (other than as last aforesaid), and to the uses and estates limited or created or to be limited or created in exercise of such powers, BUT DISCHARGED from all estates in tail male or in tail of the said T. T. at law or in equity, and all estates, rights, interests, and powers to take effect after the determination or in defeasance of such estates in tail male or in tail,

TO SUCH USES, upon such trusts, and subject to such powers and provisions as the said L. T. and T. T. shall at any time or times hereafter by any deed or deeds revocable or irrevocable, jointly appoint:

but disestates tail. charged from

To such uses life and tenant in tail jointly appoint;

as tenant for

and, in

tenant for

AND IN DEFAULT of and subject to any such joint appointment, TO THE USE OF the said L. T. and his assigns during default, to his life, without impeachment of waste, in restoration and life; confirmation of the estate for his life limited to him by the hereinbefore recited indenture of settlement, with the powers annexed to such life estate, with remainder to SUCH remainder to USES, upon such trusts, and subject to such powers and provisions as the said T. T., in case he shall survive the said appoints; L. T., shall at any time or times after the death of the said L. T., by any deed or deeds, revocable or irrevocable, or by will or codicil appoint:

AND IN DEFAULT of and subject to any such appointment, TO THE USES, upon the trusts, and subject to the powers and provisions, to, upon, and subject to which, under or by virtue of the hereinbefore recited indenture of settlement the same premises respectively stood limited and settled immediately before the execution of these presents, or such of the same uses, trusts, powers, and provisions as shall be then subsisting or capable of taking effect, and so as to

such uses as tenant in tail

and, in

default, to original uses.

Declaration

as to trustees

of settlement.

restore and confirm the said uses, trusts, powers, and provisions :

AND IT IS HEREBY AGREED AND DECLARED that the said J. S. and R. B. shall be the trustees of the settlement hereby made for the purposes of the Settled Land Act, 1882, and any Act or Acts amending or extending the same. IN WITNESS, &c.

XXXIX.

Parties.

Recitals.

Intended marriage;

-title of

husband to

freehold

heredita

ments;

STRICT SETTLEMENT of FREEHOLDS on Marriage.

day of

19,

THIS INDENTURE, made the BETWEEN H. of, &c. [husband], of the first part, W. of, &c. [wife], of the second part, A. T. of, &c., and B. T. of, &c. [trustees], of the third part.

WHEREAS a marriage is intended shortly to be solemnized between the said H. and W.;

AND WHEREAS the said H. is seised of the hereditaments specified in the schedule hereto for an estate of inheritance in fee-simple in possession;

AND WHEREAS upon the treaty for the said intended --agreement marriage it was agreed that the said hereditaments, and all other (if any) the freehold hereditaments of the said H., in the respective parishes of X. and Y., in the county of Z. (a), should be settled in manner hereinafter appearing:

for settlement.

Witnesseth.

Grant.

Parcels.

NOW THIS INDENTURE WITNESSETH that, in pursuance of the said agreement, and in consideration of the said intended marriage, the said H. AS SETTLOR (b), with the approbation of the said W., doth hereby GRANT unto the said A. T. and B. T.,

ALL THOSE [parcels], all which said hereditaments are more particularly described in the schedule hereto, and all

(a) These words (in the recital and in the operative part, infra) are added in order to guard against any accidental omissions in the description contained in the schedule.

(b) The words imply a covenant for further assurance under Conv. Act, 1881, s. 7 (1) (E) Full covenants for title may be implied by substituting AS BENEFICIAL OWNER."