« AnteriorContinuar »
sions, remainder and remainders, yearly and other rents, issues, and profits, of the same premises, with the appurtenances. To have and to hold the said, &c., Habendum. hereby bargained and sold, or intended so to be, with their appurtenances, unto the said C. D., his executors, administrators, and assigns, from the day next before the day of the date of these presents, for and during, and unto the full end and term of one whole year from thence next ensuing, and fully to be complete and ended ; syielding and payings therefore Reservation. unto the said A. B., his heirs and assigns, the rent of one peppercorn on the last day of the said term, (if the same shall be lawfully demanded,)] to the intent' and purpose that, by virtue of these presents, and by force of the statute made for transferring uses into possession, he, the said C. D., 'may be in the actual possession of the said hereditaments and premises hereinbefore mentioned, and intended to be bereby bargained and sold, and every part and parcel thereof, with the appurtenances, and may thereby be enabled to accept and take a grant and release of the same, and of the reversion" and inheritance thereof
* If the conveyance should be a life-estate, add, “if the said A. B. (or cestui que vie) shall so long live.”
- This reservation may be omitted, (if a money-consideration be inserted, as this instrument is not properly a lease, but a bargain and sale raising a use, (by means of the consideration-money of 5s.,) which the statute of 27th Hen. VIII. transfers into possession; thereby enabling the bargainee to accept a release of the reversion.
+ If the bargain and sale be of a reversion or remainder, say, “ to the intent that, by force of the statute made, &c., the remainder in fee or reversion (as the case may be) expectant, &c., of and in the said hereditaments and premises may become actually vested in him, the said C. D.; and so that he, the said C. D., may be enabled to accept and take a release of the inheritance thereof to him, the said C, D., his heirs and assigns for ever,” (or, to the uses, &c.)
u If a life-estate, say, “ of the freehold and reversion to him, the said C. D., his heirs and assigns, during the life of the said,” &c.
intended to be thereof made to him, the said C. D. his heirs and assigns for ever, [or if to uses, say, to the uses, upon the trusts, and to and for such intents and purposes as shall be thereof declared and expressed in and by an indenture intended to bear date the day next after the day of the date of these presents, and to be made between, &c.,) and to and for no other use, trust, intent, and purpose whatsoever. In witness, &c.
Release from a Vendor to a Purchaser. This indenture, made, &c., between, &c., [recite the deed or will under which the vendor is entitled, or that he is seised, &c., and the agreement for sale.] Now, this indenture witnesseth, that, &c., (see Considerations, p. 36,) he, the said (vendor,) hath'granted, bargained, sold, aliened, released, and confirmed, and by these presents doth, &c., (in his actual possession, &c.,") and to his heirs and assigns, all, &c., (see Par
"If the conveyance be by a man and his wife, of premises to which he is seised in her right, the granting part may be thus : “They, the said (vendor,) and M. his wife, under and by virtue, and in pursuance of the powers and provisions given by and contained in an act of Parliament made and passed in the 3d and 4th years of the reign of his Majesty King Will. IV., intituled, “An Act for the Abolition of Fines and Recoveries, and for the substitution of more simple modes of Assurance,' have, and on each of them hath,"
&c. When the " If the releasee be a tenant in possession under a lease, releasee is the reference to the possession under the same may be added in possession here thus : “ Which said messuage, &c., hereby granted and under a de
released, or intended so to be, are now in the actual possesmise or lease.
sion of the said (releasee,) by virtue of a demise made to him by the said (releasor,) by indenture bearing date, &c., for the term of seven years from the day of the date of the same indenture, and by force of an entry made by the said (releasee) pursuant to the same indenture.” In this case the lease is perfected by entry; but under the lease for a year, operating as a bargain and sale, the possession is transferred, by virtue of the statute of uses, without entry.
cels, p. 39,) together with all houses, &c., and the Premises. reversion, &c., and all the estate, &c.* To have and Habendum. to hold, &c. (see Habendum, p. 45; add covenants ;' Covenants. for the title,(see pp. 14 and 85.) In witness, &c.
* For general words, see p. 40. The clause of all deeds, &c., may be omitted. (Respecting this clause, see 1 Saund. on Cses and Trusts, 119; 2 Prest. Conv. 466; Noy, 145; Co. Litt. 6 a. n. 141; 1 Yo, and Jerv. 117; 3 Barn, and Cress. 225.)
* If the wife joins to convey or extinguish her dower, and in all cases where the wife joins, the first covenant should be by the vendor, “that these presents shall forthwith, at the * costs of the (vendor,) be duly acknowledged by the said (wife ;) she hereby consenting, and otherwise perfected by the solemnities prescribed by law for rendering the deeds of married women effectual to extinguish their interest in land.”
If a reversion, &c., “to an indefeasible estate of inherit- That vendor ance in fee-simple in reversion or remainder expectant,” &c. is seised.
If a life-estate, “to an indefeasible estate of freehold in possession, for and during the natural life of,” &c.
If a moiety, &c., “to grant, release, and convey the said that vendor moiety, or said undivided part, &c., of and in," &c. has good
right to conIf a reversion or remainder, “ to grant, release, and convey the said reversion or remainder expectant, &c., as aforesaid."
If a life-estate, “ for and during the natural life of,” &c.
If a moiety, &c., “to enjoy the said undivided, &c., of For quiet enand in the said,” &c.
from incumIf a reversion, &c., “at all times hereafter, immediately brances. upon the decease or other sooner determination of the estate for life of, &c., (or as the case may be,) peaceably to enjoy," &c.
If a life-estate, “ to enjoy for and during the term of the natural life of,” &c. If a moiety, &c., "into or out of the said undivided, &c., For further
assurance. If a reversion or remainder, “ into or out of the same remainder or reversion hereditaments and premises aforesaid.”
If a life-estate, “shall and will, from time to time, and at all times hereafter during the natural life of,” &c.
* Where the conveyance contains a power of appointment, the covenants should be with the releasee to uses in other
APPOINTMENT AND RELEASE.
This indenture, made, &c., between, &c.* [Recite Recitals. the instrument creating the powepa and the contract Appointment. for purchase, or as the case may be.] Now, this in
denture witnesseth, that, in consideration, &c., he, the said A. B., pursuant to, and by force and virtue, and in exercise and execution of the power or authority to him, — by the said hereinbefore in part recited indenture, for this purpose given and limited, doth, by this present deed or instrument in writing, by * him sealed and delivered in the presence of the two
credible persons whose names are intended to be hereupon indorsed, as witnesses to the sealing and delivery thereof, by him, the said A. B., direct, limit, and appoint, that the messuages, lands, hereditaments, and premises hereinafter described, and intended to be hereinafter granted and released, with their appurtenances, shall henceforth go, remain, and be, and the said last mentioned indenture shall, so far as concerns the same messuages, lands, hereditaments, and premises, be and enure. To the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisions, agreements, and declarations hereinafter expressed and declared of and concerning the same. And this
cases with the cestui que use. The appointee on a subsequent sale would not become the assignee of the appointer, but of the releasees or feoffees to uses, and in the latter character would be entitled to the benefit of covenants entered into with them.
* In consequence of the appointment overreaching the estate of the trustee of the vendor, he is not a necessary party.
a 1f the deed creating the power be not recited, it must be referred to in the operative part of the appointment. . If it is intended, as in the present precedent, to give the appointee a power of appointment, his name must not be inserted here, as no uses can be limited upon bis seisin, he himself being in under the statute,
indenture also witnesseth, that, in further pursuance Release. of the said recited agreement, and for the consideration aforesaid, and for the further and better, assuring the said, &c., to the uses and in manner hereinafter mentioned, [or declared and contained,] he, the said (vendor,) hath granted, bargained, sold, aliened, released, and confirmed, and by these presents doth, &c., unto the said (purchaser,) in his actual possession, &c., and to his heirs and assigns, all, &c., (see Parcels, p. 39.) [Add the general words, Parcels. “ with the reversion, and all the estate," &c.; Ha- Habendum. bendum,d add covenantse for title ; see ante, pp. 41 Covenants. and 85.7
In witness, &c.
. In small purchases, the release may be omitted ; for, unless there should be any informality in the appointment, the release will be useless. Formerly, taking by appointment was the better way, as the title was thereby discharged of the judgment-debts of the vendor; (Doe v. Jones, 10 B. and C. 457 ; Skeeles v. Shearly, 8 Sim. 153; 3 M. and Cr. 112;) but it is conceived, that, in consequence of the provi. sion of the 1st and 2d Vict. c. 110, sect. 11, such a course would now be no protection to a purchaser.
dA declaration as to the uses may be added after the habendum, thus: “And it is hereby agreed and declared between and by the parties hereto, that as well the direction and appointment, as also the grant and release hereinbefore contained, shall operate and enure to the use,” &c., (or to such uses, &c.)
e Where the purchaser was married before 1834, the pre- Limitation to mises should be limited “ to such uses as he may appoint, purchaser to and in default thereof either to the use of the purchaser in to the use of the nurchaser in such uses as
- he may apfee, without a trustee, or with the usual limitation to him
ation to him, point, with self for life, remainder to a trustee for his life, with remain- remainder to der to himself in fee;" (see Moreton v. Lees, Sug. Powers ;) him in fee. and by these means the wife of purchaser may be defeated of her dower, by the exercise of the power by the husband. (See Ray v. Pung, 5 Madd. 310; 5 Barn, and Ald. 568.)