The perfect conveyancer: or, Severall select & choice presidents such as have not formerly been printed. Collected by four several sages of the law. Edward Henden, Knight; late one of the barons of the Exchequer. VVilliam Noy, Attourney Generall to His late Majestie. Robert Mason, sometime recorder of London. And Henry Fleetwood, formerly reader of Grayes-Inne. Wherein are contained many excellent examples and instructions touching the manner and method of conveyances; usefull for all persons, that are professors in the law, and desire to be rightly and judiciously informed. With an exact table for the readers more ready recourse to any the particulars contained therein.

An Indenture of Covenants, to lead the use of a Fine, Feoffment, &c. In consideration of natural affection.

THis Indenture, &c. Between Sir R.M. of, &c. Knight, of th'one part, and Sir P.W. Knight, and P.W. of, &c. Esquire, and A.T. of, &c. on the other part, Witnesseth, that the said Sir R.M. for and in consideration of the natural love and affection the which he hath and beareth unto I. M. his Son and Heir ap∣parent, and for his advancement, and for the present maintenance of the Heir of him the said R. and to the intent his Daughters may have convenient portions to maintain them, and to preferr them in Marriage, And also for the establishing the Manors, lands, and tenements, and other the hereditaments, with th'appurtenances, hereafter mentioned, to such uses, intents and purposes as are hereafter limited and appointed, doth by these presents, for him, his heirs and assigns, covenant and grant, to and with the said Sir P.W. &c. their heirs and assigns, and every of them, that he the said Sir R M. his heirs and assigns, shall and will on this side and before, &c. by his sufficient Deed of Feoffment, Fine, recovery, or other good and sufficient conveyance and assurance in the Law, well and sufficiently convey and assure unto the said Sir P.W. &c. their heirs and assigns, all and singular that his Manor of, &c. (re∣cite the particulars,) with their appurtenances; which said Feoff∣ment. Fine, Recovery, and other conveyance and assurance, and any and every of them, to be as aforesaid made, shall be and inure, and is limited, declared, and appointed to be and inure, And

the said Sir P.W. &c. their heirs and assigns, and every of them, shall, from and after the said Feoffment, or other assurance as a∣foresaid made, stand and be seized of the Manor, and all the pre∣mises before intended to be as aforesaid conveyed, with all and every their appurtenances, and of every part and parcel thereof, to the uses, intents, and purposes hereafter in these presents ex∣pressed, and to none other use, intent or purpose whatsoever, that is to say, to the use and behoof of him the said Sir R. M. to the use and behoof of him the said I.M. Son and heir apparent of the said R. and of his assigns, for and during the term of his natural life &c. (and so recite the several limitations of uses, as it is to be intended,) And furthermore it is concluded and agreed, by and between the patties to these presents, and every of them, their heirs and assigns, and it is the true intent and meaning of the said Feoffment, Fine and other assurances of the said premises as a∣foresaid to be made, that they the said Sir P.W. &c. and the sur∣vivor of them, their heirs and assigns, shall stand and be seized of the Manor, and all and singular other the said premises, with their appurtenances, to the uses and intents following, that is to say, That he the said I.M. and his assigns, shall and may yearly, during the term of the natural life of the said Sir R.M. have, re∣ceive, and perceive out of the said premises, with their appurte∣nances, one several rent of the sum of &c. to be paid unto the said I.M. and his assigns, during the life of the said R. M. yearly, at the 4 usual Feasts of the year, viz. by even proportions to be paid, And if the said several rent of &c. or any part thereof be behind or unpaid, at any of the said Feasts in which it ought to be paid as aforesaid, that then he the said I.M. and his assigns, during the life of the said R. shall and may distrain in and upon the said pre∣mises, or any part or parcel thereof, for the same so being behind as for a Rent-charge to all intents and purposes, and likewise to the use and intent that M.M. one of the Daughters of the said Sir R.M. shall and may yearly during the life of the said R. have and preceive out of the said premises, one several rent of &c. to be paid at the 4 usual Feasts in which it ought to be paid as afore∣said, and that she the said M. and her assigns, shall and may di∣strain for the same, upon the premises or any part thereof, as for rent-charges to all intents and purposes. Provided always that if the said M. shall during the life time of the said Sir R.M. hap∣pen to marry without the consent of him the said Sir R.M. or if

he the said R. shall, or doe, during his life-time, bestow upon the said M. in Mariage the sum of, &c. that then and from thence∣forth the said annual rent of, &c shall cease, and be determined to all intents and purposes (and if more Daughters, then follow the like.) Provided alwayes, and it is covenanted and agreed by and between the said parties to these presents, and every of them, their heirs and assigns, and it is the true intent and meaning of the said Feoffment, Fine, and other conveyance and assurance of the said premises to be as aforesaid made, that if it shall fortune the said Sir R.M. to dye before such time as the said M. K. and A. M. or any of them be married, or before such time as such of them as shall be married shall receive her said protion of, &c. that then they the said Sir P.W. &c. and the survivor of them, their heirs and assigns, shall immediatly from and after such decease of him the said R. stand and be seised of all and sin∣gular the said premises, with their appurtenances, to the use and behoof of them the said M. K. and A. and their assigns, as shall be so unmarried, or as shall not have received the said sum of, &c. for, during, and until such of the said M. K. and A. as shall be unmarried and unpayd as aforesaid, have had and received the full of the several sums of, &c. any matter or thing hitherto speci∣fied to the contrary notwithstanding. Provided neverthelesse, that if the said I.M. his heirs and assigns, shall, and do within, &c. next after the decease of him the said Sir R. M. content and pay unto every of them, the said M. K. and A. as shall be then unmarried, the sum of, &c. And to such of them the said M. K. and A. as shall be married and unpaid, the sum of, &c. That then and from thenceforth, after such payment, the use unto her and them as aforesaid limitted, shall cease, and be determined to all intents and purposes. Provided neverthelesse, that whereas the said Sir R.M. is indebted unto several persons in the sum of, &c. to the intents that the said debts may be paid and discharged, it shall and may be lawfull to and for the said R. M. by his Inden∣ture under his hand and seal, to demise and let all that the said, &c. (reciting the parcels) And that the said Lease and Demise so to be made, shall be good in Law; and that for the making of the said Lease as aforesaid, the said Sir P.W. &c. their heirs & assigns, and every of them, and all and every other person and persons, then standing, or being seised of the said premises so to be de∣mised, and every part thereof, shall stand and be seized thereof

to the use and hehoof of every such person or persons, to whom any such Lease or Demise shall be as aforesaid made, to his and their executors and assigns, according to the purport, intent, and true meaning of the said Lease and Demise. Provided further∣more, to the intent that the said I. M. may be the better advan∣ced and preferred in Marriage, that it may and shall be lawfull to and for the said I. M. to make unto such wife or wifes as he shall fortune to marry, or unto any other person or persons, to the use of such wife or wifes, a Joynture of so much of the said Manor, and other the said premises, with their appurtenances, as shall a∣mount unto the yearly sum of, &c. and not above, for the term of the life of such wife or wifes only, and no longer, and to con∣vey and assure the same accordingly, and that the said Joynture to be made shall be good and available in the Law; and that they the said Sir P.W. &c. and every of them, their heirs and assigns, and every other person and persons then being seized of the said premises, to be made and conveyed in Joynture, shall stand, and be thereof seized, to the use and behoof of such wife and wifes to whom the same shall be conveyed or assured in Joynture as a∣foresaid, for and during the term of her life, according to the in∣tent and meaning of these presents, any matter or thing before specified to the contrary hereof, notwithstanding. Provided al∣ways, that if the said I. M. shall or do contract himself in mar∣riage, or do marry with any person or persons whatsoever, without the consent and good liking of them the said Sir P.W. &c. or without the consent and good liking of the said Sur∣vivor or Survivors of them first had, and in writing obtained; That then, and from thenceforth the use of the said premises unto the said I.M. by these presents limitted, and to every of the heirs males of his body to be begotten, shall absolutely cease and be determined, both in respect of him the said I. M. and also of eve∣ry of the said heirs males of his body to be begotten, to all intents and purposes, as if he or they had never been named or mentioned in these presents, and that then and from thenceforth they the said Sir P.W. &c. their heirs and assigns, and every of them, shall stand & be seized of the said premises, and of every part and par∣cel thereof, to the use and behoof of such other person & persons, and with such provisoes and limitations as is before in these pre∣sents limited & appointed, as if the said I. M. were naturally dead without heir of his body; any clause or matter before specified to the contrary notwithstanding, &c.

Notes

• The intent of the F••ffment, &c. to be made, is that the heir of the Feoffor shall have such a rent, during the life of the Feoffor, out of the premises; and that he may distrain for it, being behind, as for a rent charge. And to the in∣tent likewise M. one of the daughters of the Feoffor should have the like rent with distresse for the same be∣ing behind. Provided, that if M. marry without the consent of the Feoffor, or if the Feoffor bestow such a portion upon her in marri∣age during his life, that the rent shall cease. Proviso, that if the Feoffor die before his Daughters are married, or before such as shall be mar∣ried have re∣ceived their portiō of, &c. that then the Feoffees shall stand seized to the use of them, untill they have re∣ceived, &c. Proviso, to determine the uses aforesaid, to the Daugh∣ters, upon payment of their several portions by the heir.
• Proviso, that the Feoffor may demise parcel of the premises, for payment of his debts, & that the Feoffees shall stand seized to the use of such persons to whom such demise shall be made.
• Proviso, that the heir may make his wife a Joynture of parcel of the premises, & that the Feof∣fees shal stand seized to the use of such wife accor∣dingly.
• Proviso, that if the heir marry without the consent of the Feoffees first had in writing, that then the uses of the premi∣ses, unto him limited, as al∣so unto the heirs males of his body, shall cease, & be de∣termined, &c.