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VI. WHEREAS, by an indenture of feoffment, perfected by livery of seisin, dated &c., and made or expressed to be made between [parties], and by a fine sur conuzance de droit come ceo, &c., duly levied in pursuance of the same indenture, in or as of Term, in the year of the reign of his late Majesty King, before his Majesty's justices of the Court of Common Pleas at Westminster, in which deforciants, the

was plaintiff, and

were

and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c., as the case may be] were, [together with other hereditaments, and] with the appurtenances, conveyed, assured, and limited, To such uses, &c., ut supra, p. 3, or otherwise, as the case may be.

GENERAL RECITALS.

Conveyance by

a feoffment and

fine.

bargain and

sale inrolled

and recovery.

VII. WHEREAS, by an indenture of bargain and sale in- Conveyance by rolled, dated &c., and made or expressed to be made between [parties], and by a common recovery suffered in pursuance of the same indenture in the Court of Common Pleas at Westminster, in —————— Term, in the year of the reign of his late Majesty King wherein the said mandant, the said tenant, and the said the

was devouchee,

and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c., as the case may be] were, [together with other hereditaments, and] with the appurtenances, conveyed, assured, and limited, To such uses, &c., ut supra, p. 3, or otherwise, as the case may be.

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riage.

VIII. WHEREAS, by an indenture of release, dated the Strict settleday of grounded on a lease for a year, and made ment on maror expressed to be made between [parties], (being a settlement made previously to, and in consideration of, the marriage then intended and shortly after solemnized between the said and -), the and hereditaments hereinafter mentioned and intended to be hereby appointed. [or granted, &c., as the case may be] were, [together with other hereditaments, and] with the appurtenances, conveyed, assured, and limited, To the use of the said

his heirs and assigns, until the solemnization of the said then

GENERAL RECITALS.

Settlement in trust for sale on marriage.

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intended marriage; And from and after the solemnization thereof, subject to a yearly rent-charge of £ thereby limited to —— and his assigns, during the joint lives of himself and the said, now deceased, and to the powers and remedies thereby limited for enforcing the payment of the said rent-charge when in arrear, and to a term of years thereby limited to the said, their executors, administrators, and assigns, upon trusts for further securing the payment of the said rent-charge, (and which has now ceased by virtue of a proviso for cesser in the same indenture contained), To the use of the said [husband] and his assigns during his life, without impeachment of waste; With remainder To the use of the said [trustees] and their heirs, during the life of the said [husband], In trust for him and his assigns, and to preserve the contingent remainders; With remainder To the use of the first and every other son of the said [husband] by the said [wife], severally and successively according to their respective seniorities in tail male; With remainder To the use of the first and every other son of the said [husband] by the said [wife], severally and successively according to their respective seniorities in tail general; With remainder To the use of all and every the daughters of the said [husband and wife], as tenants in common in tail general; With cross-remainders between them in tail general; With remainders over (a).

IX. WHEREAS, by an indenture of release, dated &c., made in pursuance of the act for rendering a release as effectual for the conveyance of freehold estates as a lease and release by the same parties (b), and made or expressed to be made between [parties], (being a settlement made previously to, and in consideration of, the marriage then intended and shortly after solemnized between the said and -), the and hereditaments hereinafter

(a) Of course the recital of the limitations will be continued down to the estate which has been or is intended to be dealt with.

(6) This part of the recital will of course be varied according to the fact. (See the various preceding Forms).

and his

mentioned and intended to be hereby appointed [or
granted, &c., as the case may be] were, [together with
other hereditaments, and] with the appurtenances, convey-
ed, assured, and limited, To the use of the said.
heirs, until the solemnization of the said then intended
marriage; And from and after the solemnization thereof, To
the use of the said
their heirs and assigns,

and

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In trust &c. [See recital of trust for sale, infra, Chap. II.]

GENERAL

RECITALS.

personal estate

X. WHEREAS, by an indenture, dated the day of Settlement of and made or expressed to be made between [parties], on marriage (being a settlement made previously to, and in consideration of, the marriage then intended and shortly after solemnized between the said and -), it was agreed and declared that the said [trustees], their executors, administrators, and assigns, should stand and be possessed of and interested in a sum of £- £- per cent. Bank Annuities, which had been transferred into their names as therein mentioned, In trust for the said her [or his] exe- for wife till the marriage; cutors, administrators, and assigns, until the solemnization of the said then intended marriage; And, after the solemnization thereof, Upon trust that the said trustees, or the survivor of them, or the executors or administrators of such survivor, should either suffer the same Bank Annuities to remain in their then state of investment, or should, with such consent or at such discretion as therein mentioned, alter, vary, or transpose the same into or for other stocks, funds, or securities, And should, during for wife's the joint lives of the said [husband and wife], pay separate use; the dividends, interest, and annual proceeds of the said trust monies, stocks, funds, or securities unto the said [wife], for her separate use, without power of anticipation; And after the death of such one of the said [husband and for survivor wife] as should first die, to the survivor of them, for his or her life; And after the death of such survivor, should stand and be possessed of and interested in the said trust monies, stocks, funds, and securities, and the dividends, interest, and annual proceeds thereof, In trust for all and every, or for children such one or more exclusively, of the others or other of the by appoint. children of the said then intended marriage, in such parts,

for life;

ment;

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shares, and proportions, and at such ages, days, or times, and in such manner, as the said [husband and wife], or the survivor of them, should in manner therein mentioned (a) direct or appoint; And in default of, and until and subject to, such direction or appointment, In trust for all and every the children and child of the said then intended marriage, who, being sons or a son, should attain the age of twentyone years, or, being daughters or a daughter, should attain that age or marry, if more than one, in equal shares; and if there should be but one such child, the whole to be in trust for that one child (b).

XI. WHEREAS, by an indenture, dated &c., and made or expressed to be made between [parties], the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c., as the case may be] were limited To such uses &c., ut supra, p. 3, or otherwise, as the case may be (c).

XII. WHEREAS, under and by virtue of an indenture, dated the day of, and made or expressed to be made between [parties], (being a settlement made previously to, and in consideration of, a marriage then intended. and shortly after solemnized between the said

and

-), and of an indenture of partition, dated &c., and made or expressed to be made between [parties], and of an award, under the hands of the commissioners appointed by an act of Parliament passed in the year of the reign of his late Majesty King, intituled "An Act &c. [set out the title], the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted,

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(a) Of course the recital must give the expressions of the power; and if the power is to be exercised by the instrument under the recital, the mode in which it is to be exercised should be literally set out. (See supra, p. 3).

(b) If there has been a default or failure of children, it will probably be necessary to recite literally the trusts to take effect on such default or failure. (c) This recital may without impropriety be substituted for any of the preceding recitals relating to real estate, as the only object of all of them is to describe the limitations, and not the mode of conveyance. (See Introduction, supra, p. 2).

&c., as the case may be], with the appurtenances, now stand limited and settled To such uses &c.

XIII. WHEREAS, under and by virtue of the will, dated the
day of, of deceased, and of an appointment

made in exercise of a power in that behalf in the said will
contained, by a deed-poll dated the
under the hands and seals of the said

day of
and

GENERAL

RECITALS.

That, by a will and appointment, the property now

and

stands settled to certain uses.

the

and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c., as the case may be] now stand limited and settled To such uses &c.

XIV. WHEREAS the and hereditaments hereinafter mentioned and intended to be hereby appointed, together with other hereditaments in the county of, now stand limited to the use of such person or persons, for such estate and estates, interest and interests, (by way of legacy, annuity, rent-charge, or otherwise), and for such uses, intents, and purposes, and charged and chargeable with such sum and sums of money, and subject to such powers, provisoes, and limitations, as the said [appointor] shall, by any deed or deeds with or without power of revocation and new appointment, direct, limit, or appoint; And in default of, and until and subject to such direction, limitation, or appointment, To the use of the said [appointor], his heirs and assigns (a).

XV. WHEREAS, under and by virtue of the last will and testament of

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late of

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dated the

That estates stand limited to certain uses.

day of

That vendor
or mortgagor is
entitled for a
life estate un-

the said [vendor] is seised of, or well and sufficiently entitled to, the and hereditaments hereinafter men

tioned and intended to be hereby granted and demised, with the appurtenances, for an estate for his life in possession.

der a will.

not made by

XVI. WHEREAS, by an indenture, dated the day of Mortgage when and made or expressed to be made between [parties], the mortgagor in consideration of divers sums of money, amounting in the alone (6).

(a) This recital may be used in the case of small sales of pieces of a large property, in which it is not intended to put any recitals of the title on the face of the conveyance.

(b) When a mortgage made by the mortgagor alone is to be recited in

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