wholly cease and be void, and the said (lessors) their heirs and assigns, shall or lawfully may, immediately upon or at any time after such breach, non-observance, or non-performance, enter into and upon the said hereby demised premises, or any part thereof, in the name of the whole, and repossess, retain, and enjoy the same, as of his and their former estate, any thing herein contained to the contrary thereof in any wise notwithstanding, IN WITNESS, &c.

VOL. IV.

NN

LEASES.

By Executors, &c.

No. XXXIII.

Lease by Executors or Administrators in Pursuance of an Agreement entered into by their Testator or Intestate (1).

Variations where a Legatee or other person beneficially
interested in the Premises joins.

Where the Lease is by an Heir in Pursuance of an
Agreement by his Ancestor.

Other Variations as below (2).

ment.

THIS INDENTURE made the

day of

Executors, &c. (1) Executors or administrators who have estates for years to perform their vested in them in right of their testator or intestate, will be testators' agreecompellable to carry into execution any agreement entered into respecting them by their testator, &c. and for want of any such agreement, may demise, or otherwise dispose of them at their own discretion.

Underlease.

Furnished house.

Public house.

Mill.

Unfinished house.

Building lease.
Country house.
Copyhold.

Farm.

Tithes.

Mines.

(2) This being an underlease, see also notes, &c. to No. X. ante, p. 114, et seq.

If the lease be of a furnished house, see ante, No. XI.
If of a public house or tavern, No. XII.

If of a mill, ante, No. XIII.

If of an unfinished house, see ante, No. XIV.

If it be a building lease, see ante, No. XV.

If of a country house, ante, No. XVI.

If the premises be copyhold, ante, No. XVII.
If of a farm, No. XVIII.

If of a prebend or tithes, ante, No. XIX.
If of mines or the like, ante, No. XX.

and appointed in and by the last will and testa- Parties.

ment of

late of, &c. deceased) (1) of the

day of

of

Recital of

agreement for a

last lease.

one part, and (the lessee) of, &c.
the other part (2). WHEREAS, by articles of agree-
ment, bearing date the
past, and expressed to be made between the said
(testator) deceased, of the one part, and the said
(lessee) of the other part, the said (testator) cove-
nanted and agreed to execute unto the said (lessee)
his executors, administrators, or assigns, on or
before the
then next ensuing,
a valid demise or lease of the messuage, &c. herein-
after described for the term of

day of

years, from Michaelmas day, then and now last, at the clear yearly rent of £.

and subject to the cove

nants, provisos, and agreements hereinafter con

tained. AND WHEREAS the said (testator) departed Death of tes

this life, on or about the

day of

last past,

having previously made and published his last will

and testament in writing, bearing date the

tator.

day of

(1) If the lease be granted by the heir at law or co-heiresses Heir.

of the ancestor, say,

"Heir or co-heiresses at law of

deceased."

And his will, if any, need not be recited.

late of, &c.

(2) If the premises be specifically bequeathed and the legatee Legatee party. be party, but which is not essential, make him so of the second

part.

&c.

LEASES. gave and bequeathed all and singular the mesBy Executors, suages, lands, tenements, and hereditaments of what nature or kind soever, and wheresoever situated, which he should be possessed of or entitled to, or over which he should have a disposing power at the time of his decease, unto the said (lessors) their executors, administrators, and assigns, upon certain trusts therein particularly expressed, (or as the case may be) and appointed them the said (lessors) executors of his said will (1). Probate of will. AND WHEREAS the said (testator) departed this life without altering or revoking his said will, and the same was soon after his decease duly proved by the said (lessors) in the Prerogative Court of the Archbishop of Canterbury. AND WHEREAS, &c. (2). AND WHEREAS the said (lessee) has requested the said (executors) to execute a lease to him of the said premises in pursuance of, and upon the terms and conditions expressed in the said in part recited consideration of articles of agreement (3). Now THis Indenture WITNESSETH, that in pursuance and execution of the hereinbefore in part recited articles of agree

WITNESS, in

rent, &c.

Legatee.

Legatee.

(1) If there be a specific legatee of the premises subject to the trusts of the will or entitled to the money to arise by sale or the like, recite these circumstances.

(2) Here may be recited the lease under which the testator held, as ante, p. 115.

(3) If the legatee or person beneficially interested in the premises be party, recite,

"And whereas the said (legatee, &c.) at the request and for the greater satisfaction of the said (lessee) hath agreed to join in the said lease in the manner hereinafter expressed."

LEASES.

By Executors,

&c.

ment and in consideration of the yearly rent hereinafter reserved, and of the covenants and agreements hereinafter contained on the part of the said (lessee) his executors, administrators, and assigns, to be paid and performed respectively (1); THEY the said (lessors) (2) as such executors of Lessors demise. the last will and testament of (the testator) deceased as aforesaid, and by virtue of the authority vested in them, and of all or any other powers or authorities in any wise enabling them thereunto, HAVE and each of them HATH demised and leased, and by these presents Do and each of them DoTH demise and lease, unto the said (lessee) his executors, administrators, and assigns, [such

(1) If a consideration be paid for the lease, see ante, p. 116. Consideration. (2) Or (if so)" such heir at law of the said ancestor deceased." Heir at law or If a legatee or other person beneficially interested in the mises join, add,

pre

"With and by the privity, consent, and approbation of the said (legatee, &c.) testified by his being a party to and signing and sealing these presents."

And if the lease be granted by a specific legatee say,

"He the said (legatee) and at the request and by the direction of the said (executors) and each of them testified by their respectively being parties to, and signing and sealing these presents, HATH granted, demised, and leased, and by these presents, DоTH grant, demise, and lease and they the said (executors) and each of them HAVE and HATH, &c. and by these presents Do and DoTH ratify and confirm unto the said (lessee) his executors, administrators, assigns," &c. as above.

The assent of the executors being required, notwithstanding a specific devise of the premises to another, because the chattel interests of the testator vest in them, by operation of law for the payment of debts.

legatee.

Lease by le gatee,