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Grant of, shall be then subsisting and in force or capable of besecured on ing kept on foot or renewed in such manner and form Copyholds as he the sd (grantor) his exs, &c. or his or their counsel in the law shall reasonably require In Witness, &c.

Surrender

of copyholds, but not a demise.

Estates pur autre vie.

Estate of surrenderor and surren

deree until admission.

Warrant of attorney a security.

Where sur

render is previously made.

Grant of an Annuity for the Life of the Grantee secured on Copyholds.

Obs. 1. Where an annuity is to be secured on copyholds, it is usual either to covenant to make a surrender, or, which is the safer course, to make a previous surrender on condition, with a deed of grant, containing the usual covenants. A demise to a trustee is not commonly made, as no term can be granted without the licence of the lord for longer than one year.

2. As the 29 Car. II. c. 13, s. 12, and 14 G. II. c. 20, s. 9, giving the benefit of estates pur autre vie to the executors of tenant for life, do not extend to copyholds, of which there can be no general occupant, Withers v. Withers; Ambl. 151. Zouch v. Forse, 7 E. 186; the covenant to surrender ought to be limited to the use of the grantee for a term of years, to prevent the annuity determining on the grantor's death. (See Annuity, § 2.)

3. Where an actual surrender is made, the surrenderor remains tenant to the lord until admission, insomuch, that prior to the 55 G. III. c. 192, the surrenderor could not, after such surrender, devise the copyhoids without previous surrender to his will. Knebel v. Serafton, 8 Ves. 30. Doe v. Wroot, 5 E. 130; Coote Morg. 111. So likewise a surrenderee, not being tenant until admittance, cannot in the mean time pass the lands, although he may make an equitable transfer of them, Dve v. Tofield, 11 E. 246; nor recover actual possession of the premises on default; but the surrenderor being considered in equity as trustee for the surrenderee, Holdfast v. Clapham, 1 T. R. 600, it is not usual for him to be admitted until default, in order to avoid the fees for admission and performance of the customary services.

4. Although a judgment will not attach upon copyholds, yet it will bind the goods of the copyholder, and give priority, as in other cases. 2 Eq. Ca. Ab. 222. A warrant of attorney is therefore an additional security.

This Indenture, &c. (as in the last precedent) Betn (grantor) of, &c. of the one part and (grantee) of, &c. of the other part. Whas, &c. [recite seisin of grantor, also contract for purchase of an annuity and (a) warrant of attorney, as in the last precedent.] (b) Now, &c. (a) See Obs. 6.

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(b) Where a surrender has been previously made, say, 'And whas at a special court-baron held in and for the manor of the co of the sd (grantor) hath surrdrd by the rod into the hands of the lord of the sd manor on the day of the date of these prests' (or, if out of court, to two customary tenants) by the hands and acceptance of (copyholders) two of the customary tenants of the sd manor accordg to the custom of the sd manor All those, &c. (parcels) To the end and intent that the sd (grantee) his hrs or ass shall or fully may be admitted tenant thereto to be holden at the will of the lord according to the custom of the manor subject to the rents and services in respect thof on condon that if the sd (grantor) his hrs exs or ads shall well and truly pay or cause to be pd unto the sd (grantee) his hrs or ass for and during the natural life of the sd (grantee)

Grant of, secured on Copyholds

in conson of, &c. to the sd (grantor) in hand, &c. by the sd (grantee) at, &c. the rect whof, &c. He the sd (grantor) Hath given granted, &c. unto the sd (grantee) and his ass (a) during the natural life of the sd (grantee) One Annuity or, &c. to be issuing out of, &c. All those, Testatum. &c. To Have and to Hold, &c. And the sd (grantor) for Habendum. himself, &c. covt to pay, &c. And (b) this Indre furr Wit

to make

void.

nesseth That for the furr, &c. securing the paymt of the sd Further annty, &c. of £ at or upon the days, &c. as afd He the testatum. sd (grantor) doth hby for himself his hrs exs ads and ass covt, &c. with, &c. (grantee) and his ass that he the sd (grantor) his hrs exs, &c. at or before the next general court which shall be holden in the sd manor of shall and will surrdr into the hands of the lord or lady of the sd manor of accrdg to the custom of the sd manor All those, &c. with the appts hnbefe mentd To the end and intent that the sd (grantee) or his ass shall or lfully may be admitted thereto to be holden at the will of the lord according to the custom of the sd manor and subject to the rents and services in respect thof on condition Condition nevss that if the sd (grantor) his hrs exs ads or ass shall well and truly pay the sd annty, &c. unto, &c. (grantee) and his ass during the natural life of him the sd (grantee) And also shall well and truly pay unto the exs ads or ass of the sd (grantee) in case the sd (grantee) shid depart this life on any of the sd days of payment the whole of the sd quarterly payment which shall then have become due and paye and if on any other day then a proportional part of the sd annty for the time which at the dece of the sd (grantee) shall have elapsed of the quarterly payment then growing due or in case of a repurchase of the sd annty in pursuance of the provo hnaftr contd in that behalf Then and in either such case the surrdr hnbefe covenanted to be made shall be and become absolutely void to all intents and purps whatsr And in case the sd (grantee) or his ass shall have been Declaration admitted to the sd preses or any pt thof he and they of trusts.

or his ass one annty or yrly sum of £ and also a proportional pt of the sd annty free from taxes on the days and in the manner hnaftr parlarly mentd or if the sd (grantor) his exs ads or ass should repurchase the sd annty upon the terms hnaftr mentd Then and in either of the sd cases the sd surrdr shall be void to all intents and purps whatsr.'

(a) Where an annuity is granted during the life of the grantee, it must be to him and his assigns, not his exs, &c.

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(b) Where a surrender has been previously made, omit this further testatum, and proceed, And it is hby decld and agrd That in case the sd (grantee) or his ass shall have been admitted to the sd preses or any pt thof he and they shall then henceforth stand seised and possessd of the same Upon, &c.' as above.

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Grant of, shall thenceforth stand seised or possessed of the same secured on Upon the trusts and to and for the ends intents and Copyholds purps and with under and subject to the powers provos

declons and agrmts hnaftr expssd and decid concerning the same that is to say Upon Trust that he the sd (grantee) and his ass shall and may by and out of the rents issues and profts thof or any pt thof or by sale or mortge thof or by all or any one or more of the sd ways and means at his discretion raise and levy such sum and sums as he or they shall deem sufficient to pay and satisfy so much of the sd annty, &c. as shall be then due and in arrear Togr with all costs chas dams and exps as shall have been sustained and expended And upon this furr Trust to place out and invest the residue or surplus of the money to arise by such sale or mortge and the produce of the sd heredts and preses at int in the name or names of the sd (grantee) or his ass And it is hby decld and agrd by and betn the pties to these prests That the sd (grantee) his exs ads or ass shall stand possessed of and interested in the mos to be placed out and invested Upon Trust by and out of the int divds and proceeds thof and in case the same shall be insufficient then by selling and disposing of the principal or capital of the sd stocks funds or secties and therewith to retain and pay to himself the sd (grantee) his exs ads and ass so much of the sd annty or yrly, &c. as shall from time to time become due and paye togr with all rease costs chas and exps incurred or in respect thof And from and after full paymt and satisfaction thof then in trust to pay and apply the residue and surplus of the divds and int thof or of so much as shall not have been sold or disposed of for the purps afd unto the sd (grantor) his exs ads and ass Provided always and it is hby decld, &c. that from and after the dece of the sd (grantee) and full paymt unto the exs grantee and ads or ass of the sd (grantee) of the sd annty and such payment of proportional part as afd and all costs chas dams and annuity that exps as afd then the sd sevl pieces and pels of ld and heredts hby covtd to be surrdrd or so much thof as shall not be disposed of under the trusts hnbefe decld shall be In Trust for the sd (grantor) his hrs and ass to be surrendered or orwise assured as he or they shall direct or appt And furr that all contracts sales, &c. And also that the sil (grantee) his exs ads and ass or one of them shall not be answerable, &c. And that the rect or rects, &c. And the sd (grantor) doth hby for himself, &c. (Covenants for title, &c.) Provided always (Clause for repurchase, &c.) (See last Precedent.)

After decease of

the premises shall

be held in

trust for the grantor.

Assignment of a Leasehold Estate as a Collateral Security for the Payment of an Annuity for Lives.

Grant of, secured on

Lease

holds.

This Indenture, &c. Betn (grantor) of, &c. of the one pt (grantee) of, &c. of the or. pt and (trustee) of, &c. a Recital of trustee named by and on behalf of the sd (grantee) lease. Whas by indenture bearing date, &c. and made Betn (original lessor) thin described of the one pt and (lessee) also thin described of the or. pt For the consons thin mentd the sd (lessor) did demise unto the sd (lessee) his exs ads and ass All that piece or pcel of ground, &c. To hold the same with the apts unto the sd (lessee) his exs ads and ass from the last past during the term of yrs wanting ten days thence next ensuing under the clear yrly rent of £ paye quarterly on the days thin mentd And subject to

day of

then

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the several covts agrmts and provos thin contd And Mesne aswhas by divers mesne assnmts and other acts in the law signments. parlarly by an indre of assnmt bearing date on or about the

day of and made betn (assignor) thin described of the one pt and the sd (grantor) of the or. pt the sd piece or pcl of ground messe buildgs and or. the preses comprised in the sd recited indre were assd to or became vested in the sd (grantor) And whas the sd (grantor) Contract in conson of the sum of £- to be to him pd by the for pursd (grantee) hath agrd to grant unto him the sd (grantee) chase. his exs ads and ass one annty, &c. during the natural lives of (nominees) and the life of the survor of them And for better securing the payment of the sd annty to the said (grantee) he the sd (grantor) by his bond, Bond. &c. bearing even date herewith and exted immediately before these prests is and stands bd to the sd (grantee) his exs ads and ass in the penal sum of £— with a condon thereunder written that if the sd (grantor) his exs ads or ass shd and did well and truly pay unto the sd (grantee) his exs, &c. during the lives of the sd (N) and the life of the longest liver of them the sd annty or, &c. of £- clear of all taxes chas and deductions whatsr on the two feast days and in manner as therein and hnaftr mentd then the sd bond to be void as in and by the sd hond, &c. will more fully appear And Agreement whas previous to the granting of the sd annty he the sd to assign (grantor) proposed and agrd to assign the messe tents and preses so assigned and vested in him as afd as and for a furr secty for paymt to him of the same annty in such manner as is for that purpe mentd and expssd Now, &c. in pursuance and performance of the sd agrt and in conson of, &c. to the sd (grantor) in, &c. pd by the sd (grantee) at, &c. in full for the absolute purchase of

lease.

Grant of, the sd annty so granted and paye to him the sd secured on (grantee) by the sd bond as afd the rect, &c. and for

Lease

holds.

Declaration of trusts.

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&c. paymt, &c. unto, &c. (grantee) his, &c. during the lives, &c. (See Grant on Freeholds) He the sd (grantor) Hath granted, &c. [See Assignment of Leasehold] all that, &c. with the apts as the same is now in the occupation of, &c. comprised in and demised by the sd in pt recited indre and all the este, &c. [see Release] together with the sd indres of lease and assignmts and all bent and advantage whatsr to arise be had or made by virtue of a certain instrument or policy of insurance dated numbered made to and since assigned to the sd (grantor) and insured in, &c. in a certain fire office, &c. whby the sum of £ is to be pd in case the same messe, &c. shall be burnt or damaged by fire Habendum, as thin mentd To Have and to Hold the sd messe, &c. unto the sd (grantee) his exs, &c. from the now to come, &c. in as large full ample and beneficial manner to all intents and purps as he the sd (grantor) could or might have had held or enjoyed the same in case these prests had not been made Upon the trusts nevss and to and for the ends intents and purps hnaftr expssd and decld that is to say In the first place for the better securing the paymt of the sd annty or, &c. of £-according to the true intent and meaning of the sd in pt recited bond and of these prests That it shall and may be lful for the sd (grantee) his exs, &c. during the lives, &c. to levy and yrly to take rece and enjoy out of the rents issues and profits of the sd hby assd messe, &c. the sd yrly sum of £- witht any deduction or abatement whatsr the same to be pd in, &c. And furr That in case deft shall be made in paymt of the sd annty at any time during the lives, &c. or in case the sd messe, &c. shall happen to be uninhabited and not tenanted by the space of Then and so often and in either of the sd cases it shall and may be lful to and for the sd (grantee) his, &c. by mortge of the sd messe, &c. or orwise to raise so much money as shall be sufficient to pay and discharge all arrears of the sd annty and also all costs dams chas and exps to be from time to time occasioned by such non-paymt thof And the sd (grantor) doth hby direct the present and all future tenants of the sd hby assd preses to pay to the sd (grantee) his exs, &c. during the lives, &c. so much of their respive rents of the sd preses when the same shall become paye as shall be sufficient to pay and satisfy to him and them the sd annty or, &c. of £togr with all costs and chas which shall or may happen by reason of the non-paymt thof in manner afd and that the rects of him the sd

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