day of were, on or about the duly granted by and out of the Prerogative Court of the Archbishop of Canterbury, unto the said [administrator], who thereupon took upon himself the administration of the personal estate and effects of the said intestate ;" and then in the operative part make the administrator revoke the old uses, and appoint, and, with the tenant for life, convey. The alteration of the parties will be easily effected, as also the covenant against incumbrances by the trustees, and the covenants for title as given in the text. Of course, in such a case as that supposed in the text, were the tenant for life not to join in the conveyance, the purchaser would be entitled to no other covenant, than that from the trustees that they had not incumbered, and that they had done no act whereby they are prevented from exercising the powers given by the settlement. This, however, is perhaps of little importance; for as the tenant for life must by some instrument signify his assent to the sale proposed to be effected by the trustees, a purchaser would not easily be found to agree to the sale proposed, unless the tenant for life consented to join also in the conveyance for the purpose of covenanting for the title. Parties. Recital of mortgage creating the trust for sale. XXIII. CONVEYANCE BY LEASE AND RELEASE of Freehold Messuage, &c. by TRUSTEES under a TRUST FOR SALE in a Mortgage Deed, to a Purchaser to Uses to bar Dower, the Mortgagor joining in the Conveyance and covenanting for Title. THIS INDENTURE, made the day of, in the year of our Lord 1838, BETWEEN A. B. of &c. and C. D. of &c. of the first part, [mortgagor] (a) of &c. of the second part, [purchaser] of &c. of the third part, and [trustee to bar dower] of &c. of the fourth part: WHEREAS by Indentures of lease and release, bearing date respectively on or about the and days of, the release being made or expressed to be made between the said [mortgagor] of the first part, John G. of &c. of the second part, and the said A. B. and C. D. of the third part, it is by the said Indenture of release witnessed, that in consideration of the sum of 500l. therein mentioned to be paid to the said [mortgagor], by the said John G., and for the other considerations therein expressed, He the said [mortgagor], by the direction of the said John G., did grant, bargain, sell, release, and confirm all and singular the messuage or tenement and hereditaments hereinafter particularly mentioned, and directed and intended to be hereby released, unto the said A. B. and C. D., their heirs and assigns, To the use of the said A. B. and C. D., their heirs and assigns for ever; nevertheless upon and for the trusts, intents, and purposes thereinafter expressed, declared, and contained of and concerning the same; (that is to say,) Upon Trust to permit and suffer the said [mort (a) The mortgagor is not a necessary party, as will be seen by the recital of the trust for sale, but it is always better to have his concurrence, in order that he may covenant for the title; besides, by some gentlemen it is considered of importance, in case there should have been any defect in the deed creating the trust. day of gagor] to occupy and enjoy the said messuage or tenement and hereditaments, and to receive and take the rents and profits thereof to and for his own absolute use and benefit, until the then next following: And in case the sum of 5007., and the interest thereof, thereinafter covenanted to be paid on the said day of, should be then duly paid, satisfied, and discharged, then Upon Trust, forthwith to reconvey the said messuage or tenement and hereditaments unto the said [mortgagor], his heirs and assigns for ever, or as he or they should in that behalf order, direct, or appoint: And it was by the said Indenture of release now in recital declared and agreed, that in case the said sum of 5007. and interest, or any part thereof, respectively, should remain unpaid on the said — day of, and should not be paid within twenty-one days then next following, then and in such case the said A. B. and C. D., and the survivor of them, and the heirs or assigns of such survivor, should, as soon as conveniently might be after the expiration of the said twentyone days, or at any time or times thereafter when and as they or he should think fit, and either by public sale or private contract at their or his discretion, absolutely sell, dispose of, and conveys the said messuage or tenement and hereditaments hereby granted and released, or so much thereof as they or he should deem expedient, for such sum or sums of money as they or he should in their discretion think reasonable; and should for the perfecting of any such sale, sign, deliver, and execute all necessary deeds, conveyances, and assurances, and do and perform all such acts and things whatsoever as should be requisite for the purposes aforesaid: And it was thereby further declared, that all such acts, deeds, things, conveyances, and assurances should, whether the said [mortgagor] or his heirs should or should not join therein or assent thereto, be valid and effectual to all intents, effects, constructions, and purposes whatsoever: And it was by the Indenture of release now in recital further declared and agreed that the said A. B. and C.D, and the survivor of them, and the executors and administrators of such survivor should stand possessed of and interested in the monies to arise by such sale or sales, Upon Trust, in the first place to reimburse themselves and himself all costs, charges, and expenses occasioned by or relating to the said sale or That mortgage money was not paid, and that same and arrear of interest are due. Contract for sale. sales, and in the next place pay to the said John G., his day of and the said sum of 500l., together with 501. for interest upon the same, after the rate aforesaid, is now due and owing under and by virtue of the hereinbefore recited mortgage security, as he the said [mortgagor] doth hereby admit and acknowledge: AND WHEREAS, in pursuance of the trusts created by the said recited Indenture of release, they the said A. B. and C. D. have contracted and agreed with the said [purchaser] for the absolute sale to him of the said messuage or tenement and hereditaments hereinafter particularly mentioned and described, and intended to be hereby granted and released, and the inheritance thereof in fee-simple in possession, free from all incumbrances, at or for the price or sum in conveyance. mortgagor convey. of 9007. AND WHEREAS the said [mortgagor] hath agreed Mortgagor to join in conveying the said messuage or tenement and agreed to join hereditaments in manner hereinafter mentioned. Now THIS INDENTURE WITNESSETH, that in pursuance and performance of Witness; the said agreement, and in consideration of the sum of 9001. Trustees and of lawful money of the United Kingdom of Great Britain and Ireland to the said A. B. and C. D. in hand well and truly paid by the said [purchaser], with the consent and approbation of the said [mortgagor], (testified by his executing these presents,) at or immediately before the sealing and delivery of these presents, the receipt and payment of which said sum of 9007. they the said A. B. and C. D. and the said [mortgagor] do hereby respectively acknowledge, and of and from the same, and every part thereof, do hereby respectively acquit, release, and discharge the said [purchaser], his heirs, executors, administrators, and assigns, and every of them for ever by these presents; and also in consideration of the sum of 10s. of like lawful money to the said [mortgagor] paid by the said [purchaser] at or immediately before the sealing and delivery of these presents, (the receipt whereof is hereby acknowledged,) they the said A. B. and C. D. HAVE, and each of them HATH (6) bargained, sold, and released, and by these presents Do, and each of them DOTH bargain, sell, and release, and the said [mortgagor] HATH granted, bargained, sold, aliened, released, and confirmed, and by these presents DoтH grant, bargain, sell, alien, release, and confirm unto the said [purchaser], (in his actual possession now being by virtue of a Reference to bargain and sale to him thereof made by the said A. B. and the lease for a C. D. and [mortgagor], in consideration of 5s., by an Indenture bearing date the day next before the day of the date of these presents, for the term of one whole year, commencing from the day next before the day of the date of the said Indenture of bargain and sale, and by force of the statute made for trans (b) It will be seen that in this and the foregoing form the trustees for sale convey without the word grant, and omitting any qualifying words. See, as to this point, ante, page 55. note (f), the qualifying words in the form, ante, page 193., and the general note to the word "Grant," post, Division "Grants." year. |