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FREEHOLDS AND LEASE

HOLDS.

possessed of or entitled to the piece or parcel of ground and FREEHOLDS 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 of 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. VOL. III.

00

the lease,

AND LEASE

HOLDS.

FREEHOLDS ments, with the appurtenances, by the description of all

that &c., (parcels] (a), Together with all ways, &c., and also free liberty &c., [general words as given in the lease],

To hold the same unto the said M. N., his executors, administrators, and assigns, from the Feast-day of the Blessed Virgin Mary then last past, for the term of thirty-nine 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 lessee, his executors, administrators, and assigns, to be paid, observed, and performed, with a covenant for perpetual renewal at the end of every fourteen years, similar

to the covenant in that behalf hereinafter recited : AND -of testator WHEREAS the said M. N. duly made, signed, and published having made codicils.

two codicils, bearing date respectively the day of — , and the day of — , to his said will, but did not by either of the said codicils alter or revoke the dispositions so as aforesaid made by his said will of the aforesaid free.

hold and leasehold hereditaments, or the aforesaid appoint-of death of ment of executors : AND WHEREAS the said M. N. died on testator, and probate of his

the 16th day of August, 1802, without having revoked or will and co altered his said will and codicils, except so far as the said dicils.

will was altered or revoked by the said codicils, and soon after the decease of the said testator his said will and codicils were proved by the said C. D., E. F., and I. K. in

the Prerogative Court of the Archbishop of Canterbury: -of mortgagor And Whereas the said A. B. attained his age of twentyhaving attained twenty-one.

one years in or about the month of October, 1805: AND of convey WHEREAS, by an indenture of release, bearing date the 10th ance by the

day of February, 1808, grounded on a lease for a year, and

mortgagor to

(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.

AND LEASE

HOLDS.

made or expressed to be made between (parties) for the PREEHOLDS considerations therein mentioned, the said A. B. did grant, A release, and confirm unto the said (tenant to the præcipe), make his heirs and assigns, the said messuage or mansion-house to the præcipe,

for suffering a and freehold pieces or parcels of land, and all and singular

recovery to other the freehold hereditaments devised by the said will of enure to the

use of mortthe said M. N., with their appurtenances, to hold the same gagor in fee. 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 – 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

having been Whereas, in pursuance of the said lastly hereinbefore recited si indenture, a common recovery with double voucher, wherein the said — was demandant, the said - tenant, and the 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 (6): 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

suffered.

(b) A. B., being tenant in tail of the freeholds, took an absolute interest Words which in the leaseholds for years which were included in the same devise. For would create it is well settled, that where personal estate is given in terms which,

te is given in terms which an estate tail in

", freeholds give applied to real estate, create an estate tail, the personal estate vests abso- the absolute lutely in the first tenant in tail. (Powell on Devises, by Jarman, vol. 2, interest in ch. xxxii. p. 632; see, further, on the subject of entails of terms of leaseholds. 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).

FREEHOLDS
AND LEASE-

HOLDS.

FREEHOLDs 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, auministrators, 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 exe--of death of cuting a counterpart of such renewed lease : AND WHEREAS one of the trus- the said I. K. died since the date and execution of the -of agreement said last-mentioned indenture: AND WHEREAS the said for mortgage. G. H. hath agreed to advance and lend to the said A. B.

the sum of £1,000, upon having the repayment of the

tees.

FREEHOLDS
AND LEASE-

HOLDS.

reehold.

same with interest after the rate hereinafter mentioned, secured in manner hereinafter mentioned : NOW THIS INDENTURE WITNESSETH, that, in consideration

Witnesseth. of the sum of £1,000 to the said A. B. paid by the

Consideration. 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 fre 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 ETH, that, for the considerations aforesaid, they the said

ha nia further, assignC. D. and E. F., at the request and by the direction of bolds. 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.

viesardy Loy uc baru ment of lease

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