Parties.

Recitals.

law.

&c.

CONVEYANCE BY LEASE and RELEASE, by an Heir-at-law to a Purchaser (married after the 1st of Jan., 1834), of Pieces of Land and Houses, &c., in Fee-simple, the Vendor's Mother joining to release her Dower.

THIS INDENTURE, made the day of, in the year of our Lord 1838, BETWEEN [vendor], of, in the county of, esquire (a), eldest son and heir-at-law of H. B., late of, in the county of, esquire, deceased, of the first part; [widow] of — in the county of (a), widow, and relict of the said H. B., of the second part ; and [purchaser], of in the county of, gentleman, of the third part. WHEREAS the said H. B. departed this life on or about the Death of intesday of —, intestate, leaving the said [widow], his tate, leaving widowand heir-at- widow, and the said [vendor], his heir-at-law, him surviving : Seised of lands, AND WHEREAS the said H. B., at the time of his decease, was seised of or entitled to an estate in fee-simple in possession of and in the piece or parcel of land, messuages, or tenements and hereditaments, herein-after particularly mentioned and described, and intended to be hereby granted and released: AND WHEREAS the said [purchaser] hath contracted and agreed with the said [vendor] for the absolute purchase of the freehold and inheritance in fee-simple in possession of the said piece or parcel of land, messuages or tenements, and hereditaments herein-after particularly mentioned and described, and intended to be hereby granted and released, free from all incumbrances, at or for the price or sum of 15007.: And agreement And in the treaty for the said purchase it was agreed that as to release of the sum of 150l. (part of the said sum of 5007.) should be paid to the said [widow], in consideration of the said [widow] joining in releasing the said pieces or parcels of land, messuages or tenements, and hereditaments, of and from

Contract for purchase.

dower.

(a) "It is usual, and very convenient, though not important, to describe in what capacity the several parties act." (Introd. sect. 3. "Parties.")

all right and title of dower, and all other claims of her the said [widow] into and out of the same, in manner herein-after mentioned: AND WHEREAS the said [widow] has agreed, at the request of the said [vendor], to make such release accordingly : NOW THIS INDENTURE WITNESSETH, that in Witness conpursuance and performance of the said agreement, and in veyance. consideration of the sum of 1350l. of lawful money of the United Kingdom of Great Britain and Ireland, in hand to the said [vendor] paid by the said [purchaser], at or immediately before the sealing and delivery of these presents, and in consideration of the sum of 1507. of like lawful money, in hand and at the same time to the said [widow] paid by the said [purchaser], at the request and by the direction of the said [vendor], testified by his being a party to and sealing and delivering these presents, the receipt of which said sums of 13507. and 150l. the said [vendor] and [widow] do hereby respectively acknowledge, and of and from the same, and every part thereof respectively, 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, HE the said [vendor] (b) HATH granted, bargained, sold, released, and confirmed, and

(b) This deed is framed on the supposition that the widow has not had her dower assigned to her, or at all events that she has not entered; for, had she done so, she could not have released in the manner here done. Before assignment and actual entry the freehold is not in the widow; and, therefore, the mode of passing her claim differs before and after entry. Before entry she has only a right, which must be conveyed by release, and that to the person having the freehold in possession of the lands, as to him only a release of right can be made. The release so made would operate, not to convey the widow's estate, but merely to extinguish the right; or, in other words, the claim to the estate would be, by such release, in fact wholly extinguished; and such is the operation of the release in the text. The mode of extinguishment must be by release, for there can be no surrender of a right.

After entry, the possession or freehold of the widow's third is in herself, and must therefore be conveyed like other lands, if to the person immediately in reversion, by surrender; and if to a stranger, by feoffment, lease and release, or bargain and sale enrolled, or by any other mode of conveyance by which a freehold may be transferred. In the case of entry by the widow, she of course would have been a necessary party to the lease for a year, and to the operative part of the release founded upon it, supposing the transaction to be included in one conveyance. (See Watkins's Conveyancing, book i. chapters 6 & 17.)

Parcels.

by these presents DOTH grant, bargain, sell, release, and confirm unto the said [purchaser] (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said [vendor], 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 transferring uses into possession), and to his heirs, ALL that General words. piece or parcel of land, &c. [parcels], together with all and singular houses, outhouses, edifices, buildings, barns, stables, coach-houses, cottages, yards, gardens, orchards, backsides, tofts, lands, meadows, pastures, commons, common of pasture, common of turbary, mines, minerals, quarries, furzes, trees, woods, underwoods, coppices, and the ground and soil thereof, mounds, fences, hedges, ditches, ways, waters, watercourses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever to the said piece or parcel of land, messuages or tenements, hereditaments and premises, belonging, or in any wise appertaining, or with the same or any of them respectively now or at any time heretofore demised, leased, held, used, occupied, or enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, or member of them, or any part of them, or appertaining thereunto, with their and every of their appurAnd the rever- tenances: AND the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits of all and singular the pieces or parcels of land, messuages, or tenements, and other hereditaments herein-before granted and And all the es- released, or expressed and intended so to be: AND all the estate, right, title, interest, inheritance, use, trust, possession, property, claim, and demand whatsoever, both at law and in equity, of him the said [vendor], of, in, to, from, and out of the same premises, and every part thereof, To HAVE AND TO HOLD the said pieces or parcels of land, messuages, or tenements, and all and singular other the premises hereby granted and released, or expressed and intended so to be, unto the said [purchaser] and his heirs, To THE USE of the said [purchaser], his heirs and assigns for ever. AND THIS INDENTURE FURTHER WITNESSETH, that in pursuance and

sion.

tate.

Habendum in fee.

Further wit

ness.

performance of the said agreement, and for the consider

title.

ations aforesaid, the said [widow], at the request of the said Widow releases [vendor], testified as aforesaid, HATH granted, remised, and her dower. released, and by these presents DOTH grant, remise, and release the said pieces or parcels of land, messuages or tenements, hereditaments, and premises herein-before particularly mentioned and described, and intended to be hereby granted and released, and also the said [purchaser], his heirs and assigns, of and from the dower or thirds, and right and title of dower or thirds, at common law or otherwise, which she the said [widow] hath, or can, or may, or otherwise might have claim or demand, of, in, to, or out of the said pieces or parcels of land, messuages or tenements, hereditaments, and premises, or of, in, to, or out of the rights, members, or appurtenances thereunto belonging, and all other the estate, right, title, interest, property, claim, and demand whatsoever, both at law and in equity, of the said [widow], of and in the said premises. AND the said [vendor], for himself, his heirs, Covenants for executors, and administrators, doth covenant, promise, and agree with and to the said [purchaser], his heirs and assigns, by these presents, in manner following; (that is to say), that for and notwithstanding any act, deed, matter, or thing, by him the said [vendor], or the said H. B., the intestate (c), made, done, committed, or executed, or knowingly or willingly suffered to the contrary, he the said [vendor], at the time of the sealing and delivery of these presents, is lawfully, right- Seised in fee. fully, and absolutely seised of and in, or well and sufficiently entitled to the said pieces or parcels of land, messuages or tenements, and other hereditaments herein-before granted and released, or expressed and intended so to be, and every part thereof, for a good, sure, sole, perfect, absolute, and indefeasible estate of inheritance in fee simple, 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

(c) Where the party conveying claims by descent, he is bound to covenant against the acts of the persons from or through whom his title is derived. And see note upon covenants for title appended to No. I. (b), p. 32, 33., and note (g), No. II. p. 41, ante.

convey.

ment.

Good right to same: AND that for and notwithstanding any act, matter, or thing as aforesaid, he the said [vendor] now hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, release, and confirm the said pieces or parcels of land, messuages, tenements, and other hereditaments herein-before granted and released, or expressed and intended so to be, with the appurtenances thereunto belonging, unto the said [purchaser], his heirs and assigns, in manner aforesaid, according to the true intent and meaning of these preFor quiet enjoy-sents: AND that it shall and may be lawful to and for the said [purchaser], his heirs and assigns, from time to time and at all times hereafter, peaceably and quietly to enter into and upon, and to have, hold, occupy, possess, and enjoy the said pieces or parcels of land, &c., with their appurtenances, and to have, receive, and take the rents, issues, and profits thereof, and of every part thereof, to and for his and their own use and benefit, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, of or by him the said [vendor], 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, or by, Free from in- from, or under the said H. B.: AND that free and clear, and

cumbrances.

freely and clearly and absolutely acquitted, exonerated, released, and for ever discharged, or otherwise by the said [vendor], 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 reentry, 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, executed, occasioned, or suffered, or hereafter to be had, made, executed, occasioned, or suffered by the said [vendor], or his heirs, 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, or by the said H. B., or any person or persons lawfully or equitably claiming or to claim under him: