Parties.

XXXIV.

GRANT OF A REVERSION, in Fee, expectant on a Life
Estate. (a)

THIS INDENTURE, made the - day of, in the year of our Lord: BETWEEN &c., [grantor], of &c., of

(a) A grant is appropriated to the conveyance of things not in possession as reversions and remainders, and other incorporeal hereditaments, as rents, advowsons, &c., of which no livery can of course be given. Hence the law divided estates into those which lie in livery, and those in grant. (Watkins's Conveyancing, book ii. c. 2.) To the above-mentioned chapter, Mr. Merrifield has appended the following

note :

Nature, operation, and construction of a grant.] The term grant is generally applied to conveyances by feoffment, (fine, recovery,) lease and release, bargain and sale, and covenant to stand seised. But this simple grant at common law is complete, without any of the ceremonies peculiar to the above conveyances. It does not require enrolment, nor a prior lease for years, nor the consideration necessary to establish a covenant to stand seised to uses; livery of seisin is altogether inapplicable to it, and it is not matter of record (2 Sand. Uses, 25.) A grant is the proper technical conveyance for passing incorporeal hereditaments; but the conveyance by lease and release is frequently adopted in practice when a mere grant only would be sufficient. But as the validity of the grant would depend on evidence that the grantor had merely a reversion or remainder, and consequently it would be incumbent on the person claiming under this assurance, to show that there was a previous existing particular estate, the lease for a year is taken, by way of caution, that the grantee may have, in his own hands, evidence of the existence of a particular estate capable of enlargement, 2 Prest. Conv. 235. But where no such reason can possibly exist, incorporeal hereditaments are properly conveyed by grant. The form of a grant is most usually adopted in grants of annuities in fee, or for life, or as qualifications under the Game Laws, and in grants of crown or church lands under acts of parliament. Though the proper and technical words of a grant are 66 Igiven and granted," yet any other words that show the intention of the parties will have the same effect. (Holmes v. Sellers, 3 Lev. 305.; 2 Sand. Uses, 39.) Therefore it has been determined that words of covenant (Mountjoy's Case, 3 Lev. 305.; 4 Leon. 147.; 2 Ves. 9.), or an instrument in the shape of an obligation (Co. Litt. 147. a.), or the words limit and appoint (Shove v. Pincke, 5 Durnf. & East, 124. 310.), may amount to a grant. Every person who has any incorporeal hereditaments, such as an advowson, a rent, common, &c., may convey it away by grant, (Touch. 240.) The operation of a grant is materially different from that

day of

and made or

Recital of con

veyance giving an estate for

life.

the one part, and [grantee], of &c., of the other part: WHEREAS by Indentures of lease and release, bearing date respectively on or about the expressed to be made between the said [grantor] &c., of the one part, and I. G. of &c. of the other part; it is by the said Indenture of release witnessed, that for the considerations therein expressed, he the said [grantor] did grant, bargain, sell and release unto the said I. G. and his assigns, all the messuages or tenements, lands and hereditaments hereinafter particularly mentioned and described, with their appurtenances, To HOLD the same unto the said I. G. and his assigns, for and during the life of him the said I. G., for his and their own use and benefit: AND WHEREAS the said [grantee], hath contracted Contract for and agreed with the said [grantor], for the absolute purchase purchase of the of the fee-simple and inheritance in reversion (b), of and in

of a feoffment; for a feoffment operates immediately on the possession without any regard to the estate or interest of the feoffor (2 Prest. Conv. 237.), but a grant only operates on the estate of the grantor, and will pass no more than what the grantor is by law enable to convey (Gilb. Ten. 122.). Where it is impossible the grant can take effect according to the letter, there the law shall make such a construction as the gift by possibility may take effect. (Co. Litt. 183. b. And see Ibid. 267. b.)

(b) When a person has an interest in lands, and grants a portion of that interest, or, in other terms, a less estate than he has in himself, the possession of those lands shall, on the determination of the granted interest or estate, return or revert to the grantor. (2 Bl. Com. 175,; Co. Litt. 22. b.; Plowd. 151.; Throckmorton v Tracy.) It must here be remarked, that it is said the possession of the lands shall return to the grantor on the determination of the grant, for a present interest remains even during the existence of the grant in the person making it ; and this interest is what is called his reversion, or, more properly, his right of reverter. This right of reverter can only arise by the act of law; it cannot be created by the act of the party, though it is a consequence of his previous act. (1 Watk. Conv. b. i. c. 16.)

The next passage in the text of Mr. Watkins's book is as follows, the words within brackets being inserted by Mr. White in his edition of the same, before referred to: "This right of reverter can only arise by the act of law; it cannot be created by the act of the party, though it is a consequence of his previous act. If a person [by any assurance executed before or upon the 31st day of December, 1833,] limited particular estates to strangers, with the ultimate limitation to himself in fee, or to his own right heirs, the latter limitation would not take effect as a remainder, or by reason of the express limitation of the grantor; but, as the law would have given to him or his heirs, as a consequence of the preceding limitation, the same interest or estate as the express words would have conveyed, those words were deemed wholly nugatory,

reversion.

Witness;

reversion.

the messuages, &c., and to take effect in possession on the death of the said I. G., at or for the price or sum of 2001.: NOW THIS INDENTURE WITNESSETH, That in consideration of Grantor grants the said sum of 2007. of lawful money of Great Britain and Ireland, to the said [grantor] by the said [grantee], at or immediately before the sealing and delivery of these presents in hand, well and truly paid, the receipt of which said sum of 2007. he the said [grantor] doth hereby admit and acknowledge, and of and from the same and every part thereof doth acquit, release and discharge the said [grantee], his heirs, executors, administrator and assigns, and every of them for ever, by these presents, HE the said [grantor], HATH granted, bargained, sold and confirmed, and by these presents DOTH grant, bargain, sell, and confirm unto the said [grantee] and his heirs, ALL that the reversion and remainder in fee-simple expectant, and to take effect in possession upon the decease of the said I. G., of and in ALL, &c. [parcels], And the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits of all, and singular the messuages or tenements, hereditaments and premises, hereby granted or mentioned and intended so to be; And all the estate, right, title, interest, reversion, use, trust, possession, property, claim and demand whatsoever, both at law and in equity, of him the said [grantor] of, in, and to the same premises, and every part and parcel thereof, TO HAVE AND TO HOLD the said grantee in fee. reversion and remainder, expectant and to take effect in pos

And the reversion, &c.

And all the estate.

To hold to

Covenants for title.

session as aforesaid, of and in the said messuages, tenements, lands, hereditaments, and all and singular other the premises hereby granted, or expressed and intended so to be, with their appurtenances, unto the said [grantee], his heirs and assigns, To the only proper use and behoof of the said [grantee], his heirs and assigns for ever: AND the said [grantor], for himself, his heirs, executors, and administrators, doth covenant, promise, and agree, with and to the said [grantee], his heirs and assigns, by these presents, in manner following (that is to say); that for

and the grantor or his heirs was in in reversion, or of the old estate. [But by any assurance executed after the above-mentioned day, such a limitation confers upon the settler a new estate, and he is not in of his old estate; the statute 3 & 4 Will. 4. c. 106. s. 3., having altered the law in this respect.]

and notwithstanding any act, deed, matter, or thing, by him the said [grantor] made, done, committed, or executed, or knowingly or willingly suffered to the contrary, he the said [grantor] at the time of sealing and delivery of these presents, is well and sufficiently entitled to the reversion and remainder in fee-simple herein-before granted, of and in the said pieces or parcels of land, messuages or tenements, and other hereditaments, without any manner of condition, use, trust, property, power of revocation, equity of redemption, remainder or limitation of any use or uses, or other restraint, cause, matter, or thing whatsoever, to alter, change, defeat, incumber, revoke, or make void the same; And that for and notwith- Good right to standing any act, matter, or thing as aforesaid, he the said convey. [grantor] now hath in himself good right, full power, and lawful and absolute authority to grant the said reversion and remainder in manner aforesaid, according to the true intent and meaning of these presents; And that it shall and may be For quiet enlawful to and for the said [grantee], his heirs and assigns, Joyment, from time to time and at all times hereafter, peaceably and quietly to have, hold, possess, and enjoy the said reversion and remainder, and to have, receive, and take the rents, issues, and profits thereof, for his and their own use and benefit, without the lawful let, suit, trouble, denial, interruption, claim, or demand whatsoever, of or by him the said [grantor], or his heirs, or of or by any person or persons lawfully or equitably claiming or to claim by, from, or under, or in trust for him, them, or any of them; And that free and clear, freely and clearly Free from inand absolutely acquitted, exonerated, released, and for ever cumbrances. discharged, or otherwise by the said [grantor], his heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales, jointures, dowers, right and title of dower, uses, trusts, entails, wills, statutes merchant and of the staple, recognizances, judgments, executions, rents, arrears of rent, annuities, legacies, sums of money, yearly payments, forfeitures, re-entries, cause and causes of forfeiture and re-entry, debts of record, debts due to the Queen's Majesty, and of, from, and against all other estates, titles, troubles, charges, debts, and incumbrances whatsoever, either already had, made,

assurance.

executed, occasioned, or suffered, or hereafter to be had, made, executed, occasioned, or suffered by the said [grantor], or his heirs, or by any person or persons lawfully or equitably claiming or to claim by, from, or under, or in trust for And for further him, them, or any of them: And further, that he the said [grantor] and his heirs, and all and every other person or persons having or claiming, or who shall or may have or claim any estate, right, title, interest, inheritance, use, trust, property, claim, or demand whatsoever, either at law or in equity, of, in, to, or out of the said reversion and remainder by, from, or under or in trust for him the said [grantor] or his heirs, shall and will, from time to time, and at all times hereafter, upon every reasonable request to be made for that purpose, by and at the proper costs and charges in the law of the said [grantee], his heirs or assigns, make, do, acknowledge, and execute, or cause and procure to be made, done, acknowledged, and executed, all or any such further and other lawful and reasonable acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely granting and assuring of the said reversion and remainder hereinbefore granted of and in the said messuages, &c., and every part thereof, with their appurtenances, unto the said [grantee], his heirs and assigns, as by the said [grantee], his heirs or assigns, or his or their council in the law, shall be reasonably devised, or advised and required. IN WITNESS, &c. (c)

(c) The grant of a remainder is so nearly similar, that it has not been thought worth while to give a form. The recital of the deed or will creating the remainder will be the principal difference.