to grantee, subject to brances uses as premes, the sd A., & the sd B., with the consent of the sd A. as protector of the sd settlemt, accdg to their respive estes & intts in the premes, do resply hby grt unto the sd C. & D., pcels as in Precedent I.: To 'HOLD the same UNTO the sd C. & Grant. D. & their hrs, SUBJT to the chges & incumbces hinbfe mentd Habendum so far as the same affect the same premes resply, & to the estes & chges prior to & the powers overreaching the este in tail incummale of the sd B. (other than the este of the sd A. durg his life) (c), BUT DISCHGED, &c., as in Precedent I.: To SUCH USES, upon such trusts, & subjt to such powers & provons, To such as the sd A. & B. shl at any time or times hrafter by any A. and B. deed or deeds, revocable or irrevocable, jtly appt, AND IN appoint. DEFAULT of & subjt to any such jt apptmt, to the use of the sd In default. A. & his assns durg his life witht impeachmt of waste in life. restoron, continuon, & confirmon of the este for his life limd to him by the hinbfe recited indre of settlemt with the powers annexed to such life este (d) with remr, To SUCH USES, upon Remainder such trusts, & subjt to such powers & provons, as the sd B., uses as B. in case he shl survive the sd A., shl at any time or times after appoints. the death of the sd A., by any deed or deeds, revocable or irrevocable, [or by will or codl exply referrg to this psnt power or the ppty subjt thto (e)] appt, AND IN DEFAULT of & In default. subjt to any such apptmt, To THE USES, upon the trusts, To original & subjt to the powers & provons to, upon, & subjt to wch, under or by virtue of the hinbfe recited indre of settlemt, the same premes resply stood limd & settled immedly bfe the exon (c) See note (a), p. 630. To A. for to such uses. life estate. (d) This restoration of the old life estate will be effectual according to its As to pretenor, so that A. will retain his powers as tenant for life under the original serving old settlement (although the life estate is displaced by being postponed to the overriding joint power), both as regards the express powers (see 3 Dav. Prec. 596; Re Wright, 28 Ch. D. 93), and also, doubtless, as regards the powers of the Settled Land Acts. This is important, in order that the means of overriding any family charges which may be subsisting under the old settlement may be preserved; and even assuming the doctrine of Re Ailesbury, [1893] 2 Ch. 345, as to "compound" settlements, to be good law, it is still necessary, since the doctrine depends on the old life estate being kept alive; see above, p. 457. (e) This requirement, the object of which is to prevent a general devise by will from operating contrary to the intention as an exercise of the power, is effectual; see Phillips v. Cayley, 43 Ch. D. 222, overruling Re Marsh, 38 Ch. D. 630; and see Re Davies, [1892] 3 Ch. 63. As to effect of general devise where power required to be referred to. Further witnesseth. Assignment. Money. of these psnts, or such of the same uses, trusts, powers, & provons as shl be then subsistg or capable of takg effect, & so as to restore & confirm the same uses, trusts, powers, & provons: AND THIS INDRE ALSO WITNETH that in further psuance, &c., & in conson, &c., the sd A., & the sd B., with the consent of the sd A., &c., as above, accdg to their respive intts in the premes, do resply hby grt & assn unto the sd C. & D., ALL that the sum of £, &c., now standg in the names of the sd K. & L. as afsd, To HOLD UNTO the sd Habendum C. & D., their exs, ads & assns (a), subjt to the estes & chges prior to & the powers overreachg the este in tail male of the sd B. in the same premes (other than the este of the sd A. durg his life), BUT DISCHGED, dc., as in Precedent I. UPON the like trusts & subjt to the like powers & provons as if the same were capital moy arisg from a sale made after the date of these psnts of pt of the hds comprd in the sd settlemt of, &c., AND it is hby agrd & decld that the sd C. & D. shl be the trees of the settlemt hby made for the pposes of the Settled Land Act, 1882, & any act or acts amendg or extendg the same (b). IN WITS, &c. (c). to grantee. Upon trusts of sale moneys. V. SURRENDER out of Court of COPYHOLDS by LEGAL (a) 3 & 4 Wm. IV. c. 74, s. 71. (b) This clause should be inserted, as the deed operates as a new settlement. (c) To be enrolled under 3 & 4 Wm. IV. c. 74, s. 41. (d) Where recitals are used they should take the following form :— WHAS, &c., recite settlemt or will, &c., admittce & facts showg that A. is [equitable] tenant in tail [& B. protector]. (e) See 3 & 4 Wm. IV. c. 74, ss. 50-54. To be entered on the Court Rolls. As to the bar of the entail of copyholds by enfranchisement, see Ex parte School Board for London, 41 Ch. D. 547, and by a married woman tenant in tail, see Carter v. Carter, [1896] 1 Ch. 62. The manor of in the coy of The day of BE IT REMEMBERED that on the day above mentd, A., Memorantenant in tail, of, &c., one of the customary tenants of the sd surrender. manor, came bfe me, [deputy] steward of the sd manor, & for the ppose of defeatg & barrg all estes in tail [male or in tail] (f) of the sd A. in the hds hinafter mentd, & all estes, rts, intts, & powers to take effect after the determinon or in defeasce of such estes in tail [male or in tail] (g) did out of Ct surrender into the hands of the lord of the sd manor by the hands & acceptce of the sd [deputy] steward by the rod accdg to the custom of the sd manor, pcels, see Precedent I., p. 627, to wch sd hds & premes the sd A. was admitted at a genl ct held for the sd manor on the day of, TO HOLD to him, the body accdg to a devise of the sd sd A., & the hrs of his premes contd in the will of L., late of, &c., deced, thrin mentd or refd to, TO THE USE of the sd A., his hrs & assns, for To use of ever, accdg to the custom of the sd manor, by & under the rents, fines, heriots, suits, & services due & of rt accustomed for the same. Taken & acknowed the day & yr above written Signature of A. X., [deputy] steward (ƒ) In the case of an equitable tenant in tail, add, "in equity or orwise." (9) Where there is a protector who consents, add here, " & with the consent of the sd B. as protector of the settlemt of the sd hds, testified by his signature hrunder written," and at the foot of the surrender the following memorandum of consent :— surrenderor in fee. for protector con "I, the above-named B., as protector of the settlemt above Variation mentd, do hby declare my consent to the above surrender : As WITS my hand the day & yr first above written. senting. "Wits, C. Signature of B." Recitals. Desire to bar entail. Witnesseth. Disentail ing assurances by married women. VI. DISENTAILING Deed by TENANTS in COMMON in tail extending to a possible ACCRUING share under cross remainders, one tenant in tail being a MARRIED WOMAN. VARIATIONS where her share is limited to her HUSBAND (a). PARTIES, A. & B., tenants in tail, & C., husbd of B., 1; X., protector, 2; Y., grtee to uses, 3. Recite settlemt of freehds to use of X. for life, with remr, subjt to intermediate estes wch have failed or are not likely to take effect, to the daurs of X. as tenants in common in tail with cross remrs in tail with remrs over: That X. has had three daurs, namely, A. & B. & D., marre of B., death of D. leavy issue: AND WHAS the pties hto of the first pt, with the concurrce of the sd X. as protector of the settlemt, are desirous of barrg all the estes tail of the sd A. & B. in the hds & premes comprd in or wch are now subjt to the uses of the sd settlemt, includg their estes tail in the share thrin of the sd D. deced, in remr expectant upon the failure of her issue, & all estes to take effect after the determinon or in defeasce of such respive estes tail, & of assurg their respive shares in the same hds & premes, includg the shares to wch they are entled in remr as last afsd in mner hinafter expd [it being the desire of the sd B. that her share thrin shl be limd to & vested in her sd husbd (b)]: NOW THIS INDRE WITNETH that the sd respive pties hto of the first pt with the consent (hby testified) of the sd X. as protector of the settlemt (the sd B. actg hrin with the concurrce of her sd husbd) do resply, accdg to their sevl estes & intts in the (a) See 3 & 4 Wm. IV. c. 74, s. 40; and as to enrolment, s. 41; and as to married women, s. 77. If either the settlement or the marriage was after 1882, the case would be within the Married Women's Property Act, 1882, and the husband's concurrence and the acknowledgment of the deed by the wife would be unnecessary: Re Drummond, [1891] 1 Ch. 524. The acknowledgment (where the case is under the old law) should, of course, precede the enrolment, though it need not: Ex parte Taverner, 7 De G. M. & G. 627. If the fee is to be limited to the husband, the grantee to uses may be dispensed with, as by the Conv. Act, 1881, s. 50, a wife may convey freeholds direct to her husband. (b) It is desirable to recite expressly the intention in this respect. shares. dum. premes, hby grt unto the sd Y., ALL those the two eql undivided Grant. third pts or shares of them the sd A. & B., AND ALSO all that Undivided the remaing eql undivided third pt or share to wch they are resply entled in remr expectant on the failure of issue of the sd D. deced as afsd of & in, pcels, see Precedent I., AND all other, if any, hds & premes whatsr & wheresr situate, wch are now by any means subjt to the subsistg uses of the sd settlemt, or of wch, or of any undivided share or shares whof the sd A. & B. resply are now by any means tenant in tail at law or in equity, under or by virtue of the sd settlemt, or any convce or assurce to the uses or upon the trusts thof, To HOLD the same HaberUNTO the sd Y. & his hrs, subjt to the estes & chges prior to & to the powers overreachg the respive estes tail of the sd A. & B. resply at law or in equity, but dischged from such respive estes tail, & all estes, powers, & intts to take effect after the determinon or in defeasce of such respive estes tail, nevs as to the share or shares of & in the sd hds & premes of wch the sd A. was, previously to the exon of these psnts, tenant in tail TO THE USE OF the sd A., her hrs & assns, for her separate use, AND as to the share or shares of & in the sd hds & premes of wch the sd B. was, previously to such exon, tenant in tail, To THE USE OF the sd B., her hrs & assns, for her separate use, or, TO THE USE OF the sd C., his hrs & assns." IN WITS, &c. 66 VII. DEED by TENANT in POSSESSION for barring ESTATES TAIL PARTIES, A., tenant in tail, 1; B., grtee to uses, 2. WIT- Wit- (c) See 3 & 4 Will. 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 nesseth. Grant. |