sideration of £

paid by D and E did out of court severally on the days aforesaid surrender into the hands of

the lord by my hands and acceptance as steward All that (here describe parcels) according to their respective shares, estates and interests To the use of D and E as joint tenants in fee simple at the will of the lord according to the custom of the said

manor

day of

cation of

tenant to be for both.

AND WHEREAS D came into this court and prayed to of applibe admitted as well for E as for himself tenant of the said one joint premises in pursuance of the said several surrenders (a) NOW admitted on this the lord of the said manor by Admittance of one join me his said steward granted to D seisin of the said premises tenant for by the rod to hold the same to D and E as joint tenants in fee simple at the will of the lord according to the custom of the said manor at and under the rents, services, fines, and other incidents of tenure therefor due and of right accustomed And D paid for fine for himself and E £

both.

and their Fine, &c.

fealty was respited (b).

Signed Y., Steward.

XLIV. ASSIGNMENT OF A TERM OF YEARS AT A RENT (c).

By Mortgagees, Legatees, and Executor of Deceased Lessee. THIS INDENTURE made &c. BETWEEN X of, &c., and Y Parties. of, &c. (mortgagees) of the 1st part, A of, &c. (tenant in possession)

of the 2nd part, B of, &c. (tenant in reversion) of the 3rd part, C

(a) Cf. ante, pp. 87, 88.

(b) Cf. ante, p. 93.

(c) The simplest mode of assigning a lease for years is by indorsement or by supplemental deed; cf. ante, p. 408.

Recital of the 5th part

lease.

of deposit by way of equitable mortgage,

of devise,

of, &c. (executor) of the 4th part and D of, &c. (purchaser) of
WHEREAS by an indenture of lease dated the
day of
and expressed to be made between
R of the one part and S of the other part All that (here
describe parcels) with the appurtenances was demised by R to
S his executors, administrators, and assigns for the term of 99
years from the
subject to the rent
covenants and stipulations by and in the said indenture
reserved and contained AND WHEREAS S on the

of

day of

day

deposited the said indenture of lease with X and Y by way of equitable mortgage to secure the sum of £1,000 then owing by S to X and Y with interest thereon at the rate of £5 per cent. per annum (a) AND WHEREAS S by his will dated the day of bequeathed the said premises subject to the said mortgage debt to A for life with remainder to B, his executors, administrators, and assigns

of death of and appointed F and C executors of his said will AND lessee,

of disclaimer by

WHEREAS S died on the
revoked or altered his

day of

without having

one executor,

deed poll dated the

said will AND WHEREAS F by disclaimed the day of

office of executor

AND

WHEREAS the said will was on the

of proof of probate,

day of

proved in the Principal Registry

of agreement by

of the Probate Division of the High Court of Justice

C as sole acting executor thereof AND WHEREAS C has executor to agreed to assent to the aforesaid bequest to A and B provided the debt now owing to X and Y be paid off by A and B.

assent.

(a) As a rule an equitable mortgagee does not join in the conveyance, nor need his charge be noticed in the abstract of title; I Dart V. & P. 5th

ed.300. Owing to the conditional assent of the executor, his concurrence is here admissible.

(b) Cf. ante, pp. 127, 128, 230

due on

mortgage,

to of agree

ment for

of executor.

And whereas there is now due to X and Y on the said equit- of debt able mortgage for principal and interest the total sum of equitable £1,150 and no more AND WHEREAS A and B have agreed sell the said premises to D for the unexpired residue of the sale. said term for the sum of £2,500 NOW THIS INDENTURE Assignment by mortWITNESSETH that in consideration of £1,150 paid by D by gagees and legatees, the direction of A and B to X and Y, and of £1,350 paid by with assent D to A and B making together the total sum of £2,500 of which sum of £1,150 X and Y hereby acknowledge the receipt and of which total sum of £2,500 A B, and C hereby acknowledge the payment and receipt in manner before-mentioned A and B as beneficial owners with the assent of C as executor hereby assign and convey and X and Y and C hereby respectively release to D all the said premises TO HOLD to D for the residue of the said term of 99 years subject to the rents covenants and stipulations reserved and contained by and in the said indenture of lease dated the day of but discharged from all money secured by and from all claims under the said equitable mortgage (add, if necessary, acknowledgment and undertaking for production and safe custody of title deeds as in Precedent XVII., also covenant by D with A and B to pay rent and observe covenants, as in Precedent XXXV).

In witness, &c.

Parties.

settlement,

XLV. ASSIGNMENT OF A TERM TO RAISE A PORTION.

THIS INDENTURE made, &c., BETWEEN X of, &c., and Y of, &c. (trustees), of the one part, and B of, &c. (purchaser), Recital of of the other part WHEREAS, by an indenture dated the day of and expressed to be made between C of the first part, D of the second part, and X and Y of the third part, the hereditaments hereinafter mentioned were conveyed to X and Y and their heirs, to the use of C and his heirs until his then intended marriage with D, and from and after the solemnization thereof to the use of C for life, with remainder to the use of X and Y for a term of 500 years upon trust by sale, mortgage, or demise of the said term to raise the sum of £ by way of portions for such one or more of the younger children of C and D as should attain the age of twenty-one years (a), not being tenant in tail under the said settlement, and, subject to the said term, to the use of the first and other of state of sons of C and D successively in tail male AND WHEREAS C family,

died on the

day of

leaving as his only issue of majority by the said marriage a son F and a daughter E AND

of

portionist,

of agreement for sale.

Assign. ment of term.

WHEREAS E attained the age of twenty-one years on the
day of
AND WHEREAS X and Y have agreed
to assign the said term of 500 years to B, in consideration of
the sum of £
NOW THIS INDENTURE WIT-
NESSETH that (receipt clause) X and Y as trustees hereby
assign All that (here recite parcels) To hold to B for the
unexpired residue of the said term from the

day of

In witness, &c.

(a) Cf. ante, p. 135.

XLVI.-ASSIGNMENT OF LIFE POLICY UNDER POLICIES OF

ASSURANCE ACT, 1867.

I, A B of &c., in consideration of &c., do hereby assign unto Form in

schedule,

the 30 & 31

C D of &c., his executors, administrators, and assigns (a),
(within) policy of assurance, granted, &c. (here describe the
policy).

In witness, &c. (b).

Vict. c. 144.

XLVII. ASSIGNMENT OF LIFE POLICY WITH USUAL COVE

NANTS FOR TITLE.

THIS INDENTURE made &c., BETWEEN A of, &c. Parties. (vendor) of the one part and B of, &c. (purchaser) of the other part

WHEREAS A is now owner of a policy on his own life for Recital of

Vendor's

sell the said policy and all his interest thereunder to B for the sale. sum of £ NOW THIS INDENTURE WITNESSETH Assignment of policy

secured.

that (receipt) A as beneficial owner hereby assigns to B All and monies that the said policy of assurance granted to A by the Assurance Society as aforesaid together with the said sum of

£

thereby assured and all other sums which shall hereafter accrue thereon by way of bonus, interest, or otherwise subject