FREEHOLDS, AND COPY- AND PUR- and premises comprised in the said indenture of the 11th day of October, 1807, for the residue of the said term of fifty-one years, with the full benefit of the said herein before recited covenant contained in the same indenture, subject to the covenants and agreements in the same indenture contained, on the part of the lessee, his executors, administrators, or assigns, to be observed and performed, but free from all other incumbrances, and of the copyhold messuages, lands, and hereditaments hereinafter particularly mentioned, and covenanted to be surrendered, with the appurtenances and the inheritance thereof, according to the custom of the manor of which the same are respectively holden, free from incumbrances, except the rents, heriots, fines, suits, and services, therefore due and of right accustomed, at or for the price or sum of £5,000: AND WHEREAS it is apprehended that the recommendation of doubts on contained in the said codicil to the said will of the said J. B., amounts to a trust (b), in favour of the said C. D. and codicil. and E. B., and the said children of the said C. D., and doubts have been entertained whether the said piece of ground so demised by the said X. Y. to the said J. B., for the term of fifty-one years, as hereinbefore is mentioned, passed under the aforesaid devise, contained in the said will, to the said A. B., or was comprised in the bequest or disposition made by the said J. B., in and by his said will, of the general residue of his personal estate: AND WHEREAS, in compliance with the said recommendation in that behalf, the said A. B., by an indenture bearing date the of day the construction of the will of a settlement in conse quence. and made or expressed to be made between [parties], hath settled the sum of £6,000 on the said C. D. and her three children, as in the said codicil is directed: AND WHEREAS, in consideration of the natural and of an (b) As to the cases in which words of recommendation amount to a trust, see 1 Powell on Devises, by Jarman, 355; Sale v. Moore, (1 Sim. 534); Meredith v. Heneage, (1 Sim. 542); Foley v. Parry, (2 My. & Ke. 139); Lechmere v. Lavie, (2 My. & Ke. 197); Lawless v. Shaw, (1 Lloyd & Goold, 154); Ex parte Payne, (2 You. & Col. 636); Podmore v. Gunning, (7 Sim. 644). agreement by C. D., to join FREEHOLDS, AND COPY HOLDS, TO MORTGAGEES AND PURCHASERS. ance. chase-money love and affection which the said C. D. bears towards the said A. B., and for enabling the said A. B. to make a perfect title to the said hereditaments and premises so agreed to be sold to the said E. F. as aforesaid, the said C. D. has agreed to join with the said A. B. in the conin the convey- veyance and assignment hereinafter contained, and also to release the said copyhold hereditaments in manner -of agreement hereinafter mentioned: AND WHEREAS the said E. F. for mortgage. having occasion for the sum of £2,000 in order to complete the said purchase, the said G. H., I. K., and L. M. have agreed at his request to advance and lend him the same out of monies belonging to them on a joint account (c), on having the repayment thereof, with interest in the -of apportion- meantime, secured in manner hereinafter mentioned: AND ment of purWHEREAS, for the purposes of the act of Parliament imfor stamp duty. posing an ad valorem duty on conveyances on the sale of land or other property, it hath been agreed that the sum of £, part of the said purchase-money of £5,000, shall be the consideration for the purchase of the said freehold and leasehold hereditaments, and that the sum of £, residue of the said sum of £5,000, shall be the consideration for the purchase of the said copyhold or customary here-of purchas- ditaments (d): AND WHEREAS the said E. F., in consideration of his love and affection for the said A. F., his wife, and for other good causes and considerations, is desirous, that, subject to the security intended to be hereinafter made to the said G. H., I. K., and L. M., for the said sum of £2,000 and interest, the said hereditaments should be settled to the uses, upon the trusts, and in manner hereinafter mentioned: NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreements, and Consideration. in consideration of the sum of £2,000, at or immediately before the sealing and delivery of these presents to the said A. B. paid by the said G. H., I. K., and L. M., out of er's desire to have the estate settled. Witnesseth. (c) With respect to the effect and meaning of these words, see infra, Precedent LIV., n. (a). (d) See ante, p. 104, n. (b); and the Stamp Act, 55 Geo. 3, c. 184, Schedule, Art. Conveyance. FREEHOLDS, AND COPY - AND PUR- sideration. monies belonging to them upon a joint account, and at the request and by the direction of the said E. F., (testified by his being a party to and executing these presents), the payment of which said sum of £2,000 the said E. F. doth hereby acknowledge, (and of and from the same and every part thereof doth acquit, release, and discharge the said G. H., I. K., and L. M., and every of them, their and every of their heirs, executors, and administrators, for ever, by these presents), and also in consideration of the sum of Further con£3,000, at the same time to the said A. B. paid by the said E. F., (the receipt of which said sums of £2,000 and Receipt. £3,000, making together the said purchase-money or sum of £5,000, the said A. B. doth hereby acknowledge, and of and from the same respectively, and every part thereof respectively, doth acquit, release, and discharge the said E. F., and also the said G. H., I. K., and L. M., and every of them, their, and every of their heirs, executors, administrators, and assigns, for ever, by these presents), she the said A. B., at the request and by the direction of the said E. F., and of the said G. H., I. K., and L. M., (testified by their severally being parties to and executing these presents), hath granted, aliened, released, and confirmed, and by these presents doth &c., and the said C. D., at the request as well of the said A. B. as of the said E. F., G. H., I. K., and L. M., (testified, &c.), hath Conveyance. remised and released, and by these presents doth remise and release unto the said N. P. and Q. R., (in their actual possession now being by virtue of a bargain and sale thereof to them made by the said A. B. and C. D., in consideration of 5s. a piece, see supra, p. 198:) ALL Parcels. THAT &c. [ancient description of freehold parcels], ALL which messuages or tenements, pieces or parcels of land, and other hereditaments, hereinbefore particularly mentioned, together with the hereditaments comprised in the said indenture of the 11th day of October, 1807, and the copyhold or customary hereditaments hereinafter particularly mentioned, and covenanted to be surrendered, are now commonly called or known by the several names or descriptions, and contain by admeasurement the several FREEHOLDS, HOLDS, TO Habendum. quantities, (be the same respectively more or less), next hereinafter mentioned, (that is to say), [modern description of parcels]: AND ALL SUCH other part or parts (if any) of the said capital messuage or mansion-house, and other hereditaments, as are of freehold tenure (e), [general words], but save and except out of this present conveyance such part and parts, if any, of the same premises as are of copyhold or customary tenure: To HAVE AND TO HOLD the said capital messuage, or mansion-house, lands, hereditaments, and all and singular other the premises hereby granted and released, or expressed and intended so to be, unto the said N. P. and Q. R., and their heirs, to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations, hereinafter declared or contained, of or concerning To use of mort- the same, (that is to say): To the use of the said G. H., Description of parcels when lands of differ ent tenures are intermixed. (e) It is a matter of constant occurrence, especially in the counties of Norfolk and Suffolk, that lands of freehold and customary tenure become so blended together that the freehold cannot be distinguished from the customary lands. (See ante, Vol. 1, pp. 78, 220; and supra, p. 67). In this case some such mode of description must be resorted to as that employed in the text. One plan in very common use is to grant and release "All such and so many, and such part and parts as are of freehold tenure of the lands and hereditaments hereinafter particularly mentioned, (that is to say), All that, &c. :" using the modern general description alone or adding the ancient freehold description, as circumstances seem to require. The covenant to surrender then runs, "That he, the said [surrenderor], or his heirs, shall and will, at or before the next court to be holden in and for the said manor of - at the costs &c., sur render, &c., (supra, p. 308), All such and so many, and such part and Of course, if it should happen that leaseholds have become undistinguishably intermixed with freeholds or copyholds, a similar device will be adopted for the description in the conveyance. LEASEHOLDS, AND COPY- AND PUR- gagees for term in favour of I. K., and L. M., their executors, administrators, and FREEHOLDS, assigns, for the term of 500 years, to commence and be computed from the day next before the day of the date of these presents, and thenceforth next ensuing and fully to be complete and ended, without impeachment of waste, subject nevertheless to the proviso or condition, hereinafter contained, for making void the same term; AND FROM and immediately after the expiration or sooner determination of the said term of 500 years, and in the meantime subject thereto, to such uses, upon such trusts, and to and for such ends, intents, and purposes, and with, under, and subject to such powers, provisoes, and declarations, as the said E. F. and A. F. shall by any deed or deeds, with or without power of revocation and new appointment, from time to time, jointly direct, limit, or appoint, AND IN DEfault of, and until such direction, limitation, or appointment, and so far as no such direction, limitation, or appointment shall extend to the use of the said E. F. and his assigns for his life, without impeachment of waste; AND FROM and after the death of the said E. F., to the use of the said A. F. and her assigns for her life, without impeachment of waste, AND FROM and after the death of the said A. F., to such uses, upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, provisoes, and declarations, as the said A. F. shall at any time or times, either during the lifetime of the said E. F., or after his death, and whether she shall be married or single, by any deed or deeds, writing or writings, with or without power of revocation and new appointment, or by her last will and testament, or any codicil thereto, or any writing in the nature of or purporting to be her last will and testament, or any codicil thereto, direct, limit, or appoint, and in default of any such direction, limitation, or appointment, as last aforesaid, and so far as no such direction, limitation, or appointment, shall extend, to the use of the said A. F., her heirs and assigns, for ever: AND THIS INDEN- Witnesseth, TURE ALSO WITNESSETH, that, in further pursuance Secondly,-asof the said agreements, and for the considerations aforesaid, leaseholds. they the said A. B. and C. D., at the request and by the signment of |