Parcels. day of in the year for a term of date the twenty-one years from the day of the date of the same indenture, and by force of an entry made by the said [relessee], pursuant to the same indenture), [or, in his actual possession now being, by virtue of a bargain and sale made to him by the said [relessor], by indenture dated the day next before the day of the date of these presents, for one year computed from the day next before the day of the date of the said indenture, and by force of the statute made for transferring uses into possession,] All &c. [parcels], Together with all the rights, members, and appurtenances thereunto belonging, or usually held or enAll estate, &c. joyed therewith; And all the estate, interest, right, title, claim, and demand of the said [relessor], in, to, or upon the said hereAll deeds, &c. ditaments and premises or any part thereof; And all deeds and writings relating to the title of the said [relessor] to the said hereditaments and premises, or any part thereof, either alone or together with any other hereditaments of less value now in his custody, or which he can procure without suit: To HAVE AND TO HOLD the said hereditaments and premises hereby released, or intended so to be, with their appurtenances, unto the -to relessee in said [relessee] and his heirs, To the use (31) of the said [relessee], his heirs and assigns. And the said [relessor], for himself, his heirs, executors, and administrators, hereby covenants with the said [relessee], his heirs and assigns, that, notwithstanding any act, matter, or thing done or permitted by the said [relessor] or his ancestors or devisors (32), or any of them, to the contrary, (except as hereinafter is mentioned), the said [relessor] is now absolutely seised of the inheritance in fee-simple in possession in the said hereditaments and premises hereby released, or intended so to be, with their appurte HABENDUM, fee. Covenants -for seisin ; Effect of limiting the use to the relessee; -to a stranger. Scope of a ven- (31) It is not necessary to limit the use to the purchaser. The nature of the transaction rebuts the resulting use. The effect of limiting the use to the relessee is merely negative; he is still in at the common law. But, if the use were limited to a stranger, it would then have the positive effect of transferring the possession by force of the statute. Vide ante, Illustrations, II. (32) The vendor is supposed to have derived the estate under wills and descents. In such cases the purchaser is entitled to covenants extending to the acts of the persons from or through whom the title is so derived; but a particular allusion in the covenants to the devisors or ancestors is better avoided, when they would not otherwise appear upon the deed; for a large proportion of the requisitions and objections made upon sales results from indiscreet references to the prior title. nances; And also, that, notwithstanding any such act, matter, for right to or thing as aforesaid, (except as aforesaid), the said [relessor] convey; has good right, by these presents, to release or otherwise assure the said hereditaments and premises unto and to the use of the for freedom from incum brances; incumbrances; said [relessee] and his heirs, in manner aforesaid; And also for quiet enthat it shall be lawful for the said [relessee], his heirs and as- joyment; signs, at all times hereafter, peaceably and quietly to hold and enjoy, and to take the rents and profits of the said hereditaments and premises, without any eviction, interruption, or denial from or by the said [relessor], or any person or persons rightfully claiming through or in trust for him, or through his ancestors or devisors, or any of them, (except the respective persons whose estates and interests are hereinafter excepted, in respect only of the same estates or interests), Free and clear, or by the said [relessor], his heirs, executors, or administrators, kept indemnified against all former or other estates, rights, titles, charges, and incumbrances created or occasioned by the said [relessor], or his ancestors or devisors, or any of them, or any person or persons claiming through or in trust for him, or through them or any of them, or by his, their, or any of their act, default, privity, or procurement, (except the said indenture exception of of demise, or except a lease of the said close hereinbefore mentioned to be called , granted by [lessor], deceased, the father of the said [relessor], by indenture, dated the of, in the year, to [lessee], his executors, administrators, and assigns, for a term of twenty-one years from Lady-day then last past, at the yearly rent of £; And except &c. [other incumbrances]); And further, that the said [relessor], —for further and every person rightfully claiming through or in trust for assurance. him, or through his ancestors or devisors, or any of them, (except the respective persons whose estates or interests are hereinbefore excepted in respect only of such estates or interests), will, at the request and costs of the said [relessee], his heirs or assigns, make, do, and execute such conveyances and assurances, by deed or by matter of record or otherwise, for more effectually assuring the said hereditaments and premises, or any part thereof, to the use and in manner aforesaid, or to any other uses or in any other manner, as by the said [relessee], his heirs or assigns, or his or their counsel in the law, shall be reasonably advised and required, and as shall be tendered to be made, done, or executed. IN WITNESS &c. day SURRENDER. Parties. -of lease for life. TESTATUM. No. 7. SURRENDER by a Tenant for Life to the Reversioner in Fee. THIS INDENTURE, made the day of in the year day of, in the year, BETWEEN [surrenderor], of &c., of the one part, and [surrenderee], of &c., of the other part. WHEREAS, by an indenture of feoffment, duly perfected by livery of seisin, bearing date the and made between the said [surrenderee], of the one part, and the said [surrenderor], of the other part, the said [surrenderee] leased unto the said [surrenderor] the hereditaments hereinafter described, with their appurtenances, To hold unto the said [surrenderor] and his assigns for the term of his natural life. Now THIS INDENTURE WITNESSETH, that, in consideration of the sum of £ paid to the said [surrenderor], by the said [surrenderee], on the execution of these presents, the receipt whereof, as in full for the purchase of the estate for life of the said [surrenderor] in the hereditaments hereinafter described, he hereby acknowledges, The said [surrenderor] Hath surrendered and yielded up, and by these presents Doth surrender and yield up unto the said [surrenderee], All [parcels], Together with all the rights, members, and appurtenances thereunto belonging or All estate, &c. appertaining; And all the estate, right, title, possession, claim, and demand of the said [surrenderor], in, to, out of, or upon the said hereditaments and premises, with their appurtenances, TO THE INTENT (33) that the estate for life of the said [surrenderor] in the said hereditaments and premises may merge in Operative words. Parcels. Intent of surrender. Words of limitation, and habendum clause, informal in a surrender. (33) As a surrender destroys the estate upon which it operates, words of limitation, and consequently an habendum, would be out of place. So in a release, operating by way of extinguishment and not of enlargement, the habendum clause is properly omitted, and a clause declaratory of the intent of the instrument may be substituted. surrenderor, not incum assurance. the immediate reversion in fee-simple now vested in the said [surrenderee], and be thereby extinguished. And the said Covenants by [surrenderor], for himself, his heirs, executors, and administrators, hereby covenants with the said [surrenderee], his heirs and that he has assigns, that the said [surrenderor] has not, at any time or bered; times heretofore, done or permitted any act, matter, or thing, by which or by means of which the said hereditaments and premises hereby surrendered, or intended so to be, or any part thereof, with their appurtenances, are, is, shall, or may be aliened, incumbered, or prejudicially affected; And also that for further the said [surrenderor], and every person rightfully claiming or to claim any estate, right, title, or interest at law or in equity, through, under, or in trust for him, will, at any time or times, at the request and at the costs of the said [surrenderee], his heirs or assigns, do and execute every such act, deed, surrender, or assurance, for more effectually surrendering, confirming, or otherwise assuring the said estate for life in the said hereditaments and premises unto the said [surrenderee], his heirs or assigns, or according to his or their direction, as by the said [surrenderee], his heirs or assigns, or his or their counsel in the law, shall be reasonably advised or required, and as shall be tendered to be done or executed. IN WITNESS &c. No. 8. SURRENDER by a Termor for Years to a Reversioner THIS INDENTURE, made the day of, in the RECITALS year of our Lord, BETWEEN [surrenderor], of &c., of the Parties. -of contract for sale of the fee; -of conveyance to the purchaser to the dower; [parcels], (of which hereditaments and premises the said [late owner] was then seised in fee-simple), with their appurtenances, To hold unto the said [surrenderor], his executors, administrators, and assigns, for the term of 500 years, to be computed from the day of the date of the said indenture, subject to a proviso for redemption, on payment by the said [late owner], his heirs, executors, administrators, or assigns, unto the said [surrenderor], his executors, administrators, or assigns, of the sum of £- with interest for the same after the rate of £5 per cent. per annum, on the day of then next, but in which payment default was made. AND WHEREAS the said [late owner] lately contracted with the said [surrenderee] for the sale to him of the said messuage, lands, hereditaments, and premises free from incumbrances, at the price of £. AND WHEREAS, in pursuance of the said contract, by indentures of uses to prevent lease and release, the indenture of lease dated the day next before the day of the date of these presents, and the indenture of release of even date with and executed immediately before the execution of these presents, and made between the said [late owner], of the first part, the said [surrenderee], of the second part, and [trustee to prevent dower], of the third part, the said messuage, lands, hereditaments, and premises, have, in consideration of the sum of £, paid by the said [surrenderee] to the said [late owner], been assured and limited by the said [late owner], To such uses as the said [surrenderee] shall by deed appoint, and in default of appointment, To the use of the said [surrenderee] and his assigns during his life, without impeachment of waste, with remainder, To the use of the said [trustee], his executors and administrators, during the life of the said [surrenderee], In trust for the said [surrenderee] and his assigns, with remainder to the use of the said [surrenderee], his heirs and assigns. AND WHEREAS the said sum of £still due to the said [surrenderor] upon the security of the said recited indenture of demise and mortgage, but all interest for the same has been paid to him by the said [late owner], up to the day of the date of these presents, as the said [surrenderor] -of agreement hereby acknowledges. AND WHEREAS, upon treaty for the said be surrendered. purchase, it was agreed that the said sum of £— should be paid off out of the said purchase-money, and that the said term of 500 years should be thereupon surrendered. Now THIS INDENTURE WITNESSETH, that, in consideration of the sum of -that the mortgage debt is due, but interest paid up; that term shall TESTATUM. Consideration. - is |