FREEHOLDS AND LEASE HOLDS. possessed of or entitled to the piece or parcel of ground and other hereditaments, hereinafter particularly mentioned, and intended to be hereby assigned, with the appurtenances for the residue then to come of a term of thirty-nine years, in and by an indenture bearing date the 20th day of December, 1783, granted of the same premises, with a covenant for perpetual renewal at the end of every fourteen years, similar to the covenant in that behalf hereinafter recited, duly made, signed, and published his last will and testament in writing, bearing date the 21st day of July, 1792, and thereby gave and devised the said freehold and leasehold hereditaments by the description of the messuage, &c., [stating the description in the will], unto the said C. D., (then), and to E. F. and I. K., their executors, administrators, and assigns, for the term of twenty-two years, to be computed from his death, upon certain trusts in the said will mentioned, with a proviso for cesser of the same term when his eldest son, the said A. B., should attain the age of twenty-one years, and from and after the determination of the said term, and subject thereto and to the trusts thereof unto his eldest son, the said A. B., (then), in tail male, with remainders over, and the said testator thereby appointed the said C. D., E. F., and J. K., executors of his said will: AND WHEREAS, by an of a renewal indenture bearing date the 8th day of August, 1797, and made or expressed to be made between the mayor, commonalty, and citizens of the city of, of the first part; J. P., T. W., and C. W., (therein described as surviving trustees for the said mayor and commonalty and citizens of a certain piece of ground, formerly called), of the second part; and the said M. N. of the third part; the said J. P., T. W., and C. W., in consideration of the surrender of the said indenture of lease of the 20th day of December, 1783, and for the other considerations in the said indenture now in recital mentioned, did (by and with the privity and direction of the said mayor and commonalty and citizens,) demise and grant unto the said M. N., his executors, administrators, and assigns, the said leasehold piece or parcel of ground and other heredita of the lease. FREEHOLDS AND LEASE HOLDS. -of testator having made codicils. -of death of testator, and probate of his will and codicils. -of mortgagor having attained twenty-one. -of conveyance by the mortgagor to ments, with the appurtenances, by the description of all (a) It often becomes necessary, in dealing with leaseholds, to recite more than one lease in order to shew the equitable title to the extinct leases; (supra, p. 88, n. (b); and the authorities there cited). But in framing such recitals, the parcels should not be given at length more than once, unless the description of them in the different leases materially varies. It is not very important in which of the recited leases the parcels are set forth, but it is most usual to give them in the lease of latest date. It was probably the creation of the quasi entail which occasioned a departure from this rule in the precedent in the text. made or expressed to be made between [parties] for the considerations therein mentioned, the said A. B. did grant, release, and confirm unto the said [tenant to the præcipe], his heirs and assigns, the said messuage or mansion-house and freehold pieces or parcels of land, and all and singular other the freehold hereditaments devised by the said will of the said M. N., with their appurtenances, to hold the same unto and to the use of the said [tenant to the præcipe], his heirs and assigns, to the intent that he might become immediate tenant of the actual freehold of the said hereditaments, to the end that one or more good and perfect common recovery or recoveries with double voucher, wherein the said might be demandant, the said PREEHOLDS AND LEASE HOLDS. make a tenant to the præcipe, for suffering recovery to enure to the use of mort gagor in fee. tenant, and the said A. B. vouchee, might be had and suffered of the same hereditaments, and which said recovery or recoveries it was thereby declared should enure to the use of the said A. B., his heirs and assigns for ever: AND of recovery WHEREAS, in pursuance of the said lastly hereinbefore recited indenture, a common recovery with double voucher, wherein the said was demandant, the said tenant, and the having been suffered. said A. B. vouchee, was duly suffered in the Court of Common Pleas at Westminster in Hilary term, in the 48th year of the reign of his late Majesty King George the 3rd (b): AND of renewal WHEREAS, by an indenture bearing date the 8th day of of lease. August, 1809, and made or expressed to be made between the said mayor, commonalty, and citizens of the city of of the first part; J. P. and S. T., (therein described to be the surviving trustees, for the said mayor and commonalty and citizens, of the said piece or parcel of ground formerly called), of the second part; and the said C. D., E. F., and I. K., of the third part; in consideration (b) A. B., being tenant in tail of the freeholds, took an absolute interest in the leaseholds for years which were included in the same devise. For it is well settled, that where personal estate is given in terms which, applied to real estate, create an estate tail, the personal estate vests absolutely in the first tenant in tail. (Powell on Devises, by Jarman, vol. 2, ch. xxxiii. p. 632; see, further, on the subject of entails of terms of years, Fearne on Cont. Rem. 490 et seq.; Co. Lit. 20. a. n. 5, 290. b. n. (1), xii. See, too, infra, the Precedents of SETTLEMENTS AND WILLS). Words which would create freeholds give the absolute interest in leaseholds. an estate tail in FREEHOLDS AND LEASE HOLDS. of the surrender of the said indenture of lease of the 8th day of August, 1797, and for the other considerations in the said indenture now in recital mentioned, the said J. P. and S. T. did (with the privity of and by the direction of the said mayor and commonalty and citizens) demise and grant unto the said C. D., E. F., and I. K., their executors, administrators, and assigns, the said piece or parcel of ground, hereditaments, and premises comprised in the said indenture of lease of the 8th day of August, 1797, with their appurtenances, to hold the same unto the said C. D., E. F., and I. K., their executors, administrators, and assigns, in trust as aforesaid, from the Feast-day of the Annunciation of the Blessed Virgin Mary then last past, for the term of forty-one years, at the yearly rent and under and subject to the covenants and agreements in and by the said indenture now in recital reserved and contained, and on the part of the lessees, their executors, administrators, and assigns, to be paid, observed, and performed. And in the said indenture now in recital is contained a covenant by the said mayor and commonalty and citizens, that they and their trustees for the time being would, at the request, costs, and charges of the said C. D., E. F., and I. K., their executors, administrators, or assigns, at the end of fourteen years, to be computed from the Feast-day of the Annunciation of the Blessed Virgin Mary then next ensuing, execute a new lease of the said thereby demised premises at the same rent and with and under the like covenants and agreements as were contained in the said indenture now in recital, unto the said C. D., E. F., and I. K., their executors, administrators, and assigns, for a term of forty years, to commence from the expiration of the said fourteen years, and so from time to time for ever at the end of every fourteen years, they paying for every such renewal into the chamber of the said city the sum of £by way of fine, and all arrears of rent, and executing a counterpart of such renewed lease: AND WHEREAS one of the trus- the said I. K. died since the date and execution of the said last-mentioned indenture: AND WHEREAS the said G. H. hath agreed to advance and lend to the said A. B. the sum of £1,000, upon having the repayment of the -of death of tees. -of agreement for mortgage. FREEHOLDS AND LEASE- Witnesseth. Consideration. same with interest after the rate hereinafter mentioned, secured in manner hereinafter mentioned: NOW THIS INDENTURE WITNESSETH, that, in consideration of the sum of £1,000 to the said A. B. paid by the said G. H., at or immediately before the sealing and delivery of these presents, (the receipt, &c., supra, p. 465), he the said A. B. hath granted, released, and con- Conveyance of firmed, and by these presents doth grant, release, and freehold. confirm unto the said G. H., (in his actual possession now being by virtue of a bargain and sale thereof to him made by the said A. B., &c., supra, p. 198), and his heirs, ALL THAT &c., (freehold parcels and general words): TO HAVE AND TO HOLD the said capital messuage or man- Habendum. sion-house, pieces or parcels of land and hereditaments, and all and singular other the premises hereby granted and released, or expressed and intended so to be, unto the said G. H., his heirs and assigns, to the use of the said G. H., his heirs and assigns for ever, subject nevertheless to the proviso for redemption hereinafter contained: AND THIS INDENTURE ALSO WITNESS- Witnesseth ment of lease ETH, that, for the considerations aforesaid, they the said further, assignC. D. and E. F., at the request and by the direction of holds. the said A. B., (testified by his being a party to and executing these presents), have and each of them hath assigned, and by these presents do and each of them doth assign, and the said A. B. hath assigned and confirmed, and by these presents doth assign and confirm unto the said G. H., his executors, administrators, and assigns, THE SAID piece or Parcels. parcel of ground and hereditaments, and all and singular other the premises in and by the said indenture of the 8th day of August, 1809, demised, or expressed to be demised, unto the said C. D., E. F., and I. K., with their and every of their appurtenances, AND ALL the estate, &c.: TO HAVE Habendum. AND TO HOLD the said piece or parcel of ground, and all and singular other the premises hereby assigned, or expressed and intended so to be, unto the said G. H., his executors, administrators, and assigns, henceforth for the residue now to come of the said term of forty-one years, subject nevertheless to the proviso for redemption herein |