claim any estate, right, title, trust, charge or interest, at law or in equity, of, in, to, or out of the said messuages, lands and premises hereby assigned, or otherwise assured, or intended so to be, or any part thereof, by, from, under, or in trust for him or them, (other than and except the person or persons who for the time being shall be entitled to the benefit of the said rent, covenants, conditions and agreements) shall and will from time to time, and at all times hereafter, upon every reasonable request of the said E. F. his executors, administrators or assigns make, do and execute, or cause and procure to be made, done and executed, all such further and other lawful and reasonable acts, deeds, assignments, and other assurances, in the law whatsoever, for further, better, and more effectually or satisfactorily assigning, or otherwise assuring the said messuages, lands and premises, hereby assigned or otherwise assured or intended so to be, and every part thereof, with the appurtenances, unto the said E. F. his executors, administrators and assigns thenceforth for and during all the residue which shall be then to come and unexpired of the said term of years, according to the true intent and meaning of these presents, as by the said E. F. his executors, administrators or assigns, or his or their counsel in the law, shall be reasonably advised, or devised and required. IN WITNESS, &c. THE first Schedule to which the above wrillen Indenture refers. ALL, &c. THE Second Schedule, &c. L. ALL, &c. REASSIGNMENT by the Trustee, in pursuance of the `Trusts in last Precedent. THIS INDENTURE, made the day of, in the year, &c. BETWEEN E. F., &c. of the one part, and A. B., &c. of the other part; WHEREAS by indenture bearing date the day next before the day of the date of these presents, and made, &c. [recite the assignment to E. F. contained in last precedent.] Now THIS INDENTURE WITNESSETH, that in performance and execution of the trusts reposed in the said E. F., in and by the said in part recited indenture, and in consideration of the sum of five shillings of, &c. to him well and truly paid by the said A. B., immediately be fore the execution of these presents, the receipt whereof is hereby acknowledged, he the said E. F. Hath bargained, sold, assigned, transferred and set over, and by these presents Doth bargain, sell, assign, transfer and set over, unto the said A. B. his executors, administrators and assigns, ALL, &c. (which said, &c. are the, &c. particularly mentioned and described in and by the first schedule to the said in part recited indenture, and which by the same indenture were assigned to the said E. F. in trust to reassign the same to the said A. B. in severalty, as aforesaid;) And all the estate, right, title, interest, term and terms, for years, property, possession, claim and demand whatsoever, at law and in equity or otherwise howsoever, of him the said E. F., of, in, to, out of, or upon, the said, &c. hereby assigned, or otherwise assured, or intended so to be, and every or any part thereof, TO HAVE AND TO HOLD the, &c. and all and singular other the premises hereby assigned or otherwise assured or intended so to be, and every part thereof, with their and every of their rights, members and appurtenances, unto the said A. B. his executors, administrators and assigns, hence forth, for and during all the residue, now to come and unexpired, of the said term of years therein, but subject nevertheless to the payment of the rents, and to the observance and performance of the several covenants, clauses, provisos and agreements respectively reserved and contained in or by the said indenture of lease, and which henceforth on the lessee's part or behalf, are, or ought to be, paid, performed or observed, in respect of the same premises. IN WITNESS, &c. N. B. If the reassignment is intended to be ef DEED OF PARTITION of Freehold and Copyhold Premises. The Parties, as to some Parts, are Seised in Fee, and, as to the Remainder, in Tail. Some of the Undivided Shares having been the Subject of Mortgages and other transactions, the Allotments are now limited to corresponding uses. THIS INDENTURE, &c. 1805, BETWEEN S. W. of, &c. of the first part, T. W. of, &c. of the second part, R. J. the elder, of, &c. and R. J. the younger, of, &c. of the third part, I. L. of, &c. of the fourth part, T. B. of, &c. and the said S. W. of the fifth part, I. F. of, &c. of the sixth part, A. B. of the seventh part, and C. D. of the eighth part; WHEREAS, &c. [Re- Recitals of citals of the will of J. B., devising part of the property in question (namely, freehold and all the copyhold) to his three daughters Elizabeth, Mary and title. Sarah, in fee, as tenants in common. That, shortly after J. B.'s decease, the three daughters agreed among themselves to make partition, and accordingly divided these lands, and that the same have since been held in severally pursuant thereto, but such partition was never perfected by matter of record, deed, or other legal instrument or proceeding. That the arrangement of shares or allotments was as follows, &c. (describing it.) That by virtue of certain indentures of settlement, the remainder of the property in question became vested in the said three daughters, in tail, as tenants in common, with the reversion in themselves in fee. That Elizabeth intermarried with S. W., and survived him, and made her will, by virtue whereof her share eventually became vested, as to part of the premises, in S. W. and, as to other part, in said T. W., her only sons. That Mary intermarried with said R. J. the elder, and died leaving the said R. J. the younger, her heir at law. That Sarah intermarried with J. L, deceased, and survived him, and made her will, devising her share of the freehold and copyhold (except the said intailed lands,) to said T. B. and S. W., in trust to sell, that on her death, the intailed lands descended to said J. L. her son, and heir at law. That the persons entitled to the lands, comprised in said indentures of settlement, agreed among themselves to make partition thereof, and accordingly divided the same, and that the same have since been held in severalty, but such partition was never perfected by matter of record, deed or other legal instrument or proceeding. That the arrangement of shares or allotments was as follows, &c. (describing it.) That by indenture of mortgage, R. J. the younger, mortgaged his share of the freehold, to said J. F. for one thousand years, for securing £550 and interest. That by indentures of lease and release, and a recovery, the shares of said R. J. the younger, and J. L. in the freehold were limited, as to an undivided moiety of such shares, to such uses as said R. J. the younger should by deed or writing up 1 ations. point, and in default, to the use of him for life, remainder to a trustee during his life, in trust for him, remainder to R. J. in fee, and as to the other moiety, to similar uses in favour of J. L. that the parties have reciprocally agreed to carry into effect and perfect the said partitions. That £550, with an arrear of interest, is still due to said J. F. and it is agreed that said term of one thousand years should be assigned to said C. D. to attend the inheritance, and that the mortgage money shall be secured by a term of two thousand years, to affect only the allotment hereinafter made or limited to the said R. J. the younger, and to be created by an indenture of demise, to be dated on the day next after the day of the date of these presents. Now THIS IN ConsiderDENTURE WITNESS ETH, that in pursuance, and part Appointperformance, of the said agreement, on the part of ment by R. J. junior, the said R. J. the younger, and J. L., each of and J. L. them the said R. J. the younger, and J. L. respectively, by virtue and in exercise of the power or authority, given, limited or reserved, to him respectively, in or by means of the said last in part recited indentures of lease and release and common recovery, or some or one of them, and by virtue and in exercise of all other powers and authorities enabling him respectively in this behalf, doth by this his deed or writ ing direct, limit and appoint, that ALL such and so many and such undivided part or parts, share or shares, of and in the freehold messuages, lands and bereditaments hereinafter described, and hereby released, or otherwise assured, or intended so to be, with their rights, members and appurtenances, as are now subject to his said respective power or authority, powers or authorities, shall henceforth remain, continue and be, to the uses, upon the trusts, and for the To the uses ends, intents and purposes, hereinafter limited, expressed and declared of and concerning the same; AND THIS INDENTURE ALSO WITNESSETH, that in pursuance and further performance of the said re A hereinafter mentioned. |