« ForrigeFortsett »
less, and it is hereby expressly agreed and declared between and by the said parties hereto, that the concurrence of the said C. D. in these presents shall not, nor shall any thing herein contained, operate or be deemed, construed, or taken as operating, to preclude him from exercising or consenting to the exercise of the several powers and authorities in and by the said recited (will of, &c.] declared, expressed, and contained of and concerning the said messuage and hereditaments, whereof or wherein such remainder or reversion is hereinbefore expressed, or intended to be hereby granted as aforesaid, or otherwise prejudice the exercise of the same powers and authorities, or any of them ; but that such powers and authorities shall continue and subsist, and shall be exercisable in such and the same manner, in all respects, as if these presents had not been made or executed, or as if the said C. D. had not joined or concurred herein.
In witness, &c.
COVENANT TO SURRENDER COPYHOLDS.
This indenture, made, &c. [Recite the instrument under which the vendor claims to show the equitable title, and the copy of court roll to show the legal title at the date of such instrument, and the subsequent surrenders and admissions, and recite the contract for purchase.]: Now, this indenture witnesseth, that, in pursuance of the said agreement, and in con
* If freehold and copyhold, say, “ For the sale of the feesimple and inheritance of and in the freehold parts of the messuage, &c., hereinafter described, and of the copybold parts of the same hereditaments, free from incumbrances, at or for the price or sum of, &c.; and upon the treaty for the said purchase it was agreed, that the sum of, &c., part of the said sum of, &c., should be the apportioned value of the said freehold hereditaments, and that the sum of, &c., should be the apportioned value of the said copybold hereditaments."
sideration, &c., he, the said
, doth hereby for himself, his heirs, executors, and administrators, covenant, promise, declare, and agree to and with the said
his executors, administrators, and assigns, in manner following ; (that is to say,) that he, the said [his executors, administrators, and assigns, (or) his heirs and assigns,] shall and will, at the costs and charges of the said [purchaser,] his executors, administrators, or assigns, at or before the next general or other court which shall be holden for the said manor of or other the manor or manors whereof the same copyhold premises, or any of them, are holden, well and effectually surrender, or cause or procure to be well and effectually surrendered, into the hands of the lord or lords, lady or ladies, for the time being, of the said manor or manors, or otherwise convey and assure, according to the custom thereof respectively; to or to the use and behoof of the said purchaser, his heirs and assigns, all, &c., and all houses, &c., and the reversion, &c., and all the estate, &c.; to the end and intent, that the lord of the said manor may, immediately after such surrender, regrant the said copyhold premises with the appurtenances unto the said [purchaser,] his [heirs and assigns.] To hold the same to him, the said (purchaser,] his heirs and assigns for ever, at the will of the lord, according to the custom of the said manor, subject only to the rents, suits, and services therefore due, and of right accustomed ; and that, in the meantime, and until such surrender shall be made, and the said (purchaser,] or his heirs, shall be admitted tenant to the said hereditaments by virtue thereof, he, the said [vendor,] and his heirs, shall and will stand, and be seised or possessed of the said copyhold, messuage, or tenement, lands and hereditaments, and every part and parcel of the same, with the appurtenances ; upon trust for, and for the sole use, benefit, and advantage of the purchaser,] his heirs and assigns, and to be surrendered and disposed of from time to time as he or they shall direct or ap
point, according to the true intent and meaning of these presents. [Conclude with the covenants for title applicable to copyholds.] In witness, &c.
CONVEYANCE OF LEASEHOLDS FOR LIFE.S
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 have and to hold the said, &c., unto and to the use of the said (purchaser,) his heirs and assigns, for and during the lives of, &c., and the longest liver of them. [Ădd covenants from vendor that, notwithstanding, &c., the lease is valid, and that he hath good right to grant, 8c., during the lives of, 8c., 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 purchaser for performance of the covenants, and to indemnify 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.
OBSERVATIONS ON PURCHASE-DEEDS.t
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 Ist 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 1st January preventing lower 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.
The parcels should be minutely described by their denominations and quantities, boundaries, and the names of the occupiers. In the covenant to surrender copyholds, general words should be omitted.
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.
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 pro
per words are “ covenant and declare.” Of assigning In small purchases, satisfied terms are assigned at dering terms
the end of the conveyance of the freehold to attend in the convey- the inheritance, in which case the creation of the
same, and in whom the same is vested, must be 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,
ance of the freehold.