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epect of part of
the settled
lands;

—of the award-
ed lands being
tithe free;

—of will settling other lands, with a power of exchange;

—of death of
testator;

—of the de-
visee, tenant
for life, having
taken the name
and arms of the
testator;

and having attained his age;

—of appointment of a new trustee of the will;

allotted, and awarded in exchange respectively, to the said A. B., as aforesaid, in respect of parts of the hereditaments comprised in the hereinbefore recited indentures of lease and release [the settlement]: And Whereas, under the provisions of the said Inclosure Act, the said allotments, made by the award as aforesaid, are freed and discharged from all tithes whatsoever: And Whereas, &c. [recites will of N. M., devising estates to trustees upon certain trusts, until L. M. (then L. R.J should attain twenty-four, then to him for ninety-nine years, if he should so long live remainder to the trustees to preserve contingent uses, remainder to the first and other sons of L. M. in tailwith similar remainders over to other persons for terms of ninety-nine years, determinable with their lives, and to trustees for their lives, and to their first and other sons in tail [b]: And the said testator did thereby declare his will to be, that it should be lawful for the said E. F., P. Q., [the trustee since retired, and to whose place G. H. has been appointed], and I. K., and the survivors or survivor of them, and the heirs of such survivor, at any time or times, with the consent of such of the said devisees for ninety-nine years, as should for the time being be in possession of or entitled to his said estates thereby devised, such consent to be testified by any writing or writings sealed and delivered by the consenting party, in the presence of, and to be attested by, two or more credible witnesses, to convey in exchange for and in lieu of other manors &c. [power of exchange recited at full length]: And Whereas the said N. M. died on the

day of , without having revoked or altered his

said will: And Whereas the said L. M., (then L. R.), shortly after the death of the said N. M., obtained his Majesty's license to take, use, and bear the surname and arms of M., in compliance with a direction in that behalf contained in the said will, and hath since used and borne the said surname and arms of M.: And Whereas the said

L. M. attained his age of twenty-four years on the

day of , [recital of the appointment, under a power in

the will, of G. H. to be a trustee in the room of P. Q., the

(6) See the references, supra, n. (a).

retiring trustee, and of the conveyances of the devised estates Under Pow

to E. F., G. H., and I. K., to the uses fyc. of the will]:

And Whereas it has been agreed between the said A. B., —of the agreeparty hereto, at the request, and by and with the consent «change.the and approbation of the said C. D. (signified by this writing under his hand and seal) of the one part, and the said E. F., G. H., and I. K., with the consent and approbation of the said L. M., (testified by this writing under his hand, and sealed and delivered by him in the presence of, and attested by, the two credible persons whose names are intended to be hereupon indorsed as witnesses to the execution of these presents by him the said L. M.), of the other part, that an exchange shall be made in manner hereinafter mentioned, under the respective powers of exchange hereinbefore recited, of the said messuage or tenement, farm, lands, tithes, and other hereditaments of freehold tenure comprised in the hereinbefore recited indentures of the and

days of , [the settlement], and of the said pieces

or parcels of land allotted and given in exchange respectively to the said A. B., by the hereinbefore in part recited award, for the said messuage, farm, lands, and other hereditaments, called or known by the name of Farm,

hereinafter more particularly mentioned, and the tithes thereof, being part of the hereditaments devised by the said N. M. to the uses and in manner hereinbefore mentioned: NOW THIS INDENTURE WITNESSETH, that, in Witneweth. pursuance of the said agreement on the part of the said thTa^Mofthe A. B., party hereto, and in consideration of the conveyance settlement, in exchange intended to be hereinafter made by the said E. F., G. H., and I. K., and pursuant to, and by force and virtue, and in exercise and execution of the power or authority to the said A. B., party hereto, by the said indenture of the day of , [the settlement], for this

purpose given, as hereinbefore is mentioned, and of every or any other power or authority in anywise enabling him in this behalf, he the said A. B., with the consent and approbation of the said C. D., signified as hereinbefore is mentioned, doth by this present deed or instrument in writing, sealed and delivered by him in the presence of, and attested by, the two credible persons whose names are Under pow- intended to be hereupon indorsed as witnesses attesting

the sealing and delivery of these presents by him the said

A. B., revoke, determine, and make void, all and every the uses, trusts, powers, and provisions, in and by the said

indenture of the day of , [the settlement], limited,

expressed, and declared of and concerning the messuage or tenement, farm, lands, tithes, and other hereditaments hereinafter appointed by him the said A. B., party hereto, or expressed and intended so to be: AND (c) [THIS witae«eth INDENTURE ALSO WITNESSETH, that, in further

further, appointment of pursuance of the said agreement on the part of the said

settlement'!©116 ^" partv hereto, and in consideration of the conveyance the uses of the in exchange intended to be hereinafter made by the said E. F., G. H., and I. K.> and pursuant to, and by force and virtue, and in exercise and execution of the power or authority to the said A. B., by the said indenture of the

day of [the settlement] given, as hereinbefore is mentioned, and of every or any other power or authority in anywise enabling him in this behalf, he the said A. B., by and with the consent and approbation of the said C. D., (signified as aforesaid), doth by this present deed or instrument in writing, so sealed and delivered by him the said A. B., party hereto, and so intended to be attested as aforesaid}, limit, declare, direct, and appoint, that All That the said messuage or tenement, farm, lands, tithes, and other hereditaments, comprised in and expressed to be granted and released by the hereinbefore recited indenture of the

day of , [the settlement], and all the said several

pieces or parcels of land by the said award respectively set out and allotted, and awarded in exchange respectively to Except certain the said A. B., as hereinbefore is mentioned, (save and except specified lands; ouj- 0f tflis present appointment, all such and so many, and such part and parts of the said hereditaments and premises particularly mentioned and comprised in the said indenture

Revocation and appointment may be by one witnessing part.

(c) The revocation and appointment need not be by separate witnessing parts, unless they are to be exercised with different formalities. (See supra, p. 262, n. (6) ). If they be by the same witnessing part, the reference will be to the "powers or authorities," and the words in brackets will be omitted.

of the day of , [the settlement], as, under and by Under Pow

virtue of the said Inclosure Act, have been allotted or

awarded or given in exchange to any person or persons other than the said A. B., and also save and except all those several closes, pieces, or parcels of land, commonly called or known by the several and respective names of

, and also, save and except all the tithes, tenths, and —and the

profits, and parts, pur-parts, and portions of tithes, tenths, and profits yearly coming, growing, renewing, happening, or increasing in, upon, or out of the said several excepted lands and hereditaments), all which said messuage, tenement, or farm, lands, and other hereditaments hereinbefore appointed and released, or expressed and intended so to be, are particularly mentioned according to their modern names and descriptions in the first schedule to these presents, [general wards] (d), shall henceforth go, remain, and be to and upon such and so many of the uses and trusts, and to and for such and so many of the intents and purposes, and under and subject to such and so many of the powers, provisoes, and declarations by the hereinbefore recited will of the said N. M., limited, expressed, and declared of and concerning the said estates and hereditaments thereby devised, as are now subsisting undetermined, or capable of taking effect, In Exchange for the messuage, farm, in exchange, lands, tithes, and other hereditaments hereinafter conveyed in exchange by the said E. F., G. H., and I. K., or expressed and intended so tobe(e): And The Said A. B. Covenant by doth hereby for himself, his heirs, executors, and adminis- ^* power "that trators, covenant with the said E. F., G. H., and I. K., and he has done no

(rf) The "all the estate" clause is omitted. (See ante, Vol. 3, p. 232, n. (») ).

(e) This clause, "In Exchange" See., is probably added to comply As to the adwith the terms of the power intended to be exercised; t. e. a power "fI^Ex

of exchange. Of course it is clear that the transaction is not a change »
proper exchange, and many of the incidents of a proper exchange
could not be annexed to it; but perhaps the expression of the inten-
tion may cause such of the incidents of an exchange as are practicable
to attach to the transaction, at least in equity. As to the disadvan-
tages of some of these incidents, see supra, p. 260, and p. 263, n. (d).

UNDUE POW-
ERS.

act to prevent
his exercising
the power, and
against incum-
brances.

Covenants by the tenant for life for title.

Witnesseth further, conveyance by the trustees of the will of the devised lands to the uses of the

their heirs (/), that he the said A. B., party hereto, hath not, at any time heretofore, made, done, committed, or executed, or knowingly or willingly permitted or suffered, or been party or privy to any act, deed, matter, or thing whatsoever, whereby, or by reason or means whereof, he the said A. B. is in anywise prevented or hindered from exercising, in manner hereinbefore mentioned, the power or authority hereinbefore exercised by him, or expressed and intended so to be, or whereby, or by reason or means whereof, the said messuage and tenement, farm, lands, tithes, and other hereditaments hereinbefore appointed, or expressed or intended so to be, or any of them, or any part thereof, are, is, can, shall, or may be impeached, charged, affected, or incumbered in title, estate, or otherwise howsoever: And The Said C. D. doth hereby for himself, his heirs, executors, and administrators, covenant with the said E. F., G. H., and I. K., and their heirs, in manner following: (that is to say), [Covenants that the powers were well createdand in forcethat the tenant for life has power to consentfor right to appointfor quiet enjoymentfree from incumbrancesand for further assurancesee ante, Vol. 3, p. 233]: AND THIS INDENTURE ALSO WITNESSETH, that, in pursuance of the said agreement on the part of the said E. F., G. H., and I. K., and in consideration of the conveyance in exchange hereinbefore made by the said A. B., and pursuant to, and by force and virtue, and in exercise and execution of the power or authority to the said E. F., G. H., and I. K., by the said will of the said N. M., and the said indentures of

the and days of , and the day of ,

[the new trustee deeds], or any of them, by reference to the said will, for this purpose given, as hereinbefore is mentioned, and of every or any other power or authority in anywise enabling them in this behalf, they the said E. F., G. H., and I. K., with the consent and approbation of the said L. M., testified by this writing so by him sealed and

(/) These covenants will not run with the land. (See ante, Vol. 3, p. 232, n. (o) ; Vol. 1, Art. Covenants).

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