purchaser for the purchase of the lessee's interest in the said lease, the receipt whereof the vendor hereby acknowledges, the vendor, as executor of E. F., hereby conveys to the purchaser, All the land and premises demised by the said lease, and which premises are now known as To hold unto the purchaser for the

residue of the term of years, granted by the said recited lease, at the yearly rent and subject to the lessee's covenants and the conditions therein contained (a). And the purchaser doth hereby covenant with the vendor, that he, the purchaser, will at all times hereafter, during the said term of years, pay the yearly rent reserved by the said indenture of lease, and observe and perform all the lessee's covenants and the conditions therein contained, and will keep the vendor, and the estate and effects of E. F., deceased, indemnified against the payment of the said rent and the observance of the said covenants and conditions, and all actions, claims and demands whatsoever for or in respect of the same.

between A. B., of, &c. (hereinafter called the vendor), of the one part, and C. D., of, &c. (hereinafter called the purchaser), of the other part. Whereas, by an indenture of lease dated the day of

, and made between (parties), All, &c. (parcels as in lease), were demised unto the vendor (b) from the day

of

,

for the term of

years, at the yearly rent of £ and subject to the lessee's covenants therein contained. And whereas, the vendor has agreed with the purchaser for the absolute sale to him of the freehold lands hereinafter mentioned, and of the leasehold lands comprised in the hereinbefore-recited

(a) The executor's covenant against incumbrances is implied. (Sec. 7.) (b) It is assumed this recital is of a lease granted after the 31st December, 1881. If the lease is of prior date, the words of limitation should be inserted.

indenture of lease for the residue of the said term of

years,

subject to the rent covenants and conditions reserved by and contained in the said indenture of lease at the price of £ . NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration of £ paid to the vendor by the purchaser, the receipt whereof the vendor hereby acknowledges, the vendor, as beneficial owner, hereby conveys to the purchaser, Firstly, all, &c. (freehold parcels); Secondly, all the land and premises demised by the said lease, and which premises are now known as to hold as to the lands firstly hereinbefore described unto and to the use of the purchaser in fee simple, and as to the lands secondly hereinbefore described, unto the purchaser for the residue of the term of years granted by the said recited lease,

at the yearly rent and subject to the lessee's covenants and the conditions therein contained. And the purchaser doth hereby covenant with the vendor that he, the purchaser, will henceforth pay the rent by the said lease reserved, and perform all the lessee's covenants therein contained, and will at all times hereafter indemnify the vendor and his estate and effects from the payment of the said rent and the performance of the said covenants, and from all actions, claims and demands. whatsoever, for or in respect of the same.

In witness, &c.

No. 15.

Conveyance by a Husband and Wife of Freeholds, the Property

between A. B., of, &c., and C., his wife (hereinafter called the vendors), of the one part, and D. E., of, &c. (hereinafter called the purchaser), of the other part. Whereas (recite Will or other Instrument under

(a) A conveyance by a wife married prior to the 1st January, 1883, the commencement of the Married Women's Property Act, 1882, must be acknowledged, pursuant to 3 & 4 Will. IV. c. 74., if the property was acquired prior to that date. It is perhaps open to doubt whether a conveyance of property acquired after that date, or held by a woman married after that date, requires to be acknowledged. (See note to sec. 7, Conveyancing Act, 1882.)

T

which the wife became entitled to the freehold). NOW THIS INDENTURE WITNESSETH, that in consideration of £

paid to the vendors by the purchaser for the purchase of the fee simple in the lands hereinafter mentioned, the receipt whereof the vendors do hereby acknowledge, the vendors, as beneficial owners, do by this deed, duly acknowledged by C. B., pursuant to the statute in that behalf, convey to the purchaser, All that (parcels), To hold unto and to the use of the purchaser in fee simple (a).

In witness, &c.

No. 16.

Conveyance of Freeholds by a Husband to his Wife (b).

THIS INDENTURE, made the

day of

18

between A. B., of, &c. (husband), of the one part, and C. B. (wife of A. B.), of the other part, WITNESSETH that, in consideration. of natural love and affection, A. B., as beneficial owner, hereby conveys to C. B., his wife, All, &c. (parcels), To hold unto and to the use of C. B., in fee simple.

In witness, &c.

No. 17.

Deed of Covenant to surrender a Copyhold Estate (c). THIS INDENTURE, made the between A. B., of, &c. (hereinafter called the vendor), of the one

day of

18 "

(a) The usual covenants for title are implied as against the husband, and the wife is deemed to convey by direction of the husband (sec. 7, sub-sec. 3).

(b) By sec. 50, power is given to a husband to convey to his wife alone. It is assumed that such a document will be voidable to the same extent and under the same circumstances as a voluntary settlement made by the husband to a trustee for the benefit of his wife simpliciter. Unless the conveyance is made after the 1st January, 1883, the wife could not afterwards convey, except her husband joined and the deed was acknowledged. Even after that date it may be desirable for a husband to convey to trustees, to such uses, &c., as the wife should appoint, rather than to the wife direct.

(c) A deed conferring the right to admittance to copyhold or customary land is, by sec. 7, sub-sec. 5, declared a conveyance within that section, and the vendor's covenants for title are implied accordingly.

part, and C. D., of, &c. (hereinafter called the purchaser), of the other part, WITNESSETH that, in consideration of £

paid to the vendor by the purchaser for the purchase of the estate and interest in the lands hereinafter mentioned, the receipt whereof the vendor hereby acknowledges, he (the vendor), as beneficial owner, hereby covenants with the purchaser that he (the vendor) will forthwith, at the cost of the purchaser, surrender, or cause to be surrendered into the hands of the lord of the manor of in the county of according to the custom of the said manor, All, &c. (parcels), To the use of the purchaser, in customary fee simple, at the will of the lord of the said manor, according to the custom of the said manor, by and under the suits, services, rents, fines, and heriots therefor due and of right accustomed.

In witness, &c.

No. 18.

Conveyance of Freeholds under a Power of Attorney by the Attorney in his own Name (a).

THIS INDENTURE, made the day of

,

18 between A. B., of, &c. (attorney of E. F. of, &c.), of the one part, and C. D., of, &c. (purchaser), of the other part. Whereas (recite Will, or other document under which property acquired by E. F). And whereas, by an instrument in writing under the hand of E. F., dated

E. F.

duly appointed A. B. to be his true and lawful attorney for him, and in the name of A. B. absolutely to sell the lands belonging to E. F., or any part or parts thereof, at such times and in such manner as A. B. should think proper, and to receive the purchase-money and to give receipts for the same. And whereas A. B. has, by direction of E. F., agreed with the said C. D. for the sale to him of the lands hereinafter mentioned in fee simple for the price of £ (a). NOW THIS

INDENTURE WITNESSETH, that in consideration of £

(a) Unless the deed purports to be made by direction of the beneficial owner, it will be necessary to insert the covenants for title, as an attorney is not one of the class of persons enumerated in sec 7, sub-sec. 4, and covenants for title are implied only as against the persons enumerated.

paid to A. B. as such attorney as aforesaid, by C. D., for the purchase of the fee simple of the lands hereinafter mentioned, of which sum A. B. hereby acknowledges the receipt, A. B., as such attorney as aforesaid, and by the direction of E. F., hereby conveys to C. D., All, &c. (parcels). To hold unto and to the use of C. D. in fee simple (a). In witness, &c.

No. 19.

Conveyance of a Life Estate in Freeholds.

THIS INDENTURE, made the

day of

INDENTURE

18 between A. B., of, &c. (hereinafter called the vendor), of the one part, and C. D., of, &c. (hereinafter called the purchaser), of the other part. Whereas, under and by virtue of (recite Will or other Instrument under which the life estate of A. B. is created), the vendor is entitled to the lands hereinafter described for an estate during his life, without impeachment of waste. NOW THIS WITNESSETH, that in consideration of £ vendor by the purchaser for the purchase of the life estate of the vendor in the lands hereinafter mentioned, the receipt whereof the vendor hereby acknowledges, the vendor, as beneficial owner, hereby conveys to the purchaser, All, &c. (parcels), To hold unto and to the use of the purchaser for the remainder of the life of the vendor. In witness, &c.

paid to the

No. 20.

Conveyance of Freeholds by personal representative of a Deceased Vendor to a Purchaser (b).

day of

18

THIS INDENTURE, made the between A. B., of, &c., administrator of E. F., late of, &c., deceased (vendor), of the one part, and C. D., of, &c. (purchaser), of the other

(a) The covenants for title are, by sec. 7, sub-sec. 2, implied against the owner as the person giving the direction.

(b) By sec. 4 it is provided that the personal representatives have the power to convey the freehold interest of a person who had entered into a contract to sell, but died before completion. The heir or devisee is therefore not a necessary party to this conveyance. (See, however, note to sec. 4, p. 32.)