Page images
PDF

FREEHOLDS,
LEASEHOLDS,
AND COPY-
HOLDS, TO
MORTGAGEES
AND FUR-
CHASERS.

Parcels.

Habendum.

Proviso for redemption.

direction of the said E. F., (testified as hereinbefore is mentioned), have and each of them hath assigned, and b}' these presents do and each of them doth assign, unto the said G. H., I. K., and L. M., their executors, administrators, and assigns, All And Singular the said piece of ground and other hereditaments, in and by the said indenture of the 11th day of October, 1807, demised, or expressed and intended to be demised, to the said J. B., his executors, administrators, and assigns, for the said term of fifty-one years, as hereinbefore is mentioned, with the appurtenances, together with the full benefit of the said covenant entered into by the said X.Y., as aforesaid, And All the estate, &c, To Have And To Hold the said piece of ground and hereditaments, and all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said G. H., I. K., and L. M., their executors, administrators, and assigns, for all the residue now to come of the said term of fifty-one years, under and subject, nevertheless, to the observance and performance of the covenants and conditions in the said indenture of the 11th day of October, 1807, contained, and on the part of the lessee, his executors, administrators, and assigns, henceforth to be observed and performed, and also to the proviso or condition hereinafter contained for redemption of the same premises: Provided Always, and it is hereby agreed and declared between and by the parties to these presents, and the true intent and meaning of them, and of these presents, nevertheless, is, that if the said E. F. and A. F., or either of them, or their appointees, or the appointees, heirs, executors, administrators, or assigns, of the said A. F. (/), shall and

Shape of the proviso, when the equity of redemption is settled.

(/) In the case in the text, the settlement of the equity of redemption is so simple, that the proviso for redemption can without difficulty express the parties who are to have the right to redeem. But, if the settlement be complex, the form should be, " That if the said [mortgagor], or any other person or persons interested in the equity of redemption of the said premises, shall do, &c." When, as in the text, the proviso is simply for cesser of a term, no further observation is required; but if a reconveyance is provided for, it should be engaged to be made, " upon the request and at the costs of the said [mortgagor], or any other person or persons in

do pay, or cause to be paid, to the said G. H., I. K., and L. M., or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, the sum of £2,000, &c, [see infra, Precedent LIV.], then and in such case, and from and immediately after such payment shall be so made as aforesaid, the said term of five hundred years shall cease, determine, and be absolutely void, to all intents and purposes whatsoever, and the said G. H., I. K., and L. M., or the survivors or survivor of them, or the executors or administrators of such survivor, or their or his assigns, shall and will at any time after such payment shall be so made as aforesaid, upon the request, and at the proper costs and charges of the said E. F. and A. F., or either of them, or other the person or persons aforesaid, assign the said piece of ground, and other hereditaments and premises hereinbefore assigned, or expressed and intended so to be, unto the said N. P. and Q. R., their executors, administrators, and assigns, for the residue which shall be then to come of the said term of fifty-one years, to the intent that the same may be held by them upon such trusts as shall or may as nearly correspond with, and be similar to, the uses hereinbefore declared or limited of and concerning the said capital messuage and other freehold hereditaments hereinbefore granted and released, or expressed and intended so to be, as the different nature and tenure of the property, and the rules of law and equity, will permit: And For the considerations aforesaid, it is hereby agreed and declared, between and by the parties to these presents, that the reversion, freehold, and inheritance of and in the said piece or parcel of ground, hereditaments, and premises, comprised in the said indenture of the 11th day of October, 1807, as aforesaid, shall be conveyed by the said X. Y., his heirs or assigns, pursuant to the said covenant in that behalf in the same indenture contained, to the uses, upon and for the

FREEHOLDS,
LEASEHOLDS,
AND COPY-
HOLDS, TO
MORTGAGEES
AND PUR-
CHASERS.

Declaration
that the rever-
sion of the
leaseholds is to
be conveyed to
uses declared
of freeholds.

terested in the equity of redemption of the said premises:" and " to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations, to, upon, for, with, under, and subject, to which the equity of redemption of the same premises shall for the time being stand limited and settled." See infra, Precedent LVII.

[ocr errors]

FREEHOLDS,
LEASEHOLDS,
AND COPY-
HOLDS, TO
MORTGAGEES
AND PUR-
CHASERS.

Witnesseth,
Thirdly,—co-
venant to sur-
render copy-
holds.

Copyhold par

To the use of trustees.

In trust to surrender to mortgagees.

trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations hereinhefore limited, expressed, or declared, of or concerning the said hereditaments hereinbefore granted and released, or expressed and intended so to be, or as near thereto as the deaths of parties and other circumstances will admit of: AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreements, and for the considerations aforesaid, the said A. B., at the request and by the direction of the said E. F., and with the privity and approbation of the said G. H., I. K., and L. M., (testified as hereinbefore is mentioned), doth hereby for herself, her heirs, executors, and administrators, covenant with the said N. P. and Q. R., and their heirs, that the said A. B., or her heirs, shall and will, at or before the next courts to be holden in and for the respective manors of which the same are respectively holden, at the costs and charges of the said E. F. or his heirs, wrell and effectually surrender, or cause and procure to be surrendered, into the hands of the lord or lady, lords or ladies of the same manors, respectively, according to the customs thereof, respectively, All That, &c. {copyhold parcels], and also all such other, if any, of the said hereditaments hereinbefore particularly mentioned, and the freehold and leasehold parts whereof are hereinbefore granted and released and assigned respectively, or expressed and intended so to be, as are of copyhold tenure [general words], To The Use of the said N. P. and Q. R., their heirs and assigns, according to the several customs of the said manors whereof the same premises are respectively holden, and to be holden by and under the suits and services, rents, fines, and heriots therefore respectively due and of right accustomed, In Trust, nevertheless, and to the intent, that they the said N. P. and Q. R., their heirs or assigns, shall and do at the same courts, respectively, at the costs and charges of the said E. F. or his heirs, well and effectually surrender, or cause to be surrendered, into the hands of the lord or lady, lords or ladies of the same manors, respectively, according to the customs thereof, respectively, the said lands, hereditaments, HOLDS, TO MORTGAGEES AND PURCHASERS.

and premises hereinbefore covenanted to be surrendered to Freeholds,

LEASEHOLDS

the use of the said G. H., I. K., and L. M., their heirs

AND COPY

and assigns, but with a condition for making void the same surrender on payment by the said N. P. and Q. R., their heirs or assigns, or the said E. F. and A. F., or either of them, or their appointees, or the appointees, heirs, executors, administrators, or assigns of the said A. F., unto the said G. H., I. K., and L. M., their executors, administrators, or assigns, of the said sum of £2,000, and the interest thereof, on or at the days or times, and in the manner, hereinbefore mentioned and appointed for the payment of the same respectively: And It Is Hereby agreed and de- Declaration clared between and by the parties to these presents, that, ^^"0!° subject to the conditional surrender so to be made to the pyholds are to use of the said G. H., I. K., and L. M., their heirs and freehold.t6* °f assigns, as aforesaid, the said N. P. and Q.. R., their heirs and assigns, shall stand and be seised of and interested in the said lands, hereditaments, and premises hereinbefore covenanted to be surrendered, upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, provisoes, and agreements, as shall or may as nearly correspond with and be similar to the uses, trusts, intents, purposes, powers, provisoes, and agreements hereinbefore expressed and contained, of and concerning the freehold messuage or mansion-house, hereditaments, and premises hereinbefore granted and released, or expressed and intended so to be, (except the said term of five hundred years hereinbefore limited to the said G. H., I. K., and L. M., their executors, administrators, and assigns), as the different natures and tenures of the property, and the rules of law and equity, will permit: AND THIS INDENTURE Witnesseth, ALSO WITNESSETH, that, in further pursuance of the W^ctd^

said agreements, and for the considerations aforesaid, she °/ * clalTM??

. the copyholds,

the said C. D. hath remised, released, and for ever quit

claimed, and by these presents doth &c, unto the said

N. P. and Q. R., their heirs and assigns, all the estate,

right, title, interest, property, claim, and demand, both at

law and in equity, which she the said C. D. now hath, or

which she or her heirs can, shall, or may, or otherwise could

Vol. III. B B

FREEHOLDS, LEASEHOLDS, AND COPYHOLDS, TO MORTGAGEES AND PURCHASERS.

Covenants for title.

Mortgage covenants.

Declaration.

or might at any time or times hereafter, have, claim, challenge, or demand, of, in, to, or out of the said hereditaments and premises hereinbefore covenanted to be surrendered, or any of them, or any part thereof: And The Said A. B. doth hereby, for herself, her heirs, executors, and administrators, covenant with the said N. P. and Q. R., their heirs and assigns, and also as a separate covenant, and so far as relates to the said leasehold "hereditaments, with the said G. H., I. K., and L. M., their executors, administrators, and assigns, in manner following, (that is to say), that, for and notwithstanding any act, &c, by the said A. B. and C. D., or either of them, or the said J. B., made, &c, they the said A. B. and C. D., or one of them, at the time of the sealing and delivery of these presents, are or is, &c. [seised of freeholds and copyholds: supra, p. 326]; and that for and notwithstanding, &c [that the lease is valid, and the rents and covenants paid and performed; supra, p. 336]; and that for and notwithstanding, &c, they the said A. B. and C. D., or one of them, now have or hath in themselves or herself, &c. [right to convey the freeholds; supra, p. 327]—to assign the leaseholds ,supra, p. 336—and to surrender the copyholds; supra, p. 327, inserting "upon the trusts" before "in manner aforesaid:" And That, &c. [for quiet enjoyment—free from incumbrancesand for further assurance; supra, p. 327—extending the covenants so as to apply to A. B., CD., and J. B., as above-] And The Said E. F., &c [covenant with G. H., I. K., and L. M., their executors, administrators, and assigns, for payment of the mortgage money; supra, p. 330—and see the proviso for redemption, supra, p. 356—for quiet enjoyment by G. H., I. K., and L. M., their heirs, executors, administrators, and assigns, after defaultfree from incumbrances, and for further assuranceproviso for quiet enjoyment until default "by the said E. F., or other the person or persons for the time being entitled to the equity of redemption of the said mortgaged premises;" supra, p. 330, extending the covenants and provisoes so as to include the leaseholds:] And lastly, the said E. F. doth

« PreviousContinue »