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COyENANT
TO SURRENDER

COPYHOLDS
IN TRUST FOR
SALE.

Power of leasing for twentyone years. Covenants by the husband;

—for seisin subject to the life estate in part;

parts thereof, And that, for the purpose of effecting any such partition or division as aforesaid, it shall be lawful for the said E. F. and G. H., and the survivor of them, and the heirs of such survivor, with such consent or at such discretion as aforesaid, to enter into, make, do, and execute all such contracts, agreements, covenants, conveyances, surrenders, assurances, acts, deeds, matters, and things as to them or him shall seem reasonable or proper; And also, that after any such partition or division as aforesaid, the hereditaments which shall be received in lieu of or as a specific allotment for the undivided equal moiety or half part hereby covenanted to be surrendered, or any of them, or any part thereof, shall be surrendered to the use of the said E. F. and G. H., their heirs and assigns, and shall be held by them upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations (except the power of partition) in and by these presents expressed and declared or contained of and concerning the said hereditaments and premises hereby covenanted to be surrendered, or as near thereto as the deaths of parties and other intervening accidents will admit of: [Poioer until sale of leasing for twenty-one years, "but with the consent and concurrence of the said X. Y. during her life as aforesaid," see supra, p. 351]: And The Said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said E. F. and G. H., their heirs and assigns, in manner following, (that is to say), That, for and notwithstanding any act, deed, matter,

or thing whatsoever by him the said A. B. or the said ,

the testator, made, done, committed, or executed, or knowingly or willingly suffered, to the contrary, he the said A. B., at the time of the sealing and delivery of these presents, is lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to, the said hereditaments and premises hereinbefore covenanted to be surrendered, and every part thereof, for a good, sure, perfect, absolute, and indefeasible estate of inheritance, according to the custom of the said manor, and by and under the rents, fines, hereditaments, suits, and services therefore due and of right acCOVENANT TO SURRENDER COPYHOLDS

customed, without any manner of condition, use, trust, property, power of revocation, equity of redemption, or any limitation of any use or uses, or other restraint, cause, mat- IN Trust For ter, or thing whatsoever, to alter, charge, defeat, incumber, revoke, or make void the same, other than and except the life estate of the said X. Y. in the said moiety, hereditaments, and premises purchased of her as aforesaid; And —for right to That, for and notwithstanding any such act, deed, matter, ject t0 tne \\(e or thing as aforesaid, he the said A. B. now hath in himself esUte 10 Part; good right, full power, and lawful and absolute authority to surrender the said hereditaments and premises hereinbefore covenanted to be surrendered, (subject only as to the lands purchased of the said X. Y. to the life estate of the said X. Y.), To the use of the said E. F. and G. H., their heirs and assigns, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, declarations, and agreements hereinbefore declared, expressed, and contained of and concerning the same respectively, according to the true intent and meaning of these presents; And That all and singular the said here- —for quiet enditaments and premises shall and may, from time to time jecT^aforeand at all times after the said intended marriage, go, re- sald: main, and be to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, declarations, and agreements hereinbefore expressed and declared or referred to, of and concerning the same respectively, and shall and may peaceably and quietly be held and enjoyed accordingly, without any let, suit, trouble, denial, eviction, ejection, disturbance, interruption, claim, or demand whatsoever of or by him the said A. B., or his heirs, executors, or administrators, or any other person or persons lawfully or equitably claiming or to claim by, from, under, or in trust for him or them, or any of

them, or by, from, or under the said , the testator, but

subject as aforesaid; And That free and clear, and freely —free frominand clearly acquitted, exonerated, released, and for ever ttfeUfe discharged, or otherwise by him the said A. B., or his cstate; heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from,

COVENANT TO SURRENDER COPYHOLDS IN TRUST FOR SALE.

and for further assurance.

and against all and all manner of former and other estates, titles, troubles, charges, and incumbrances whatsoever, either already had, made, committed, done, executed, occasioned, or suffered, (except the life estate of the said X. Y.), or hereafter to be had, made, committed, done, executed, occasioned, or suffered, by him the said A. B. or his heirs, or any other person or persons lawfully claiming or to claim by, from, under, or in trust for him, them, or any of them, or by, from, or under the said , the testator; And Further, that the said A. B. and his heirs, and all and every other person or persons having or claiming, or who shall or may have or claim, any estate, right, title, interest, property, claim, and demand whatsoever, either at law or in equity, of, in, to, or out of the said hereditaments and premises hereby covenanted to be surrendered, or any of them, or any part thereof, by, from, under, or in trust for him or them, or any of them, or by, from, or under

the said , the testator, shall and will, from time to

time and at all times hereafter, at the request of the said E. F. and G. H., or the survivor of them, or the heirs of such survivor, or any person for the time being interested in the premises, but at the proper costs and charges of him the said A. B., his heirs or assigns, make, do, acknowledge, and execute, or cause and procure to be made, done, acknowledged, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devices, conveyances, surrenders, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely conveying, surrendering, and assuring of the said hereditaments and premises hereinbefore covenanted to be surrendered, and every of them, and every part and parcel thereof, with their and every of their appurtenances, (subject and without prejudice to the life estate of the said X. Y. in the moiety aforesaid), To The Use of the said E. F. and G. H., their heirs and assigns, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, declarations, and agreements hereinbefore declared and expressed, or referred to, of and concerning the same respectively, according to the true intent and meaning of these presents, as by the said E. F. and G. H., or the sur- Covenant

vivor of them, or the heirs of such survivor, or any person for T Copyholds"

the time being interested in the premises, their or any of IN Trust Tor

their counsel in the law, shall be reasonably devised or ad-

vised and required: [Power to the trustees to give receipts,

supra, p. 352.Power of appointing new trustees, supra, Trustecclauscs.

p. 324]. In Witness &c.

XII.

OF An

ADyOWSON.

SETTLEMENT on Marriage, of an Advowson,
upon Trust to Present the intended Husband
on the first Vacancy; and then, or before, if he
consent, or upon his previous Death, to Sell,
and hold the Purchase Money upon ordinary
Trusts. Covenant by the intended Husband,
in certain Events, to Assure his Life.

THIS INDENTURE, made &c, Between M. B., of Parties.

&c, [the father of the said intended husband], of the first

part; A. B., of &c, [intended husband], of the second part;

C. D., of &c, spinster, [intended wife], of the third part;

and E. F., of &c, and G. H., of &c, [trustees], of the

fourth part: Whereas, by an indenture bearing date the Recital of the

, „ , , iii conveyance of

day oi , and made or expressed to be made the alternate

between [parties], All That the advowson or perpetual JJ^0^TM*TM" alternate right of patronage and presentation, together with the next turn),

the Right Reverend the Lord Bishop of for the time

being, of and to the consolidated and united mediety of the father;

rectory and parish church of in the county of ,

and of which , clerk, was then rector and incumbent,

(save and except the right of presentation for the then next turn only thereto, which had been then lately sold to

), with the rights, members, and appurtenances, were

conveyed and assured To the use of the said M. B., his

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heirs and assigns for ever; And Whereas, since the date and execution of the said indenture, the said excepted turn

and right of presentation was exercised by the said ,

by the presentation of to the said living, who was

thereupon inducted; And upon his decease, in or about the

year , the said Lord Bishop of , in whom the

next alternate right of presentation was then vested, presented to the said living, who was thereupon inducted, and is now the incumbent thereof, and the next turn belongs to the said M. B. (a); And Whereas a marriage hath been agreed upon, and is intended to be shortly had and solemnized, between the said A. B. and C. D.; And Whereas, upon the treaty for the said intended marriage, it was agreed that the said advowson or perpetual alternate right of patronage and presentation should be conveyed by the said M. B. to the use of the said E. F. and G. H., their heirs and assigns, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter declared, expressed, and contained of and concerning the same; And Whereas upon the said treaty it was also agreed that the said A. B. should enter into such covenants for effecting and keeping up an assurance on his life as are hereinafter contained, And that these presents should contain such provisoes, agreements, and declarations in respect of the said assurance as are hereinafter contained. NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreements, and in consideration of the said intended marriage, he the said M. B. hath granted and confirmed, and by these presents doth grant and confirm, unto the said E. F. and G. H. and their heirs, All That the advowson or perpetual alternate right of patronage and presentation belonging to the said M. B. as afore

(a) It would have been sufficient to have recited that M. B. was seised or entitled in fee to the alternate right of presentation, together with the bishop, and that the actual incumbent had been presented by the bishop, Bo that the next turn belongs to M. B.

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