DISENTAILING Parties. Death of tenant for life. Desire to bar entail. No. X. DISENTAILING ASSURANCE by an EQUITABLE TENANT in THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (tenant in tail), of the one part, and C. D., of, &c., and E. F., of, &c. (trustees), of the other part (Recite will whereby the copyhold hereditaments were devised unto and to the use of the said C. D. and E. F., their heirs and assigns, upon trust for M. N. for his life, with remainder in trust for the said A. B. in tail male.-Death of testator without having altered his said will, and probate thereof): AND WHEREAS the said M. N. hath lately died: AND WHEREAS the said A. B. is desirous of barring his equitable estate tail in the said copyhold or customary hereditaments devised by the said recited will as aforesaid, and all remainders, estates, and powers, to take effect after the determination or in defeasance of such estate tail, and of acquiring an estate in customary fee simple in the same hereditaments: NOW THIS INDENTURE WITNESSETH, that the said A. B. doth by this deed, intended to be entered on the court rolls of the said manor, conin fee simple. vey unto the said C. D. and E. F., ALL, &c. (copyhold parcels): AND ALL OTHER the copyhold hereditaments (if any) held of the said manor, to which the said A. B. is entitled as tenant in tail in equity under the said will or otherwise: To HOLD the same unto the said C. D. and E. F., in customary fee simple, To the intent that they may henceforth stand seised of and interested in the same, IN TRUST for the said A. B., in customary fee simple, freed and absolutely discharged of and from the said estate tail of the said A. B., and all remainders, estates, and powers, to take effect after the determination or in defeasance of such estate tail. Conveyance by tenant in tail to trustees in trust for tenant in tail IN WITNESS, &c. No. XI. DEED by TENANT in TAIL in REMAINDER to create a BY TENANT IN BASE FEE. THIS INDENTURE, made the day of BETWEEN 9 TAIL IN REMAINDER TO CREATE A BASE FEE. A. B., of, &c. (tenant in tail), of the one part, and C. D., of, &c. Parties. (grantee), of the other part (Recite will derising hereditaments to X. Y., for life, with remainder to A. B. in tail, with remainder over) AND WHEREAS the said A. B. is desirous of barring his estate tail in remainder of the said hereditaments and of converting the same into a base fee: NOW THIS INDENTURE WITNESSETH, that the said A. B. doth by this deed, intended to be enrolled in the High Court of Justice (Chancery Division) pursuant to the statute in that behalf, convey unto the said C. D., ALL, &c. (parcels), and all other (if any) the here- Tenant in tail ditaments of or to which the said A. B. is seised or entitled for conveys parcels an estate tail in remainder under the said will: TO HOLD the to grantee same (subject to the said estate for life of the said X. Y. therein), (subject to estate for life), unto the said C. D. and his heirs, To the use of the said A. B., to use of his heirs and assigns, freed and discharged from the estate tail grantor for a of the said A. B., and to the intent that the same may be converted into a base fee. IN WITNESS, &c. base fee. No. XII. DEED to ENLARGE a BASE FEE into an ESTATE in FEE DEED TO ENLARGE BASE FEE. the within-named A. B. (owner of base fee), of the one part, and WHEREAS Death of day tenant for life. DEED TO ENLARGE BASE FEE. That owner of hase fee is desirous of enlarging same. fee conveys parcel of : AND WHEREAS the said A. B. is desirous of enlarging the base fee into which his estate tail was converted by the within-written indenture into an estate in fee simple absolute: NOW THIS INDENTURE WITNESSETH, that the said A. B. doth by this deed, intended to be enrolled in the High Court of Justice (Chancery Division) pursuant to the statute in Owner of base that behalf, convey and confirm unto the said C. D., THE hereditaments and premises comprised in and conveyed by the within-written indenture, or expressed so to be: TO HOLD the same unto the said C. D. in fee simple, To THE USE of the said A. B., in fee simple, FREED AND DISCHARGED from all remainders, mainders, &c. estates, and powers to take effect after the determination or in defeasance of the base fee into which the estate tail of the said A. B. was converted by the within-written indenture, and to the intent that such base fee may be enlarged into an estate in fee simple absolute. to grantee to in fee simple free from re IN WITNESS, &c. BONDS. (a) No. I. BOND for PAYMENT of MONEY by INSTALMENTS. KNOW ALL MEN BY THESE PRESENTS, that I, A. B., of, &c. (obligor), am held and firmly bound (b) to C. D., of, &c. (obligee), in the sum of £ (twice the amount of the sum to be repaid), to be paid to the said C. D. SEALED with my seal: DATED this day of, in the year 18-. FOR PAYMENT Bond. NOW THE CONDITION of the above-written bond or Condition of obligation is such, that if the above-bounden A. B. shall pay to the said C. D. the sum of £ (that is to say), the sum of £ of on the day of by the instalments following -, part thereof, on the day now next ensuing, the sum of £, other part thereof, day of 18, and the sum of £, residue thereof, on the in the same year, and shall also at the several times herein before appointed for payment of the said several instalments of the said sum of £, pay to the said C. D. interest for the said sum of £, or such part (a) By the Stamp Act (33 & 34 Vict. c. 97), the stamp duties chargeable on bonds for payment or repayment of money or the transfer or retransfer of stock, are the same as on a mortgage for the same purposes. (See Stamps on Mortgages, vol. i.) The stamp duties chargeable where the bond is to secure an annuity, except upon the original creation thereof by way of sale are stated under the head of Stamps on Settlements, supra, p. 266. A bond of any kind not specifically charged with any duty is liable to a 108. stamp, unless the amount limited to be recoverable does not exceed £300, in which case the duty will be the same ad valorem duty as on a bond for the amount limited. (b) By the Conveyancing Act, 1881, sect. 59, it is provided that a bond or obligation under seal, although not expressed to bind the heirs, shall operate in law to bind the heirs and real estate as well as the executors and administrators and personal estate of the obligor. VOL. II. X X Bond. OF MONEY BY INSTALMENTS. FOR PAYMENT thereof as for the time being shall remain unpaid, after the rate of £ for every £100 by the year (such interest to commence and be computed from the day of the date of the above-written bond or obligation), THEN the above-written bond or obligation shall be void, otherwise the same shall remain in full force and virtue. TO SECURE Condition of No. II. BOND for SECURING the PAYMENT of an ANNUITY («). (BOND from A. B. (obligor) to C. D. (obligee) in the sum of £, suprà, p. 673). WHEREAS the above-bounden A. B. lately agreed with the said C. D. for the sale to him of an annuity of £, during his life, for the sum of £ such annuity to be secured by the bond of the said A. B.: AND WHEREAS, in pursuance of the said agreement, the said C. D. has paid to the said A. B. the sum of £- -, and the said A. B. has executed the above-written bond. NOW THE CONDITION of the above-written bond is such that if the said A. B. shall pay to the said C. D. during his life one annuity or yearly sum of £- by equal quarterly portions, on the of day of and the day quarterly portion of the said annuity to be paid on the (a) The stamp duty on this bond will be the same ad valorem duty as on a conveyance in consideration of the purchase-money to be paid for the annuity. (See 33 & 34 Vict. c. 97, s. 75.) |