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point, according to the true intent and meaning of these presents. [Conclude with the covenants for title applicable to copyholds.] In witness, &c.


Testatum clause.

This indenture, made, &c., between (the vendor) of the one part, and (the purchaser) of the other part. [Recite the lease and contract for sale.] Now, this indenture witnesseth, that, &C., and in consideration, &c., he, the said (vendor,) hath granted, bargained, sold, aliened, released, and confirmed and, &c., unto the said (purchaser,) (in his actual possession, &c.) his heirs and assigns, all, &c., together with all and singular houses, &c., and all the estate, &c., to bave and to hold the said, &c., unto and to the use of the said (purchaser,) his heirs and assigns, for and dur. ing the lives of, &c., and the longest liver of them. [Add covenants from vendor that, notwithstanding, gc., the lease is valid, and that he hath good right to grant, &c., during the lives of, &c., and according to the true intent, &c., for quiet enjoyment, and that free from incumbrances, except the rent and covenants in the said lease ; and for further assurance, (see p. 94 ;) and further, that the rent and taxes are paid, (see p. 96 ;) and add covenants from the pur. chaser for performance of the covenants, and to in. demnify the vendor from the rents, (see p. 96.)] In witness, &c.

- Leaseholds for lives being freehold, must be conveyed by lease and release, or other conveyance sufficient to pass a freehold, as fcoffment, or bargain and sale enrolled.



A TITLE for forty years is not considered strictly
marketable, as cases may arise in which the same
would be defective; for instance, a title taken up
forty bears back, might begin with a conveyance from
A., who assumed to be seised of the fee-simple and
inheritance of the premises, and which were conveyed
as such, but if upon investigation it turns out that he
was seised of an estate for life only, with remainders
over; in such case, the purchaser accepting such
title would be liable to eviction, if the tenant for life
was still living, or has not been dead twenty years ;
or has been dead for that period, but the right of the
remainder-man has been kept alive by disability.

By the 4th and 5th sections of the Dower Act, (see As to the p. 150,) a husband, unless married on or before the wife's de 1st January 1834, is enabled to dispose of his estate by deed in his lifetime, or to devise the same by his will, discharged of dower; and by sections 6 and 7, unless married on or before that day, he may, by inserting a declaration in his purchase-deeds, or in his

* In the first edition there were several points touched upon under this head which have now been omitted in this chapter, being more fully discussed in the previous chapters on the Preparation and Perusal of Deeds, and on Abstracts of Title.



will, as in p. 52, negativing the right of dower, bar his wife's right thereto; also by devising to his wife any land or estate, or interest in any land, out of which she would be dowable, he thereby excludes

her right to dower. As to the pre- In the conveyance of a remainder or reversion, to cautions of a man who was married on or before Ist January preventing dower in the 1834, the same precautions are requisite for preventpurchase of a ing dower attaching when the estate comes into pos

session, as are used in conveyances of estates in

possession. Parcels.

The parcels should be minutely described by their denominations and quantities, boundaries, and the names of the occupiers. In the covenant to surren

der copyholds, general words should be omitted. General

General words will pass the tithes with the estate sold ; therefore, if the same are not intended to pass, they must be expressly excepted; as also as to ways, &c., intended to be reserved to the vendor, and the

purchase-deeds made subject thereto. Covenants. The usual covenants for the title are, Ist, That,

notwithstanding any act, deed, matter, or thing by him, the said vendor, or by those under whom he claims, he is lawfully seised ; 2d, That he has good right to convey ; 3d, For peaceable possession, and that free from incumbrances ; and, lastly, That he will do any further act the better to convey and as

sure the premises. See ante, p. 14. Covenants by In covenants from trustees and assignees, the protrustees. per words are “ covenant and declare." Of assigning In small purchases, satisfied terms are assigned at

more the end of the conveyance of the freehold to attend dering terms in the convey. the inheritance, in which case the creation of the ance of the same, and in whom the same is vested, must be freehold

shown, as in p. 32, and then assigned in the usual way, by the direction of the vendor, at the nomination of the purchaser, in trust for the purchaser. But if a term is intended to be merged, the trustee of the term, at the request and by the direction of the vendor, and upon the acceptance of the said purchaser,


and surren

testified, &c., will bargain, sell, assign,“ surrender, and yield up unto the purchaser, (or the releasee to uses,) his heirs and assigns, all, &c., and all the estate, &c.; to hold the same unto the said, &c., his heirs and assigns, to and for the end, intent, and purpose, that the said term of, &c., for the residue thereof, may be merged and extinguished in the freehold reversion and inheritance of the said premises, or otherwise cease, determine, or become void, to all intents and purposes whatsoever. [Add a covenant from the trustee, that he hath done no act to incumber.] In witness, &c.

u The word assign is used to provide against any intervening estate between the term and inheritance preventing merger, in which case the term would be vested in the purchaser or owner of the fee as the assignee thereof.





This indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part. [Recite the conveyance, assignment, or surrender.] And whereas the said sum of L. , the consideration in the said last recited indenture mentioned to have been paid by the said A. B. as aforesaid, was not paid by the said A. B. out of his own money, but was in fact the proper money and estate of the said C. D., as he, the said A. B., doth hereby acknowledge, and the name of the said A. B. was therein inserted as a trustee for the said C. D. And whereas the said A. B. hath accordingly, at the request of the said C. D., consented to inake and execute such declaration of trust as to the hereditaments and premises comprised in and conveyed by the said recited indenture as hereinafter contained. Now, this indenture witnesseth, that, in pursuance of the said recited agreement, and in consideration of the premises, he, the said A. B., doth hereby acknowledge, testify, and declare, that the said sum of L. so expressed to have been paid by him, the said A. B., to the said, &c., as the consideration for the purchase of the said

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