LIII. RECONVEYANCE of FREEHOLDS COPYHOLDS and LEASE- day of THIS INDENTURE made the Between Y. of &c. and Z. of &c. (executors of mortgagee) of the one part, and B. of &c. and C. of &c. (trustees of settlement) of the other part being supplemental to an Indenture of Mortgage dated &c. and made between A. of the 1st part the said B. and C. and D. of the 2nd part and M. of the 3rd part for securing to the said M. the sum of £ — together with interest at the rate of £4 per cent. per annum on the security of the freehold copyhold and leasehold hereditaments comprised in the said Indenture of Mortgage being part of the hereditaments comprised in an Indenture of Settlement dated &c. under which the said A. was then tenant for life in possession, WHEREAS the said M. was never admitted tenant to the copyhold hereditaments comprised in the aforesaid Indenture of Mortgage, AND WHEREAS the said M. duly made and executed his last will dated &c. and thereby appointed the said Y. and Z. executors thereof, AND WHEREAS the said M. died on the day of without having revoked or altered his said will, which was on the duly proved in the -Registry of the Probate Division of the High Court of Justice by the said Y. and Z., AND WHEREAS the said princiowing on pal sum of £ —is still owing on the aforesaid security but all interest thereon has been paid up to the date hereof, Death of AND WHEREAS the said A. died on the Will of the mort gagee. Amount mortgage. tenant for life. day of day of and thereupon his eldest son H. became tenant in tail male in possession of the freehold copyhold and leasehold hereditaments subject to the trusts of the aforesaid Infancy of Indenture of Settlement, AND WHEREAS the said H. is an tenant in tail. infant of the age of years or thereabouts, AND Death of WHEREAS the said D. died on the day of a trustee. leaving the said B. and C. his co-trustees him surviving, of trustees AND WHEREAS the said B. and C. are desirous of paying off Intention the said sum of £- — out of capital moneys (s) belong to pay off ing to them as trustees of the aforesaid Indenture of Settle- mortgage. ment and of having the said freehold copyhold and leasehold hereditaments comprised in the aforesaid Indenture of Mortgage reconveyed in manner hereinafter appearing, NOW THIS INDENTURE WITNESSETH that in consideration of the sum of £now paid by the said B. and C. out of capital moneys belonging to them as such trustees as aforesaid to the said Y. and Z., The receipt whereof the said Y. and Z. do hereby acknowledge, They the said Y. and Z. as personal representatives of the said M. deceased (t) and in exercise of the power for this purpose given to them by the Conveyancing and Law of Property Act, 1881 (u), and of all other powers if any enabling them in this behalf do and each of them doth hereby convey unto the said B. and C. their heirs executors administrators and assigns respectively, ALL AND SINGULAR Reconveythe freehold copyhold and leasehold hereditaments and ance of mortgaged premises comprised in the aforesaid Indenture of Mortgage, property. TO HAVE AND TO HOLD the hereditaments and premises hereby conveyed UNTO the said B. and C. their heirs executors administrators and assigns respectively To THE To the USES upon the trusts and with and subject to the powers of the provisions and agreements respectively declared and contained by the aforesaid Indenture of Settlement of and concerning the freehold copyhold and leasehold hereditaments thereby settled or such of the same uses trusts powers provisions and agreements as may be still subsisting or capable of taking effect, FREED AND DISCHARGED from the said principal sum of £- and all moneys and interest secured by and all claims and demands under the aforesaid Indenture of Mortgage. IN WITNESS &c. (8) See Settled Land Act, 1882, s. 21, ii., p. 346. (t) See Conveyancing Act, 1881, s. 7, subs. 1, F, p. 256. (u) See same Act, s. 30, p. 280. uses &c. settle ment. Recital of settlement charging portions. Agree. ment for exchange tenant for LIV. TRANSFER of INCUMBRANCE by TENANT FOR LIFE with consent of incumbrancers under the Settled Land Act, 1882 (x). THIS INDENTURE made the day of Between A. of &c. (tenant for life) of the 1st part K. of &c. and L. of &c. (the sister and brother of A. entitled to portions) of the 2nd part and B. of &c. and C. of &c. (trustees of portions) of the 3rd part being supplemental to an Indenture of Settlement dated &c. and made &c. being the settlement made previous to the marriage shortly afterwards solemnized between the said (father) and (mother) of the parties hereto of the first two parts, WHEREAS by the above-mentioned Indenture of Settlement the hereditaments comprised therein were limited to the use of the said (father) during his life with remainder to the use that the said (mother) should after the decease of the said (father) receive the yearly rentcharge therein mentioned, And subject thereto to the use of (the trustees) their executors administrators and assigns for the term of 1000 years upon the trusts therein mentioned for raising the sum of £10,000 as the portions of the younger children of the said (father), And subject as aforesaid to the use of the first and other sons of the said (father) in tail male, with divers remainders over, AND WHEREAS &c. (recite death of father and mother, that A. is their eldest son and attained twenty-one and that K. and L. are their younger daughter and son and entitled to the portions equally of which B. and C. are the present trustees, and recite settlement made on A.'s marriage under which he is tenant for life, see p. 44), AND WHEREAS the said A. as tenant for life under the said Indenture of Settlement of the day of by present agreed with P. for the exchange of a certain farm and hereditaments known as Black acre Farm being portion of the hereditaments comprised in the said Indenture of life. (x) This transfer is made under See note thereto, p. 333. s. 5 of the Settled Land Act, 1882. Settlement of the day of still owing. effecting ment to made on the marriage of the father and mother) for a certain farm and hereditaments known as Whiteacre Farm, AND WHEREAS the said sum of £10,000 is still owing to Portions the said K. and L. in equal shares as aforesaid, AND WHEREAS the said K. and L. and also the said B. and C. Deeds at the request of the said A. consented to join in an Inden- exchange. ture dated &c. and made between &c., by which the said Blackacre Farm was conveyed to the said P. released from the said sum of £10,000 and the said term of 1000 years and the trusts thereof, AND WHEREAS by an Indenture dated &c. and made &c. the said Whiteacre Farm and hereditaments therein mentioned were conveyed by the said P. to the uses of the said Indenture of Settlement of the under which the said A. is tenant for life as aforesaid, AND WHEREAS in consi- Agreederation of the said K. and L. and their trustees the said B. and C. joining in the said Indenture of the day of in manner aforesaid, it was agreed that hereditathe said A. should charge the said Whiteacre Farm and ments rehereditaments received in exchange for the said Blackacre exchange. Farm and hereditaments with the said sum of £10,000 in manner hereinafter appearing, NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the premises, He the said A. in exercise of the power for this purpose given to him by the Settled Land Act, 1882, and of every other power enabling him in this behalf doth hereby with the consent of the said K. and L. and of their trustees the said B. and C. charge ALL AND SINGULAR the farm and hereditaments Charge of known as Whiteacre Farm comprised in the said Inden- hereditaments with denture of the with the sum of portions. day of £10,000 for the portions of the said K. and L. under the said Indenture of Settlement of the -day of (the settlement made on the marriage of the father and mother) in exoneration of the farm and hereditaments known as Blackacre Farm comprised in the said Indenture of the AND THIS INDEN day of charge with portions the ceived in of term to secure portions. TURE ALSO WITNESSETH that in further pursuance of the said agreement and in consideration of the premises, He the said A. in exercise of the same powers and with the same consents as aforesaid doth hereby demise unto the said Creation B. and C. their executors administrators and assigns, ALL THAT the said Whiteacre Farm and hereditaments hereby charged, TO HAVE AND TO HOLD the hereditaments and premises hereby demised UNTO the said B. and C. their executors administrators and assigns for the term of 1000 years from the day of (the day of the commencement of the original term), UPON THE TRUSTS and with and subject to the powers and provisions declared and contained in the said Indenture of Settlement of the (the settlement made on the marriage of the father and mother) of and concerning the said term of 1000 years thereby granted for the purpose of securing and raising the said sum of £10,000 for portions as therein mentioned. IN WITNESS &c. day of LV. TRANSFER of MORTGAGE of FREEHOLDS the Mortgagor not being a party. THIS INDENTURE made the day of Between M. of &c. (mortgagee) of the one part and T. of Recital of &c. (transferee) of the other part, WHEREAS by an Inmortgage. denture dated &c. and made between A. of the one part Amount owing. and the said M. of the other part the said A. granted unto and to the use of the said M. his heirs and assigns the freehold messuages and hereditaments therein described with the appurtenances by way of mortgage for securing the repayment of the sum of £1000 together with interest thereon at the rate of £5 per cent. per annum as therein mentioned, AND WHEREAS the said principal sum of £1000 together with the sum of £12 10s. for interest thereon making together the sum of £1012 10s. is now owing to the said M. on the security of the aforesaid |