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MORTGAGES.
No.
XXIX.

RECONVEY-
ANCE.

Parties.

Recitals.

Deaths of the mortgagees and intestacy of survivor.

Letters of administration. No surrender of copyholds.

Testatum.

SECT. IV.

RE-CONVEYANCE BY SUPPLEMENTAL DEED OF FREEHOLDS, LEASEHOLDS, and COPYHOLDS by the administrator of the survivor of deceased mortgagees.

THIS INDENTURE made the &c., between X. of &c. [administrator of last surviving mortgagee] of the one part, and A. of &c. [mortgagor] of the other part, supplemental to an indenture of mortgage hereinafter called the principal indenture, dated the &c., and made between the said A. of the one part and B. and C. of the other part for securing the payment by the said A. to the said B. and C. of £ and interest:

Whereas the said B. died on &c., 1882, and the said C. died on &c., 1883, intestate, and letters of administration to his personal estate were granted to the said X. by the Principal Probate Registry on &c.

And whereas no surrender has been made of the copyhold hereditaments comprised in the principal indenture pursuant to the covenant for that purpose therein contained:

NOW THIS INDENTURE WITNESSETH that in consideration of all money secured by the principal indenture having been paid by A. to X., the receipt whereof X. hereby acknowledges, X. AS THE PERSONAL REPRESENTATIVE of the said C. deceased hereby conveys, surrenders, and releases unto A.

All the freehold and leasehold lands and hereditaments comprised in or which now are by any means vested in X. subject to redemption under the principal indenture,

TO HOLD the said freehold premises unto and to the use of A. in fee simple,

AND AS TO the said leasehold premises to the intent that the residue of the term therein granted by the principal indenture may merge and be extinguished, And that the trust declared by the principal indenture may cease, AND AS TO all the premises discharged from

all money secured by and from all claims under the MORTGAGES. principal indenture.

AND for the consideration aforesaid, X., AS SUCH PERSONAL REPRESENTATIVE as aforesaid, hereby releases unto A. all the said copyhold hereditaments covenanted to be surrendered by the principal indenture to the intent that the same may be discharged from the said covenant and the trust thereof created by the principal indenture and from all money secured by and from all claims under the principal indenture.

In witness &c.

No. XXIX.

SETTLEMENTS. No. XXX.

CONVEYANCE
UPON TRUST
FOR SALE.

Parties.

First

testatum.

freeholds.

SECT. V.

SETTLEMENTS.

CONVEYANCE OF FREEHOLDS AND COVENANT TO SURRENDER COPYHOLDS BY HUSBAND, upon trust for sale, in contemplation of his marriage.

THIS INDENTURE made &c., between A. B. of &c., [husband] of the first part, C. D. of &c., spinster [wife], of the second part, and W. of &c., X. of &c., M. of &c., and N. of &c. (which four last named persons are hereinafter called the trustees), of the third part

WITNESSETH that in pursuance of an agreement made Conveyance of on the treaty for the marriage which has been agreed upon and is intended to be solemnised between A. B. and C. D., and in consideration thereof, A. B. AS SETTLOR, with the approbation of C. D., hereby conveys unto the

Habendum.

Second testatum.

Covenant to surrender copyholds.

Habendum.

trustees

All that &c.

TO HOLD unto the trustees in fee simple

To the use of A. B. in fee simple until the said intended marriage shall be solemnized, And after the solemnization thereof To the use of the trustees in fee simple, Upon the trusts hereinafter declared:

AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the said agreement and for the consideration aforesaid, A. B. AS SETTLOR, with the approbation of C. D., hereby covenants with the trustees That he and all other necessary parties will forthwith, after the solemnization of the said intended marriage, at the cost of the trust estate surrender into the hands of the lord or lady of the manor of &c. according to the custom thereof,

All that &c. (to which hereditaments the said A. B. was admitted tenant at a Court held of the said manor on the &c.)

TO THE USE of the trustees and their heirs at the accustomed rents, suits, and services:

AND IT IS HEREBY AGREED that the trustees shall after SETTLEMENTS.

Trusts of freeholds and

copy holds.

the solemnization of the said intended marriage stand No. XXX. seised of the freehold and copyhold hereditaments hereby conveyed and covenanted to be surrendered Upon trust to sell the same or any part or parts thereof respectively, but during the joint lives [continue as in Form No. 16; Power of leasing for twenty-one years, Form No. 38; Power for husband and wife and the survivor to appoint new trustees, Form No. 46.]

In witness &c.

The provisions of the C. A. incorporated in this precedent are powers Statutory of sale (ss. 35, 38), power to adopt statutory conditions (ss. 3, 66) (see provisions incorporated. also V. & P. A. ss. 2, 3), to give receipts (C. A. s. 36), and to appoint new trustees (s. 31), and covenant, s. 7 (1) E. by the intended husband as settlor.

ANTE-NUPTIAL SETTLEMENT by HUSBAND of investments SETTLEMENTS. transferred by him, and by WIFE of her shares, No.XXXI. under a settlement and will expectant on her father's death; upon trusts for husband and wife successively for life, his interest in the wife's funds being determinable on alienation; trusts for issue of marriage as husband and wife or the survivor shall appoint; in default, for children of the marriage; power to wife to make a settlement on future marriage; agreement to settle other property of wife; covenant by the wife's father to pay an annuity for so much of his life as the wife or any issue of the marriage shall live; powers to invest in the purchase of land generally; also in the purchase of a residence, and other provisions.

THIS INDENTURE, made &c., between A. D. of &c., Parties. [the husband] of the first part, B. E., spinster [the wife], a daughter of John E. of &c., of the second part, the said John E. of the third part, and W. of &c., X. of &c., Y. of &c., and Z. of &c. (which four last-named persons are hereinafter called the trustees) of the fourth part.

SETTLEMENTS. Whereas a marriage has been agreed upon, and is No.XXXI. intended to be solemnised between the said A. D. and

Recitals. Agreement for marriage. Transfer by husband of investments.

Title of wife to a third share of investments on death of her father.

Title of wife to
a third share
in proceeds of
land and
investments
on death of
her father.

B. E.:

And whereas with a view to the settlement intended to be hereby made the said A. D. has caused to be transferred into the joint names of the trustees the investments mentioned in the first schedule hereto, representing the sum of £ sterling:

And whereas under an indenture dated &c., and made between &c., being a settlement made before and in consideration of the marriage then intended and afterwards solemnised between the said John E. and Mary E. since deceased, and a deed-poll under the hand and seal of the said John E., being a deed of appointment executed under a power contained in the said indenture, the said B. E. as one of the three children of the said John E. by the said Mary E. is now entitled expectant on the death of her father the said John E., and in the meantime subject to his life interest under the said indenture, and provided the now intended marriage shall be solemnised within six calendar months from the date of the said deed-poll, to one-third share of the investments mentioned in the first part of the second schedule hereto, being the investments now held on the trusts of the said indenture of settlement, or of the investments for the time being representing the said investments so now held, which investments so now held are now standing in the joint names of &c., the present trustees of the said indenture:

And whereas under the will dated &c., and proved in the District Probate Registry on &c. of late of &c., who died on &c., the said B. E., as one of the three children of the said John E., is entitled expectant on the death of her father the said John E., and in the meantime subject to his life interest, to one-third share of the proceeds of the sale of the lands and hereditaments and of the income until sold of the lands and hereditaments by the said will devised on trust for sale and now remaining unsold, and of the investments representing

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