APPENDIX.

No. I.

A MODERN FEOFFMENT TO USES TO BAR DOWER.

year

parties.

whereby, in

money,

of which pur

Vendor

THIS INDENTURE, made the 1st day of March, in the Premises. of our Lord, 1837, Between Abel Smith of, &c. of the first part; Date and Robert Thompson of, &c. of the second part; and James Hicks of &c. of the third part; WHEREAS, the said Robert Thompson Contract for purchase. hath contracted and agreed with the said Abel Smith for the absolute purchase of the hereditaments hereinafter described, and intended to be hereby granted and enfeoffed, and the inheritance thereof in fee simple, free from incumbrances, at or for the price or sum of 1.; NOW THIS INDENTURE WITNESSETH, that Testatum, in pursuance and performance of the said agreement, and in con- consideration sideration of the sum of 7. of lawful money of Great Britain of purchaseby the said Robert Thompson to the said Abel Smith, in hand paid at or before the sealing and delivery of these presents, (the (the receipt receipt of which said sum of 7. he the said Abel Smith doth chaser achereby acknowledge, and of and from the same and every part knowledges.) thereof doth hereby acquit, release, and for ever discharge the said Robert Thompson, his heirs, executors, administrators and assigns, and every of them,) He the said Abel Smith Hath given, enfeoffs. granted and enfeoffed, And by these presents Doth give, grant and enfeoff unto the said Robert Thompson and his heirs, ALL Premises, THOSE, &c. (describe the parcels,) Together with all and singular houses, &c. (general words,) And the reversion and reversions, and the reremainder and remainders, yearly and other rents, issues and profits of all and singular the hereditaments and premises, hereby granted and enfeoffed, or intended so to be, and of every part and parcel thereof, And all the estate, right, title, interest, inheritance, and all the use, trust, property, profit, possession, claim and demand whatsoever, both at law and in equity, of him the said Abel Smith, in, to, out of or upon the same premises, and every part and parcel thereof, with their and every of their appurtenances, To HAVE Habendum AND TO HOLD the said hereditaments, and all and singular other the premises hereinbefore described, and granted and enfeoffed, or unto purintended so to be, with their rights, members, and appurtenances, unto the said Robert Thompson and his heirs for ever, To such to such uses, uses, upon such trusts, and to and for such intents and purposes, shall by any and with, under and subject to such powers, provisoes, agreements deed appoint, and declarations, as the said Robert Thompson by any deed or deeds, writing or writings, with or without power of revocation, to be by him sealed and delivered in the presence of and attested by two or more credible witnesses, shall from time to time direct, b

version,

estate.

chaser,

as purchaser

and in default of appointment,

dower during the life of purchaser, upon trust for purchaser.

fee.

Covenants for title by vendor:

that he is

limit or appoint; And in default of and until such direction, limitation or appointment, and so far as the same shall not extend, To the to the use of use of the said Robert Thompson and his assigns during his life, withpurchaser for out impeachment of waste; and after the determination of that esremainder to tate by forfeiture or otherwise in his life-time, To the use of the said trustee to bar James Hicks and his heirs, during the life of the said Robert Thompson, in trust for him the said Robert Thompson and his assigns, during his life, and to the end and intent that neither the present nor any future wife of the said Robert Thompson may become entitled to dower out of or in the said premises, or any Remainder to part thereof; And immediately after the determination of the purchaser in estate hereinbefore limited to the said James Hicks and his heirs during the life of the said Robert Thompson, To the use of him the said Robert Thompson, his heirs and assigns, for ever; And the said Abel Smith doth hereby for himself, his heirs, executors, administrators and assigns, COVENANT, promise and agree with and to the said Robert Thompson, his appointees, heirs and assigns, in manner following (that is to say) That for and notwithstanding seised in fee, any act, deed, matter or thing whatsoever by him the said Abel Smith made, done, omitted, committed, executed, or knowingly or willingly suffered to the contrary, he the said Abel Smith is at the time of the sealing and delivering of these presents lawfully, rightfully and absolutely seised of and in, or well and sufficiently entitled to the said hereditaments and premises hereby granted and enfeoffed, or intended so to be, and every part thereof, with their and every of their appurtenances, for a good, sure, perfect, absolute and indefeasible estate of inheritance, in fee simple in possession, without any manner of condition, trust, power of revocation, equity of redemption, remainder or limitation of any use or uses, or other restraint, cause, matter or thing whatsoever, to alter, charge, defeat, incumber, revoke or and has good make void the same; And that for and notwithstanding any such act, deed, matter or thing as aforesaid, he the said Abel Smith now hath in himself good right, full power, and lawful and absolute authority to grant and enfeoff the said hereditaments and premises hereby granted and enfeoffed, or intended so to be, with their appurtenances, unto the said Robert Thompson and his heirs, to the uses and in manner aforesaid, and according to the true intent and meaning of these presents, And that the said hereditaments and premises, hereby granted and enfeoffed, or intended so to be, with their appurtenances, shall and may from time to time, and at all times hereafter, remain, continue, and be To the uses, upon and for the trusts, intents and purposes, and with, under and subject to the powers, provisoes, and agreements and declarations hereinbefore declared and contained of and concerning the same, and be peaceably and quietly held and enjoyed, and the rents, issues and profits thereof, and of every part thereof, received and taken accordingly, without any lawful let, suit, trouble, denial, claim, demand, interruption or eviction whatsoever, of or by him the said Abel Smith or his heirs, or of, from

right to convey;

and that the

premises

shall be held

to the uses hereinbefore declared,

cumbrances;

or by any other person or persons whomsoever lawfully or equitably claiming or to claim, by, from or under, or in trust for him the said Abel Smith; And that free and clear, and freely and clearly and absolutely acquitted, exonerated, released, and for free from inever discharged or otherwise by the said Abel Smith, his heirs, executors and administrators, well and sufficiently saved, defended, kept harmless and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales, jointures, dowers, and all rights and titles of or to dower, uses, trusts, entails, wills, mortgages, leases, statutes merchant or of the staple, recognizances, judgments, executions, extents, rents, arrears of rent, annuities, legacies, sums of money, yearly payments, forfeitures, re-entry, cause and causes of forfeiture and re-entry, debts of record, debts due to the King's Majesty, and of and from all other estates, titles, troubles, charges, debts and incumbrances whatsoever, either already had, made, executed, occasioned and suffered, or hereafter to be had, made, executed, occasioned and suffered by the said Abel Smith or his heirs, or by any other person or persons lawfully or equitably claiming or to claim by, from or under, or in trust for him, them or any of them, or by his or their acts, deeds, means, default or procurement; And further, that he the said Abel Smith and his heirs, and all and every other person or persons having or claiming, or who and for furshall or may hereafter have or claim any estate, right, title, interest, inheritance, use, trust, property, claim or demand whatsoever, either at law or in equity, of, in, to or out of the said hereditaments and premises, hereby granted and enfeoffed, or intended so to be, with their appurtenances or any of them, or any part thereof, by, from or under, or in trust for him the said Abel Smith or his heirs, shall and will from time to time, and at all times hereafter, upon every reasonable request to be made for that purpose, by and at the proper costs and charges of the said Robert Thompson, his heirs or assigns, make, do, acknowledge and execute all such further and other lawful and reasonable acts, deeds, things, devices, conveyances and assurances in the law whatsoever, for the further, better, more perfectly and absolutely granting, enfeoffing and assuring the said hereditaments and premises, hereby granted and enfeoffed, or intended so to be, and every part thereof, with their appurtenances, unto the said Robert Thompson and his heirs, to the uses and in manner aforesaid, and according to the true intent and meaning of these presents, as by the said Robert Thompson, his heirs or assigns, or his or their counsel in the law shall be reasonably advised, devised, and required. IN WITNESS whereof the said several parties have set Conclusion. their hands and seals the day and year first above written.

Signed, sealed, and delivered,

(being first duly stamped)

in the presence of

[Witnesses].

[Parties].

ther assul

ance.

Witnesseth

minal consi

deration

vendor bargains and sells

parcels.

Habendum

in the county of Robert Thompson of

of the other part: WITNESSETH that for a no- that in consideration of ten shillings of lawful money of Great Britain paid by the said Robert Thompson to the said Abel Smith at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged), He the said Abel Smith Hath bargained and sold, and by these presents Doth bargain and sell unto the said Robert Thompson, his executors, administrators and assigns, ALL THAT, &c. (as in release); Together with all houses, &c.; And the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits of all and singular the premises hereby bargained and sold, or intended so to be, and every part and parcel thereof, To HAVE AND TO HOLD the said messuage or tenement, hereditaments and premises, hereby bargained and sold, or intended so to be, and every part and parcel thereof, with their appurtenances, unto the said Robert Thompson, his executors, administrators and assigns, to purchaser from the day next before the day of the date of these presents, for the term of one whole year thence next ensuing, and Reddendum, fully to be complete and ended; YIELDING AND PAYING therefore the rent of one pepper-corn on the last day of the said term, if to the intent the same rent should be lawfully demanded, To the intent and thatpurchaser may take a that by virtue of these presents and by force of the statute release of the made for transferring uses into possessions, the said Robert Thompson may be in the actual possession of all and singular the said messuage or tenement, hereditaments and premises, hereby bargained and sold, or intended so to be, and every part and parcel thereof, with their appurtenances, and be thereby enabled to accept and take a grant and release of the reversion and inheritance of the same premises to him and his heirs, to the use of him and his heirs, as declared by another indenture already prepared, and intended to be dated the day next after the day of the date hereof. IN WITNESS, &c.

for one whole

year.

premises.

purpose