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CONVEYANCING ACT 1881 - SECT 73

Death of bare trustee intestate, &c.

73.(1) Section five of the Vendor and Purchaser Act, 1874, is hereby repealed
from and after the commencement of this Act, as regards cases of death
thereafter happening; ...

(2) This section extends to Ireland only.

First and Second Schedules rep. by SLR 1894

Section 26.

THIS INDENTURE made by way of statutory mortgage the day of 1882 between A. of
[&c.] of the one part and M. of [&c.] of the other part WITNESSETH that in
consideration of the sum of # now paid to A. by M. of which sum A. hereby
acknowledges the receipt A. as mortgagor and as beneficial owner hereby
conveys to M. All that [&c.] To hold to and to the use of M. in fee simple for
securing payment on the day of 1883 of the principal sum of # as the mortgage
money with interest thereon at the rate of [four] per centum per annum.

In witness &c.

Section 27.

THIS INDENTURE made by way of statutory transfer of mortgage the day of 1883
between M. of [&c.] of the one part and T. of [&c.] of the other part
supplemental to an indenture made by way of statutory mortgage dated the day
of 1882 and made between [&c.] WITNESSETH that in consideration of the sum of
# now paid to M. by T. being the aggregate amount of # mortgage money and #
interest due in respect of the said mortgage of which sum M. hereby
acknowledges the receipt M. as mortgagee hereby conveys and transfers to T.
the benefit of the said mortgage.

In witness &c.

THIS INDENTURE made by way of statutory transfer of mortgage the day of 1883
between A. of [&c.] of the first part B. of [&c.] the second part and C. of
[&c.] of the third part supplemental to an indenture made by way of statutory
mortgage dated the day of 1882 and made between [&c.] WITNESSETH that in
consideration of the sum of # now paid to A. by C. being the mortgage money
due in respect of the said mortgage no interest being now due and payable
thereon of which sum A. hereby acknowledges the receipt A. as mortgagee with
the concurrence of B. who joins herein as covenantor hereby conveys and
transfers to C. the benefit of the said mortgage.

In witness &c.

THIS INDENTURE made by way of statutory transfer of mortgage and statutory
mortgage the day of 1883 between A. of [&c.] of the 1st part B. of [&c.] of
the 2nd part and C. of [&c.] of the 3rd part supplemental to an indenture made
by way of statutory mortgage dated the day of 1882 and made between [&c.]
WHEREAS the principal sum of # only remains due in respect of the said
mortgage as the mortgage money and no interest is now due and payable thereon
AND WHEREAS B. is seised in fee simple of the land comprised in the said
mortgage subject to that mortgage. NOW THIS INDENTURE WITNESSETH that in
consideration of the sum of # now paid to A. by C. of which sum A. hereby
acknowledges the receipt and B. hereby acknowledges the payment and receipt as
aforesaid A. as mortgagee hereby conveys and transfers to C. the benefit of
the said mortgage AND THIS INDENTURE ALSO WITNESSETH that for the same
consideration A. as mortgagee and according to his estate and by direction of
B. hereby conveys and B. as beneficial owner hereby conveys and confirms to C.
All that [&c.] To hold to and to the use of C. in fee simple for securing
payment on the day of 1882 of the sum of # as the mortgage money with interest
thereon at the rate of [four] per centum per annum.

In witness &c.

[Or, in case of further advance, after aforesaid at insert and also in
consideration of the further sum of # now paid by C. to B. of which sum B.
hereby acknowledges the receipt, and after of at insert the sums of # and #
making together]

THIS INDENTURE made by way of statutory re-conveyance of mortgage the day of
1884 between C. of [&c.] of the one part and B. of [&c.] of the other part
supplemental to an indenture made by way of statutory transfer of mortgage
dated the day of 1883 and made between [&c.] WITNESSETH that in consideration
of all principal money and interest due under that indenture having been paid
of which principal and interest C. hereby acknowledges the receipt C. as
mortgagee hereby conveys to B. all the lands and hereditaments now vested in
C. under the said indenture To hold to and to the use of B. in fee simple
discharged from all principal money and interest secured by and from all
claims and demands under the said indenture.

In witness &c.

THIS INDENTURE OF MORTGAGE made the day of 1882 between A. of [&c.] of the one
part and B. of [&c.] and C. of [&c.] the other part WITNESSETH that in
consideration of the sum of # paid to A. by B. and C. out of money belonging
to them on a joint account of which sum A. hereby acknowledges the receipt A.
hereby covenants with B. and C. to pay to them on the day of 1882 the sum of #
with interest thereon in the meantime at the rate of [four] per centum per
annum and also as long after that day as any principal money remains due under
this mortgage to pay to B. and C. interest thereon at the same rate by equal
half-yearly payments on the day of and the day of AND THIS INDENTURE ALSO
WITNESSETH that for the same consideration A. as beneficial owner hereby
conveys to B. and C. All that [&c.] To hold to and to the use of B. and C. in
fee simple subject to the proviso for redemption following (namely) that if A.
or any person claiming under him shall on the day of 1882 pay to B. and C. the
sum of # and interest thereon at the rate aforesaid then B. and C. or the
persons claiming under them will at the request and cost of A. or the persons
claiming under him re-convey the premises to A. or the persons claiming under
him AND A. hereby covenants with B. as follows [here add covenant as to fire
insurance or other special covenant required].

In witness, &c.

THIS INDENTURE made the day of 18 between [the same parties as the foregoing
mortgage] and supplemental to an indenture of mortgage dated the day of 18 and
made between the same parties for securing the sum of # and interest at [four]
per centum per annum on property at [&c.] WITNESSETH that in consideration of
the further sum of # paid to A. by B. and C. out of money belonging to them on
a joint account [add receipt and covenant as in the foregoing mortgage] and
further that all the property comprised in the before-mentioned indenture of
mortgage shall stand charged with the payment to B. and C. of the sum of # and
the interest thereon herein-before covenanted to be paid as well as the sum of
# and interest secured by the same indenture.

In witness, &c.

THIS INDENTURE made the day of 1883 between A. of [&c.] of the 1st part B. of
[&c.] and C. of [&c.] of the 2nd part and M. of [&c.] of the 3rd part WHEREAS
by an indenture dated [&c.] and made between [&c.] the lands herein-after
mentioned were conveyed by A. to B. and C. in fee simple by way of mortgage
for securing # and interest and by a supplemental indenture dated [&c.] and
made between the same parties those lands were charged by A. with the payment
to B. and C. of the further sum of # and interest thereon AND WHEREAS a
principal sum of # remains due under the two before-mentioned indentures but
all interest thereon has been paid as B. and C. hereby acknowledge NOW THIS
INDENTURE WITNESSETH that in consideration of the sum of # paid by the
direction of A. to B. and C. and of the sum of # paid to A. those two sums
making together the total sum of # paid by M. for the purchase of the fee
simple of the lands herein-after mentioned of which sum of # B. and C. hereby
acknowledge the receipt and of which total sum of # A. hereby acknowledges the
payment and receipt in manner before mentioned B. and C. as mortgagees and by
the direction of A. as beneficial owner hereby convey and A. as beneficial
owner hereby conveys and confirms to M. All that [&c.] To hold to and to the
use of M. in fee simple discharged from all money secured by and from all
claims under the before-mentioned indentures [Add, if required, And A. hereby
acknowledges the right of M. to production of the documents of title mentioned
in the Schedule hereto and to delivery of copies thereof and hereby undertakes
for the safe custody thereof].

In witness, &c.

[The Schedule above refered to.

To contain list of documents retained by A.]

THIS INDENTURE made the day of 1882 between John M. of [&c.] of the 1st part
and Jane S. of [&c.] of the 2nd part and X. of [&c.] and Y. of [&c.] of the
3rd part WITNESSETH that in consideration of the intended marriage between
John M. and Jane S. John M. as settlor hereby conveys to X. and Y. All that
[&c.] To hold to X. and Y. in fee simple to the use of John M. in fee simple
until the marriage and after the marriage to the use of John M. during his
life without impeachment of waste with remainder after his death to the use
that Jane S. if she survives him may receive during the rest of her life a
yearly jointure rentcharge of # to commence from his death and to be paid by
equal half-yearly payments the first thereof to be made at the end of six
calendar months from his death if she is then living or if not a proportional
part to be paid at her death and subject to the before-mentioned rentcharge to
the use of X. and Y. for a term of five hundred years without impeachment of
waste on the trusts herein-after declared and subject thereto to the use of
the first and other sons of John M. and Jane S. successively according to
seniority in tail male with remainder [insert here, if thought desirable, to
the use of the same first and other sons successively according to seniority
in tail with remainder] to the use of all the daughters of John M. and Jane S.
in equal shares as tenants in common in tail with cross remainders between
them in tail with remainder to the use of John M. in fee simple. [Insert
trusts of term of 500 years for raising portions; also, if required, power to
charge jointure and portions on a future marriage; also powers of sale,
exchange, and partition, and other powers and provisions, if and as desired.]

In witness, &c.





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