Parties. Convey. ance to purchaser and his successor. modification of implied covenants. XXXI,-CONVEYANCE TO CORPORATION SOLE. THIS INDENTURE made, &c., BETWEEN A of, &c. (vendor) of the one part, and the Right Reverend Father in God James Bishop of (hereinafter called The Bishop of (purchaser) of the other part. (Recitals, &c. to the (here describe parcels) To hold to and to the use of the Bishop In witness, &c. Parties. XXXII.-CONVEYANCE TO CORPORATION Aggregate. THIS INDENTURE made, &c., BETWEEN A of, &c. (vendor) of the one part, and the Company, Limited (hereinafter called the Company (purchaser) of the other (a) Do the words a covenant "by the person who conveys with the person to whom the conveyance is made," s. 7 (b) S. 51, 44 & 45 Vict. c. 41, ante, p. 407 does not in our opinion alter the former mode of limiting an estate in fee simple to a corporation; that mode in the case of corporations sole required the use of the word "suc cessors"; cf. Co. Litt. 94 b. (c) Cf. ss. 7 (7), 58, 44 & 45 Vict. c. 41, ante, pp. 341, 411. We insert the proviso ex meliori cautela. other part (recitals, &c. to the end of the receipt as in Precedent XVII., substituting the words the Company for the letter B, and then proceed) A as beneficial owner hereby conveys to the Convey Company All that, &c. (here describe parcels) To hold to and corporation to the use of the Company and their assigns for ever (a). In witness, &c. XXXIII-CONVEYANCE BY A CORPORATION SOLE OR AGGREGATE. ance to aggregate. Precedent XVII. may be adapted subject to the following modifications-viz., for A as Vendor substitute the Body Corporate described as in Precedents XXXI., XXXII., and when the conveyance is by a corporation sole vary the implied covenant for title by proviso as follows:-PROVIDED ALWAYS that the Modificacovenants implied by law on the part of the Bishop of implied in hereby conveying as beneficial owner shall bind the successors and not the heirs of the said Bishop of (b). In witness, &c. XXXIV.—Conveyance varying STATUTORY IMPLICATIONS (c). tion of covenants. THIS INDENTURE made, &c., BETWEEN A of &c., and Parties. B of &c. (coparceners) of the first part, C of &c. (widow ་་ (a) It is unnecessary to add the word 11 (b) S. 59, 44 & 45 Vict. c. 41 does (c) In this Precedent we attempt to exemplify the manner in which any modifications of the stipulations implied by statute may be introduced; the preceding conveyances may, if necessary, be modified by adaptation from the clauses here applied. entitled to dower) of the second part, and D of &c., E of &c., and F of &c. (purchasers as tenants in common) of the third in the county of Recital of part. WHEREAS X, late of death of ancestor, then seised of the hereditaments hereinafter mentioned for an estate in fee simple in possession and leaving him surviving of title of his widow C and two children only namely A and B AND Vendors, as coparceners WHEREAS A and B are entitled as co-heiresses-at-law of X, subject to dower, widow's subject to the dower of C to any freehold estates of inheritance and as to which X died seised and intestate (a) AND of supposed WHEREAS it is supposed that the hereditaments hereinafter revocation mentioned were devised by X to either A or B, but that such devise was subsequently duly revoked by X AND WHEREAS tainty as to terms of devise and thereof, of uncer devise and there are at present no means of ascertaining the terms revocation, or fact of the said supposed devise or revocation AND of agree- WHEREAS A, B, and C have agreed to join in selling the said hereditaments, with the exception of such easements and ment to sell with the exception of certain such estate as has descended. easements, appurtenances as are hereinafter excepted, to D, E, and Fin equal undivided shares, as tenants in commou, for such estate. right, title, or claim as may have passed or become vested in them the said A, B, and C by the intestacy of X, but not for any estate or interest which may have been devised by X or acquired by A, B, and C otherwise than on such intestacy as aforesaid (b) NOW THIS INDENTURE WITNESS ETH Conveyance by coparceners. that in consideration of £ (a) As to devolution of trust and (b) This provision is intended to paid to A and B by D, E, and A and B hereby acknowledge the restrict the implication of the "all estate clause" (s. 63, 44 & 45 Vict. e. 41, ante, p. 415) to such estate as has been acquired by descent. receipt, A and B as beneficial owners hereby convey, according to the respective estates and interests taken by them as coparceners, but in respect of no other estate or interest (a), to the said D, E, and F All that (here describe parcels) subject to C's right and title to dower Except and reserving out of the conveyance intended to be hereby made the right of way and the right over the adjoining close known as as ance and of using and drawing water from the neighbouring well known which said rights of way and user have hitherto appertained and been appurtenant to the said hereditaments (b) To hold to and to the use of D, E, and F in equal undivided shares as tenants in common in fee simple AND THIS INDENTURE ALSO WITNESSETH that in Conveyconsideration of £ paid to C by D, E, and F, of which release by sum C hereby acknowledges the receipt, C as beneficial owner for the purpose of releasing and extinguishing any dower or right of dower she may be entitled to in the said hereditaments hereby releases to the said D, E, and F (c) All and singular the hereditaments and premises hereinbefore expressed to have been hereby conveyed To hold to and to the use of D, E, (a) The object of this clause is to restrict the implied covenants for title to the precise subject conveyed; cf. 8. 7 (1), 44 & 45 Vict. c. 41, ante, p. 333. (b) We are here furnishing only a rough example of the mode in which the sweeping implication of "general words" (s. 6 (4), 44 & 45 Vict. c. 41, ante, p. 332) may be curtailed; of course, some particularity would be required in practice in describing the excepted easements. (c) Until dower is actually assigned, a widow does not acquire any estate which can properly be the subject of conveyance. She has, until such assignment, merely a right or title to dower which she may extinguish by release; to be valid, such release should be made to a person having an actual estate in the land; hence, it is supposed that the purchaser has acquired the estate of the coparcener by the first testatum when the widow executed the conveyance; cf. Park on Dower, 212, 213. widow entitled to dower. Covenant by Vendor to compensate purchaser on ouster. and F in equal undivided shares as tenants in common in fee simple, freed and discharged from any dower, right, title, or claim to dower which she C may have or demand in or to the said premises AND THIS INDENTURE ALSO WITNESSETH that A, B, and C hereby jointly and severally covenant with D, E, and F, and with every two of them and with every one of them, that they, A, B, and C, or some or one of them, will, in the event of D, E, and F, or any of them, being ousted from the said hereditaments by a devisee of the late X within twelve years from the execution of these presents (a), repay to D, E, and F, or their respective assigns (b), the sum of £ In witness, &c. Parties. XXXV.-CONVEYANCE OF LEASEHOLDS FOR LIVES. THIS INDENTURE made, &c., BETWEEN A of, &c. (vendor) of the one part, and B of, &c. (purchaser) of the other part, and supplemental to an indenture dated the day of and expressed to be made between X of the one Recital of part and A of the other part (c) WHEREAS the hereditaments hereinafter described were by the said indenture granted by X to A, his heirs and assigns, during the lives of P, Q, and R, and the life of the survivor of them (d), subject to the grant, (a) In the absence of disabilities, a devisee to whom the estate was de- payment to the survivor would suffice. S. 61, 44 & 45 Vict. c. 41, ante, p. 413. (c) Cf. S. 53, II 4th Sch. 44 & 45 Vict. c. 41, ante, pp. 408, 436. (d) As to estates pur autre vie, cf. (b) In the absence of these words, ante, pp. 12, 44, 148-151. |