heirs, All [describe subject matter of disposition, release, surrender, or extinguishment, with appropriate general words, as the case may require.] To have and to hold the said [subject of disposition, &c.], and all other the premises intended to be hereby [grunted, &c. as the case may be], or otherwise assured unto the said [grantee], his heirs and assigns, To the use and behoof of the said [grantee], his heirs and assigns for ever. [If the instrument is to operate as a surrender, omit the habendum, and insert in lieu thereof the usual words to the intent and purpose that the interest surrendered may be extinguished.]

[Insert any covenants that may be required.] IN WITNESS, &c.

No. 3.

Form of Surrender out of Court under 3 & 4 W. 4, c. 74,
s. 50, by a Tenant in Tail in Remainder of the legal
Estate, with the Consent of the Tenant for Life, the
Protector under the above Statute, in order to acquire

life] was admitted tenant of the said hereditaments for the term of his life: Now Be it remembered, that on the

day

of-
the said [tenant in tail] came before [steward]
steward of the said manor, and for the purpose of barring and
extinguishing the estate tail to which the said [tenant in tail]
became entitled as aforesaid, of and in the hereditaments here-
inafter described, and all other estates tail and all estates, rights,
and interests to take effect after the determination, or in defea-
zance of the same estates tail, and in order to vest the said

hereditaments in the said [tenant in tail], and his heirs, absolutely in remainder after the decease of the said [tenant for life], and with the consent of the said [tenant for life], (testified by his signing this memorandum of surrender), and in compliance with the provisions in that behalf contained in an act of parliament made and passed in the third and fourth years of the reign of his late Majesty, King William the Fourth, intituled, "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," did out of court surrender into the hands of the lord of the said manor, by the rod, by the hands and acceptance of the said steward, according to the custom of the said manor, All [describe parcels], with the appurtenances to the said premises belonging, And the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, And all the estate, right, title, interest, trust, property, claim, and demand whatsoever of the said [tenant in tail], in, to, or out of the said premises, To the use and behoof of the said [surrenderee], his heirs and assigns for ever in remainder expectant, and to take effect in possession on the decease of the said [tenant for life], at the will of the lord, according to the custom of the said manor.

The above Form may be readily adapted to the case of an equitable tenant in tail, or to a surrender by a tenant in tail in possession of the legal or equitable estate, or to a surrender by a tenant in tail in remainder of the legal or equitable estate, without the consent of the tenant for life, or person having such an estate prior to the estate tail as constitutes him a protector, in which latter case a base fee only would be acquired.

No. 4.

Form of Deed of Disposition by a Tenant in Tail of the equitable Estate under 3 & 4 W. 4, c. 74, s. 50, the Assurance being by Lease and Release.

This Indenture, made, &c., Between [equitable tenant in tail] of the one part, and [releasee] of the other part. Whereas, [shortly recite the creation of the equitable estate tail]. And Whereas the said [tenant in tail] is desirous of acquiring the equitable estate of inheritance in fee simple, according to the custom of the manor of aforesaid, in the said customary or copyhold and hereditaments hereinafter described, Now this Indenture Witnesseth, that for the purpose of barring and extinguishing the equitable estate tail of and in the said customary or copyhold and hereditaments to which the said [tenant in tail] is so entitled as aforesaid, and all other equitable estates tail, and all estates, rights and interests, to take effect after the determination, or in defeazance of the same estates tail, and in order to limit and assure the equitable fee simple and inheritance in the said hereditaments to the use hereinafter mentioned, and in consideration, [&c., a nominal consideration paid by releasee], He, the said [tenant in tail], Doth, by these presents, grant, bargain, sell, and release, unto the said [releasee] (in his possession now being,) [&c., recite lease or bargain and sale for a year], and to his heirs, All, [&c. insert an appropriate description of the parcels.] And all the estate, [&c.] of the said [tenant in tail], in, to, or out of the same hereditaments and premises. To have and to hold the said customary or copyhold hereditaments, and all other the premises intended to be hereby released or otherwise assured, (freed and absolutely discharged of and from the estates tail of the said [tenant in tail] in the same hereditaments and premises, and all other estates tail, and all estates, rights, and interests, to take effect after the determination, or in defeazance of the same estates tail,) unto the said [releasee], and his heirs, To the use of the said [tenant in tail] his heirs and assigns for ever, and to and

for no other use, intent, or purpose whatsoever. In Witness, &c.

Such a disposition as the foregoing may also be made by bargain and sale under the Statute of Uses: and if the equitable estate tail be a remainder, the disposition may also be made by grant.

If the disposition is made directly to a purchaser, the above form can be readily adapted to such a case, covenants for title being introduced on the part of the tenant in tail.

No. 5.

Form of Deed giving the Protector's Consent to the Disposition of Copyhold Lands under the 51st section of 3 & 4 W. 4, c. 74, to be entered on the Court Rolls, but not requiring Inrolment in Chancery.

To all persons to whom these presents shall come, I [protector] send greeting. Whereas [shortly recite the surrender or will so as to show the creation of the estate conferring the protectorship, and of the entail, and, state the admission to the property.] And Whereas the said [tenant in tail] being desirous of acquiring the absolute estate of inheritance in fee simple in remainder, according to the custom of the manor of aforesaid, expectant and to take effect in possession on the determination of [&c. mention the duration of the protector's estate], of and in the said customary or copyhold hereditaments and premises, lately applied to and requested me, the said [protector], to give my consent to the acquisition of such absolute estate in compliance with the directions in that behalf contained in an Act of Parliament passed in the third and fourth years of the reign of his late Majesty, King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple

Modes of Assurance," Now know ye, that I, the said [protector],
as such protector, under the provisions of the aforesaid Act, of the
said [surrender or will], Do by this deed give and signify my
consent, that the said [tenant in tail] shall and may, by such
surrender or surrenders, acts, deeds, and assurances in the law,
as by the said [tenant in tail] or his counsel shall in that behalf
be deemed necessary, surrender, convey, and assure the aforesaid
customary or copyhold hereditaments and premises, subject and
without prejudice to the estate of me the said [protector] therein,
To the use of him, the said [tenant in tail], his heirs and assigns
aforesaid,
for ever, according to the custom of the manor of
or to such uses, upon such trusts, and for such intents and pur-
poses, as in and by such surrender or surrenders, deeds, and
assurances as aforesaid, shall be expressed and declared of and
concerning the same hereditaments and premises. In Witness
whereof, I, the said [protector], have hereunto set my hand and
seal, &c.

No. 6.

Form of Surrender out of Court under the 3 & 4 W. 4,
c. 74, s. 50, by a married Woman entitled to an Estate
tail, with the Concurrence of her Husband, in order
to acquire the customary Fee.

The Manor of

in the County of·

of

Whereas [shortly recite the creation of
I the estate tail by surrender or will.] And

Whereas at a court holden for the said manor on the

day

the said [wife] was admitted tenant of the said
and hereditaments hereinafter

customary or copyhold

described according to the form and effect of the said [surren

der or will.] And Whereas in or about the month of

1

the said [wife] intermarried with [husband] of

: Now

the said

Be it remembered, that on the day of
[husband] and his wife came before [steward], steward

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