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A86941 The third part of the young clerks guide: or, a further collection of choice English presidents for indentures of settlement, of exchange, of bargains and sales, letters of attorney, declarations of trust, assignments, conditions, presentations, and sundry others of the newest forme. / Compiled by Sir R.H. and perused by a judicious practitioner, very useful and necessary for all.; Young clerks guide. Part 3 Hutton, Richard, Sir, 1561?-1639. 1659 (1659) Wing H3847; Thomason E1908_2; ESTC R209948 197,786 328

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and all the estate and term for years therein and thereby demised and granted or mentioned to be demised and granted And also doth hereby fully and absolutely release the said Condition and all and every the Condition and Conditions whatsoever in the said recited Indenture of Lease contained And also the said R. F. for the Consideration aforesaid doth hereby grant demise confirm and assure unto the said T. F. his Executors Administrators and Assigns the foresaid Messuages or Tenement Cottage Closes Lands and all other the premisses for all the foresaid term and number of 500. years by the said recited Indenture of Lease demised or thereby mentioned to be demised and doth also hereby grant and release unto the said T. F. his Executors and Assigns the foresaid yearly rent of 1. l by the said recited Indenture reserved and all the arrerages thereof To have and to hold all the said Messuage or Tenement Cottages Closes Lands and all other the premisses with their and every of their appurtenances in the said recited Indenture mentioned and the said yearly rent unto the said T. F. his Executors Administrators and Assigns for and during all the rest and residue of the said term and number of 500. years in the said recited Indenture of Lease mentioned and now to come and unexpired freely and absolutely without any Proviso or Condition whatsoever Cum Covenantis proprecata fruitione et ab Incumbram et ulterior Assurand In witnesse whereof c. An Indenture upon Marriage and for settling Lands to uses and a Declaration of a Fine levyed to those uses THis Indenture made c. Between I. S. Esq second sonne of the Right Honourable H. E. of W. on the one part and A. Lady D. of c. and Sir T. W. of c. on the other part Whereas the said E. and A. his Wife in the County of W. are now seized for term of their lives Recital of being seized and of the life of the longer liver of them of and in all that the Mannor of C. and the lands tenements and hereditaments called C. P. and of the Burrough of C. and of the advowson and free gift of the Parsonage of the Church of C. with all and singular the rights members and appurtenances thereof in the C. of D. and of diverse Messuages Lands Tenements Rents Woods Wood-grounds and Hereditaments to the said Mannor and premises belonging or appertaining without Impeachment of waste the Reversion or Remainder thereof to the said I. S. and the Heirs of the body of the said I. S. lawfully to be begotten And for want of such issue the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heires of the said C. for ever Recital of the Marriage And whereas there is a Marriage by Gods grace intended shortly to be had and solemnized between E. Lord H. sonne and heir apparent of the said E. and C. and E. D. sole daughter of the said A. Lady D. they the said E. and C. and the said I. S. for settling of the inheritance of the said M. and premises to the uses hereafter expressed and declared have this present time of the holy Trinity in the year abovesaid acknowledged and levied one Fine in due forme of Law before his Highnesse Justices of his Court of Common Pleas at Westminster Recital of the Fine unto the said A. Lady D. and Sir T. W. and to the Heirs of the said A. Lady D. amongst other Mannors Lands Tenements and Hereditaments in the said Fine contained of and for all that the said Mannor of C. with the appurtenances And of all Lands Tenements Meadows Pastures Feedings Commons Woods Wood-grounds Wasts Moors Heaths Liberties Franchises Jurisdictions Advowsons Presentations Emoluments and Hereditaments whatsoever to the said Mannor and premisses or any part or parcel thereof belonging or appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof or any part thereof And whereas the said E. and C. by Indenture tripartite under their hands and Seals dated with these presents have expressed and declared that the said Fine so levied of and for the said Mannor of C. and premisses herein contained should be and enure to the use and behoof of them the said E. and C. for and during the term of their two lives and the life of the longer liver of them without Impeachment of or for any manner of wast and from and after their decease and of the Survivor of them the Remainder thereof to the use of the said E. Lord H. during the term of his natural life and from and after his decease the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the Remainder thereof to the right Heires of the said C. as by the said Fine and recited Indenture purporting and declaring the use aforesaid it doth and may appear Now this Indenture witnesseth and it is hereby covenanted Intention of Parties concluded declared and agreed by and between all the parties to these presents and the true intent and meaning of the said I. S. and of all the parties to these presents and to the said Fine at the time of levying thereof for and concerning the said Mannor of C. with the rights members and appurtenances thereof was and now is that the same Fine should be and enure and hereby and by all the parties to these presents is declared and expressed to be and enure and the Cognizees of the said Fine and their heires shall stand and be seized of the said Mannor of C. with the rights members and appurtenances thereof The uses To the uses intents and purposes hereafter expressed limited and declared that is to say To the use and behoof of them the said E. and C. for and during their two lives and the life of the longer liver of them without Impeachment of any manner of waste And from and after their decease and of the Survivor of them the Remainder thereof to the use of the said E. Lord H. Son and Heire Apparent of the said E. for and during the term of his natural life And from and after his decease the Remainder thereof to the heires males of the body of the said E. Lord. H. to be begotten on the said E. D. his intended Wife and in default of such heirs male then to the use of the heires of the body of the said E. Lord H. to be begotten on the body of the said E. D. the Remainder thereof to the right heires of the said C. and to none other use intent or purpose Provided alwayes Proviso to make Leases and the true intent and meaning of all the parties to these presents is and was at the time of levying the said Fine That it
Heirs and all and every other person and persons that now is or are or that at any time hereafter shall be seized or estated of or in all and every part of that the Mannor of A. with the Rights Members and Appurtenances thereof in the said County of O. and of or in all or any Lands Tenements Meadows Pastures Feedings Commons Wayes Wasts Wast-grounds Hereditaments and Appurtenances whatsoever belonging to the said Mannor or reputed as part parcel or member thereof in A. aforesaid and whereof or wherein the said R. D. now hath any estate of Inheritance in Fee-simple shall thereof and of every part and parcel thereof immediately from and after the ensealing hereof stand and be seized thereof and of every part and parcel thereof to the several uses intents and purposes hereafter in these presents expressed limited and declared that is to say To the use and behoof of the said R. D. for the Term of his natural life without Impeachment of any manner of wast and after his death to the use of the said I. D. for the Term of his natural life without Impeachment of any manner of wast and after his decease to the use of the first Sonne of the body of the said I. D. lawfully to be begotten and of the heirs males of the body of the said first Sonne lawfully to be begotten And for default of such Issue to the use and behoof of the Second Third Fourth Fifth Sixth Seventh Eighth Ninth and Tenth Sonnes of the Body of the said I. D. lawfully to be begotten respectively as they shall be in Seniority and Age and of the Heirs Males of such Second Third Fourth Fifth Sixth Seventh Eighth Ninth and Tenth Sonnes lawfully to be begotten of his body the eldest son and his heirs being alway preferred before the younger son his heirs of his body And for default of such Issue to the use of every other the Sonnes of the said I. D. as they shall be in Seniority and Age and of the Heires Males of the Bodies of every such Sonnes lawfully to be begotten And for default of such Issue then to the use of M. D. Gentleman second Son of the said R. D. for the term of his natural life without Impeachment of any manner of wast and after his death to the use of the first Sonne pro ut Supra in the first Sonne then to the third Son in manner pro ut al. primum And for the default of such Issue then to the use of the right Heires of the said R. D. for ever and to none other use intent or purpose whatsoever with the same clause of Revocation as is mentioned in the last president In witnesse c. A Condition of a Counter Lond. THe Condition c. That whereas the above-named N. B. at the special instance and request of the above-bounden C. D. for the proper debt of the said C. D. and as his surety by obligation bearing dare with these presents standeth joyntly and severally bound together with the said C. D. unto E. F. of c. in the sum of c. with Condition thereupon endorsed for the payment of 100 pound of c. to the said E. F. or to his certain Atturney his Executors or Assigns at c. upon c. as in and by the said Obligation and Condition more at large appeareth If therefore the said C. D. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid unto the said E. F. or his assigns the said sum of c. at the day and place aforesaid and also from henceforth save and keep harmlesse the above-named A. B. his heirs c. of and from the foresaid Obligation and of and from all and all manner of Costs Charges Suits and Damages whatsoever of for and concerning the said Obligation That then c. An Assignment of several Leases of divers Messuages and Lands with several recitals and good Covenants Well pend THis Indenture made c. Between I. S. of c. and I. G. of c. on the one part and R. G. of c. on the other part Whereas I. S. of c. and G. P. of c. Executors of the last Will and Testament of M. S. gent. deceased and the said I. G. by Indenture bearing date the 26. day of S. in the c. of his said Majesties Raign that now is over England c. made between the said I. S. and G. P. and I. G. on the one part and E. S. on the other part by the name of E. S. of c. Did grant assign and set over to the said E. S. and her Assignes as well an Indenture of Demise therein recited dated the day of c. made from R. E. late of c. unto I. G. late of B. in c. and I. his wife Father and Mother of the said I. G. partie to these presents of all that Messuage or Tenement and half yard land with the appurtenances then or late in the Tenure or Occupation of one E. A. or his Assignes in S. sometimes W. W. scituate and being of H. W. and P. and every or either of them in the said County of S. and of all houses Buildings Barns Stables Orchards Gardens Back-sides and grounds with the appurtenances whatsoever to or with the said Messuage or Tenement and premisses belonging with all and every other the Lands Tenements Feedings Hereditaments and profits whatsoever to the said Messuage or Tenement belonging or reputed as parcel or member of the same or any of them except therein excepted for the Term of 3000. years from the Feast of the c. then last past at the yearly Rent of 7. shillings of c. as also all the estate title interest term of years thereby granted then to come and unexpired possession claim and demand whatsoever of the said I. S. G. P. and I. G. of and to the same and every part thereof on Condition therein contained to this effect That if the said I. G. his Executors Administrators or Assigns did well and truly pay to the said E. S. her Executors or Assignes the summe of c. of lawful English money upon the last day of M. then next ensuing That then from thenceforth the said Grant and Assignment and every thing therein contained to be utterly void and of none effect as by the said Indenture more fully appeareth Which said summe of c. was not satisfied or paid to the said E. S. neither on the day in the Condition of the said Assignment mentioned nor since by reason whereof the premisses became absolutely forfeited to the said E. S. And whereas also the said I. G. by his Indenture of Assignment dated the c. of his Majesties Raign that now is did bargain assign and set over to the said E. S. and her Assignes as well one other Indenture of Lease dated the 21. day of M. in the one and fortieth year of the said late
c. Sealed and delivered in the presence of A Letter of Atturney from two Executors of a bond sued to a judgement to a Creditor of the Testator ALL men shall know by these presents that we T.D. Gent. R.M. Gent. Executors of the last Will and Testament of T. H. late of c. in the County of c. Esq deceased have made constituted ordained and in our place and steads have put and by these presents do make constitute ordain and in our place and steads do put our trusty and well-beloved in Christ M. F. widdow late the wife of T. F. late of c. Gent. deceased our true and lawful Atturney for us and in our names and steads but to her own use to ask demand receive and take of Sir H. I. late of c. in the County of c. the debt due and payable unto the said T. H. in his life-time by vertue force or reason of one obligation or writing obligatory bearing date the c. day of c. of the penal summe of two hundred pounds conditioned for the payment of one hundred seven pounds and ten shillings upon the Feast of c. then next following as in and by the said obligation and condition thereof may appeare and whereas the said T. H. obtained a judgement against the said Sir H. for two hundred pounds debt upon the said bond besides damages or costs of suit know ye further that we the said T. D. and R. M. have authorized and given power and by these presents do authorize and give power unto the said M. for and in our names but to her own use to take execution or any other processe upon or by reason of the said judgement against the said Sir H. his heires executors or administrators or any of them or against his their or any of their lands tenements goods cattels and chattels or any of them and with him them or any of them to compound or agree at her will and pleasure for the same and the benefit and profit thereof to her own use to receive and take him the said Sir H. to sue arrest implead and imprison and out of prison to set at large discharge and release at her will and pleasure and all and every other thing and things which in or about the obtaining or getting of the said debt and damages or any part or parcel thereof shall be needful or necessary to be done to execute and do in as large ample and beneficial manner and forme to all intents and purposes as we the said T. D. and R. M. may can might could should or ought to do by vertue force or reason of the said recited obligation or writing obligatory or the condition thereof or by vertue force or reason of the said judgement thereupon had In witnesse whereof we have hereunto set our hands and seals the c. day of c. Sealed and delivered in the presence of c. A Letter of Atturney of a mans estate in general in consideration of several debts and engagements TO all to whom these presents shall come I F. G. of c. in the County of c. in Ireland Merchant send greeting Whereas I am indebted unto R. G. my brother in the summe of five and fifty pounds and he and B. G. one other of my brothers stand engaged for several summes of money the proper debts of me the said F. G. and have already paid for me the summe of thirty pounds Now know ye that I the said F. G. for and towards the payment and satisfaction of the said moneys and for divers other good considerations me thereunto moving have granted assigned bargained and sold and by these presents do freely and absolutely grant assigne bargain and sell unto the said R. G. and B. G. all and all manner my goods and chattels debts moneys and all other things of mine whatsoever as well real as personal of what kind nature or quality the same are be or shall be found or otherwise wheresoever within the Nation of Ireland or teritories to have and to hold the same and every part and parcel thereof unto the said B. G. and F. G. their executors administrators and assignes for ever to the only proper use of them their executors administrators and assignes for ever In witnesse whereof I have hereunto set my hand and seal the c. day of c. Sealed and delivered in the presence of A Letter of Atturney of several summes of money due from one person KNow all men by these presents that I F. G. of c. in the County of c. Merchant for divers good valuable considerations me thereunto especially moving have made assigned constituted and ordained and by these presents do make assigne constitute and ordain W. L. of London Taylor my true and lawful Atturney in my name but to the only proper use of him the said W. L. his executors and administrators to demand and receive all such summe and summes of money as are due or owing to me from E. K. of c. in the County of c. clothier any manner of wayes howsoever and for default of payment to sue arrest attach implead condemne and imprison the said E. K. and his body goods and chattels in execution to take and out of execution to deliver either upon satisfaction composition or otherwise at the will and pleasure of my said Atturney acquittances or any other discharges in my name to seal and deliver Atturney or Atturneys one or more under him the said W. L. to make substitute and revoke and generally to do execute prosecute and determine all and every other act and acts thing and things whatsoever which in or about the premisses shall be needful or expedient as fully and effectually and in as large and ample manner to all intents and purposes as I the said F. G. might or could do personally without any accompt thereof to be yeilded to me my executors or assignes and whatsoever my said Atturney shall do or cause to be done in about or concerning the premisses I do by these presents ratifie confirme and allow the same In witnesse whereof I have hereunto set my hand and seal the c. day of c. Sealed and delivered in the presence of A short bill of debt from one to one KNow all men by these presents That I B.G. of c. Barber-Chirurgion do owe unto M. R. of c. Gent. the summe of foure and twenty pounds of lawful money of England to be paid to the said M. his executors administrators or assignes on the c. day of c. now next ensuing the date hereof to the which payment well and truly to be made at the time aforesaid I bind me my heires executors and administrators unto the said M.R. his executors and administrators in the summe of fourty pounds of lawful money of England firmely by these presents In witnesse whereof I have hereunto set my hand and seal the c. day of c. Sealed and delivered in the presence of An assignment of certain debts with a Letter of Atturney to receive them KNow all men by these presents that I F.G. of c. in the County of c. in Ireland Merchant for divers good and valuable considerations me thereunto especially moving have granted assigned and set over unto my Brothers B. G. and R. G. all such debts and summes of money bills bonds and specialties which are owing from or remain in the hands of L. T. of c. aforesaid Yeoman and all such other debts and summes of money which are due and owing to me from any person or persons inhabiting within the Nation of Ireland or elsewhere and I the said F. G. have likewise assigned constituted and ordained and by these presents do assigne constitute and ordaine the said R.G. and B. G. and either of them joyntly and severally my true and lawful Atturney and Atturneys in my name but to the only proper use of them the said R. and B.G. their executors and administrators to demand and receive the said debts and summes of money and for default of payment to sue arrest attach condemn and imprison the said debtors and their bodyes goods and chattels in execution to take and out of execution to deliver either upon satisfaction by composition or otherwise at the will and pleasure of my said atturneys acquittances or any other discharges in my name to seal and deliver atturney or atturneys one or more under them the said R. and B. G. to make substitute and revoke and to do and execute whatsoever act or thing shall be needful or expedient in or about the premisses as fully and in as large manner to all intents and purposes as I the said F. G. might or could do personally without any accompt thereof to be yeilded to me my executors or assignes and whatsoever my said Atturneys shall do or cause to be done in about or concerning the premisses I do by these presents ratifie confirme and allow the same In witnesse whereof I have hereunto set my hand and seal the c. day of c. Sealed and delivered in the presence of A Grant of the next donation of Benefice TO all to whom this present writing shall come I A. B. of C. in the County of D. Gent. send greeting Know ye that I the said A. B. the undoubted Patron of the Parish Church of E. in the County of F. for good considerations me thereunto moving have given and granted and by these presents do give and grant unto G. F. of I. in the County of K. Gent. the first and next advowson nomination donation collation presentation and free disposition of the aforesaid Rectory of E. in the said County of F. with all its rights members and appurtenances whatsoever when it shall be void either by death or resignation or otherwise In witnesse whereof c. FINIS