that so long as the covenants herein before contained on the part of the said B. and C. shall be observed and performed the said W. shall have the sole custody and control of the said D. and shall bear the expense of her maintenance and education until she shall attain the age of twenty-one years without any interference on the part of the said H. (Power to appoint new trustees, which will Deed to probably be given to the wife or to the trustees). · PROparties VIDED ALWAYS and it is hereby declared that if the said reconciled. H. and W. shall be reconciled and cohabit together then

be void if

the covenants and provisions contained in these presents shall be void, but without prejudice to anything that may have been done under them. IN WITNESS &c.

LXXXV.

DISENTAILING DEED by Tenant in Tail in Possession (e).

THIS INDENTURE made the

day of

tenant in

tail.

Between H. of &c. (tenant in tail) of the one part and X. of &c. (grantee to uses) of the other part, WHEREAS under Title of or by virtue of an Indenture dated &c. and made &c. [or under or by virtue of the will of J. S. dated &c.] the said H. is tenant in tail in possession of the messuages lands and hereditaments situate at &c. and therein described and intended to be hereby granted in manner hereinafter appearing, NOW THIS INDENTURE WITNESSETH that for the purpose of barring the said estate tail and all other estates tail of him the said H. in the said hereditaments, and all remainders reversions estates interests and powers to take effect after the determination or in defeasance of such estate tail or any other estates tail of the said H. He the said H. doth hereby grant unto the said Grant of X. and his heirs ALL AND SINGULAR the freehold mes- to X. property suages lands and hereditaments situate at

day of

aforesaid or elsewhere of or to which the said H. is now seised or entitled for an estate in tail under the aforesaid Indenture of the [or under the said will] or otherwise howsoever, To HAVE AND TO HOLD the hereditaments and premises hereby granted UNTO the said X. and his heirs FREED AND DISCHARGED from the said estate Freed from the tail and all other estates tail of him the said H. and from all remainders reversions estates interests and powers to

(e) The Abolition of Fines and Recoveries Act, 3 & 4 Will. IV. c. 74, requires-s. 34, the consent of the protector, if any, to create a larger estate than a base fee; s. 40, the disposition to be by deed, and if by a married woman with her hus

band's consent and acknowledged;
s. 41, the deed to be inrolled within
six months; s. 46, if protector's con-
sent be given by a distinct deed,
such deed to be inrolled with or
before the disentailing assurance..

estate tail,

take effect after the determination or in defeasance of

to the use such estate or estates tail To THE USE of the said H. his of H. heirs and assigns for ever. IN WITNESS &c.

LXXXVI.

CONSENT of PROTECTOR to the barring of an estate tail.

TO ALL TO WHOM THESE PRESENTS SHALL COME, A. of &c. sends greeting. WHEREAS &c. (recitals showing A. to be tenant for life and H. tenant in tail in remainder), NOW THESE PRESENTS WITNESS that the said A. doth hereby as protector of the settlement give his consent to any and every disposition or assurance which the said H. shall make of all or any part of the said manors lands and hereditaments comprised in the aforesaid [will] or now subject to the uses and trusts thereof for the purpose of barring the estate tail of the said H. in the same manors lands and hereditaments and all remainders reversions estates interests and powers to take effect after the determination or in defeasance of such estate tail. IN WITNESS &c.

Recitals showing title.

LXXXVII.

SURRENDER of COPYHOLDS to BAR ESTATE TAIL in remainder (f), the TENANT for LIFE having given his CONSENT by a SEPARATE DEED.

The Manor of in the County of

WHEREAS &c. (Recitals showSing A. to be tenant for life, and

(f) If the estate tail in the copyholds be equitable, it may be barred either by a surrender or by deed entered on the Court rolls of the manor, see Prec. LXXXIX. and ss. 50 and 53 of Fines and Recoveries

Act, 3 & 4 Will. IV. c. 74. The deed by which the protector's consent is given must in like manner be entered either at or before the surrender, s. 51.

H. tenant in tail in remainder), AND WHEREAS at a Admission Court holden for the said Manor on the

of tenant

day of for life.

the said A. was admitted to the aforesaid copyhold hereditaments as tenant for life under [the said will of the

day of

tenant for life by

said J. S.], AND WHEREAS by a deed poll under the hand Consent of and seal of the said A. dated the the said A. as protector of the settlement gave his con- deed poll. sent to any disposition or assurance which the said H. might make of the aforesaid copyhold hereditaments or any part thereof for the purpose of barring the estate tail of the said H. therein and all remainders reversions estates interests and powers to take effect after the determination or in defeasance of such estate tail, NOW THEREFORE BE IT REMEMBERED that on the day of the said H. came before S. of &c. the steward of the said manor and did out of Court surrender into the hands of the lord of the manor by the hands and acceptance of the said S. according to the custom of the said manor ALL &c. (parcels), to which hereditaments and premises the said A. was admitted as aforesaid, and all other hereditaments if any holden of the said manor of or to which the said H. is seised or entitled as tenant in tail under the said [will] as aforesaid or otherwise howsoever, TO THE USE of the said H. his heirs and assigns at the will of the lord according to the custom of the said manor at and under the rents fines suits and services therefor due and of right accustomed, Subject nevertheless and without prejudice to the estate for life of the said A. therein and all powers annexed to such estate, But freed and discharged from the estate tail of the said H. and all remainders reversions estates interests and powers to take effect after the determination or in defeasance of such estate tail.

This surrender was taken and accepted

this

day of

by me.

S.

Steward of the said Manor.

settlement.

LXXXVIII.

DISENTAILING DEED of FREEHOLDS and CAPITAL MONEYS comprised in a Settlement by TENANT IN TAIL with CONSENT of PROTECTOR with a view to a Resettlement of the Family Estates.

THIS INDENTURE made the

day of Between A. of &c. (tenant for life and protector of the settlement) of the 1st part H. of &c. (tenant in tail eldest son of A.) of the 2nd part and X. of &c. (grantee to uses) Recital of of the 3rd part, WHEREAS by an Indenture of Settlement dated &c. and made between &c., being the settlement executed previous to the marriage shortly afterwards solemnized between the said A. and his wife, the freehold manor messuages lands and hereditaments situate in the several parishes of in the county of

and

in the said Indenture of described were limited and

Settlement more particularly
assured to certain uses therein mentioned, which uses so far
as they are now subsisting and material to be here set forth
were to the use of the said A. and his assigns during his life
without impeachment of waste, [with remainder to the use
of trustees during the life of A. to preserve contingent re-
mainders],with remainder to the use that the said(wife of A.)
should if she should survive the said A. receive the yearly
rent-charge of £- during her life as therein mentioned,
with remainder to the use of (trustees) for the term of 200
years for securing the said rent-charge, with remainder to
the use of (trustees) for the term of 1000 years for securing
portions for the younger children of the said A. as therein
mentioned, with remainder to the use of the first and every
other son of the said A. successively according to their
respective seniorities in tail male with divers remainders
over, AND by the same Indenture it was declared that
certain stocks funds and securities invested in the names
of the said (trustees of the settlement) and all moneys then