either of their heirs, executors or adminiftrators, do and fhall, during the natural life of the faid E. F. well and truly pay, or cause to be paid, unto the faid E. F. or his affigns, one annuity or yearly fum of of, &c. at or upon, &c. in every year, by even and equal portions, without any deduction, defalcation or abatement, for or in any respect whatsoever; the first payment thereof to be made, &c. and if the faid A. B. and C. D. or either of them, their or either of their heirs, executors or adminiftrators, do and shall, on demand, well and truly pay or caufe to be paid, unto the executors, administrators or affigns of the faid E. F. in cafe he shall happen to die on any day upon which a portion of the faid annuity, or yearly fum of

would be payable, the whole quarterly payment or portion thereof; or if the faid E. F. fhould die on any other day, then a propor tion of the faid annuity or yearly fum of

according to the time that the faid E. F. fhall have lived of the last quarter; then the abovewritten obligation fhall be void. But if default be made in payment of the faid annuity or yearly fum of or of any part

thereof, on the faid days appointed for payment thereof, or in payment of fuch proportionable part thereof, as aforefaid, on demand, then the faid obligation fhall be and remain in full force and virtue.

*For fecuring an annuity to commence in futuro.

THE

HE condition of the above-written obligation is fuch, that in cafe the abovebounden C. B. or her affigns, by virtue of

and under an indenture tripartite, bearing date, &c. and made or expreffed to be made between, &c. and three feveral fines levied in pursuance of the faid indenture, in or as of term, and

term, term, or any of them, or otherwise howfoever, fhall become intitled to the immediate freehold of and in all &c. or any of them. That then, if the faid C. B. do and fhall well and truly pay, or caufe to be paid, unto the faid K. F. his executors, adminiftrators or affigns, for and during the refidue which shall be to come of her natural life, one clear annuity or yearly sum of by four quar. terly payments on the four most usual feasts or days of payment in the year; (that is to fay) the day of&c. in every year, without any deduction, defalcation or abatement, for or in any refpect whatsoever; the first payment thereof to begin and be made on fuch of the faid feafts or days of payment as shall first and next happen after the said C. B. or her affigns, fhall become intitled as aforefaid; then the above-written obligation to be void; but if default shall be made in any of the payments aforefaid, as the fame fhall grow due, then the faid obligation fhall be and remain in full force and virtue.

A

of CONFIRMATIONS.

Deed of Confirmation is an approbation of and afsent to an estate already created; by which the confirmer ftrengthens and gives validity to it as far as it is in See Co. Lit. 295. ' n. (1) 296

his power.

n. (2).

b

But it is to be obferved, that it has this effect only in refpect of estates that are merely voidable, but it has none upon fuch as are abfolutely void.

It is fometimes also used to enlarge the grantee's eftate, but, as in this cafe, words must be used which are foreign to a deed of confirmation, it becomes in ftrictnefs no longer fuch, but a deed of RELEASE; under which title this fpecies of confirmation will be inferted.

The proper words of a confirmation, as given by Littleton, are "give, grant, ratify,

approve and confirm." Lit. J. 515.531. But any other words carrying the fame import will be equally efficacious; and the word demife has been held to effect a cònfirmation, when fuch was evidently the intent of the parties. Dyer 178.

See more relating to this fpecies of deed, Noy Max. 96. Lit. Conv. 43. Wood Inft. 269. Gilb. Ten. 75. Shep. Touch. c. 18. 2 Black. Com. 325. 2 Pow. Wood. 245.

*Conveyance by an heir at law to a devifee in his father's will, whereby he bargains and fells the fubjects of the devife, and confirms the will in order to fuperfede the neceffity of proving it per teftes.

THIS
HIS Indenture made, &c. Between A. P.

of, c. the eldeft fon and heir at law of A. P. late of, &c. of the one part, and C. D. of, &c. devifee in truft, named in the laft will and teftament of the faid A. P. deceased,

willwhere

by premifes were

devifed to

be fold.

teftator.

Recital of of the other part. Whereas the faid A. P. deceafed, by his last will and teftament in writing, bearing date, &c. gave and devised fundry meffuages, lands and hereditaments, of which he, or fome perfon or perfons to his ufe, or in truft for him, was or were feized for an eftate of freehold or inheritance, at the time of his deceafe, fituate, &c. in the faid will mentioned, unto the faid C. D. his heirs and affigns, in truft to fell, difpofe of, and convert into money, the said eftates, and to divide and pay the clear profits thereof, in fuch manner as in his will is more particularly mentioned; and of his faid will did appoint the faid C. D. fole executor, as Death of in and by, &c. And whereas the faid teftator departed this life on or about, &c. and foon after his decease, the said C. D. duly proved the faid will in the prerogative Court of the Archbishop of Canterbury. And whereas the faid A. P. party hereto, being fatisfied that the faid A. P. his father was, at the time of making and publishing his faid will, of found and difpofing mind, memory and understanding, and that the fame was duly figned, fealed, published and declared by him to be his laft will and teftament, in the presence of and attested by three witnesses as the law directs; and being alfo defirous to perform the faid will, without the charge and expence of proving the fame in the Court of Chancery, by examining of witneffes, to perpetuate the teftimony thereof; and that the faid will fhould in all things be ratified, confirmed and eftablished, made good and effectual, according to the purport, true intent and meaning thereof: And to prevent all other fuits in law or equity, and all questions, controverfies and

That heir at law is

fatisfied of teftor's fanity.