Page images
PDF
EPUB

This form implies a covenant for title on the part of the wife that notwithstanding any thing by her &c., she has &c., and also a covenant for title by the husband that notwithstanding any thing by him &c., he has &c., and also a covenant by him in the same terms as the implied covenant of the wife, namely, "That notwithstanding any thing by her &c., she has " &c.

This form is applicable to the ordinary case of a conveyance by husband and wife of the wife's freeholds not settled to her separate use, and the deed must be acknowledged by her under 3 & 4 Will. 4, c. 74, ss. 77, 79.

PURCHASE

DEEDS.

CONVEYANCE BY TENANTS IN COMMON. (Witnessing part.) 1. NOW THIS INDENTURE WITNESSETH that in consideration of &c., A. as to the one undivided moiety to which he is entitled and as BENEFICIAL OWNER, and B. as to the other undivided moiety to which he is entitled and as BENEFICIAL OWNER, hereby conveys unto &c.

This form implies covenants by A. and B. severally each as to his own moiety.

No. V.

TENANTS IN

COMMON.

Several covenant as to

each moiety.

2. NOW THIS INDENTURE WITNESSETH that in consideration of &c., each of them, A., B., C., &c., as to the undivided share to which he is entitled as herein before recited, and AS BENEFICIAL OWNER, hereby conveys &c.

This implies a several covenant by each as to his share shewn by recital.

No. VI.

Several covenant as to

recited shares.

CONVEYANCE BY JOINT TENANTS. (Witnessing part.) 1. NOW THIS INDENTURE WITNESSETH that in consideration, &c., A. AS BENEFICIAL OWNER, and also B. As BENEFICIAL OWNER, hereby convey unto &c.

This form implies covenants by A. and B. severally each as to the entirety. As to when a purchaser is entitled to joint and several covenants, see note to Precedent X.

No. VII.

JOINT

TENANTS. Several covenant as to entirety.

PURCHASE

DEEDS.

2. NOW THIS INDENTURE WITNESSETH &c., that each of them, A., B., and C., as to his own undivided share No. VIII. to which he is entitled as herein before recited, and as BENEFICIAL OWNER, and also by the direction of each of the others of them directing AS BENEFICIAL OWNER, hereby conveys unto &c.

Several covenant as to

entirety.

This implies a several covenant by each as to the shares of the others as well as his own: C. A. s. 7 (2); and gives in another form a several covenant as to the entirety.

No. IX.

3. NOW THIS INDENTURE WITNESSETH that in consideration of &c., A. and B., AS BENEFICIAL OWNERS do as to entirety. hereby convey.

Joint covenant

This implies a joint covenant by A. and B. as to the entirety that notwithstanding anything by them &c., they have full power &c.

No. X.

Joint and

several covenant.

4. NOW THIS INDENTURE WITNESSETH that in consideration of &c. A. and B. AS BENEFICIAL OWNERS do and also each of them AS BENEFICIAL OWNER and by the direction of the other of them DIRECTING AS BENEFICIAL OWNER doth hereby convey unto &c.

This implies a joint covenant by A. and B. as to the entirety that notwithstanding anything by them &c., they have full power to convey &c., and also a several covenant by each that notwithstanding anything by him &c., he with the concurrence of the other has full power to convey &c.

Where the sale is made without any special agreement as to covenants it is conceived that the purchaser is entitled to the joint and several covenants by all tenants in common as to the entirety.

No. XI.

TENANT FOR

LIFE AND RE-
MAINDERMAN.

CONVEYANCE BY TENANT FOR LIFE AND REMAINDER-
MAN. (Witnessing part.)

NOW THIS INDENTURE WITNESSETH that in consideration of &c., each of them A. and B. AS BENEFICIAL

OWNER, and by the direction of the other of them DIRECTING AS BENEFICIAL OWNER, hereby conveys unto &c.

In this form a several covenant is implied by each as to the entire fee that notwithstanding anything by him &c., he with the concurrence of the other has full power to convey &c.

The covenant of each of them severally may if desired be restricted to his own estate, so far as regards the tenant for life by a proviso similar to that in the Precedent, No. II., and so far as regards the remainderman by the following proviso

PURCHASE
DEEDS.

No. XI.

covenants

remaiderman.

PROVIDED ALWAYS, that so far as regards the life estate Proviso of A. [tenant for life] in the said hereditaments intended restricting the to be hereby conveyed, and the title to and further of the assurance of the same hereditaments during his life the covenant by B. [remainderman] in these presents implied by statute shall not extend to the acts, deeds, or defaults of any person other than and besides B. and his own heirs and persons claiming or to claim under or in trust for him, them, or any of them.

For an ordinary CONVEYANCE of FREEHOLDS BY MORTGAGOR AND MORTGAGEE, see C. A. 4th Sched. Form III., and Preced. I., ante.

FREEHOLDS.

No. XII.

power

of

FREEHOLDS.

CONVEYANCE of FREEHOLDS by the EXECUTOR of the SUR-
VIVOR of DECEASED MORTGAGEES under the
sale conferred by the C. A.

THIS INDENTURE made &c. 1883, Between X. of &c. Parties.
[vendor] of the first part and B. of &c. [purchaser] of the
other part.

WHEREAS by an Indenture dated &c. 1882, and made Recital. between A. of the one part and M. and N. (both since Mortgage. deceased) of the other part, the hereditaments hereinafter mentioned were conveyed by A. as beneficial owner to the use of M. and N. in fee simple by way of mortgage for securing payment by A. to M. and N. of £1000

[ocr errors]

PURCHASE
DEEDS.

No. XII.

Death of mortgagees and will of survivor.

That principal

and interest

due.

Testatum.
Conveyance.

Parcels.

Habendum.

Conveyance under power

advanced by them on a joint account to A. with interest on the day therein mentioned and since passed:

AND whereas M. died on &c. 1882, and N. died on &c. 1883, having by his will dated &c. appointed the said X. his sole executor who proved the same in the Principal Probate Registry on &c.

AND whereas the said sum of £1000 and an arrear of interest thereon are still due to the said X. as such executor as aforesaid upon the herein before recited indenture:

NOW THIS INDENTURE WITNESSETH that in consideration of the sum of £2000 paid to X. by B. for the purchase of the fee simple of the hereditaments hereinafter mentioned, the receipt of which sum X. hereby acknowledges, X. AS THE PERSONAL REPRESENTATIVE of N. deceased, hereby in exercise of the power of sale conferred by the Conveyancing and Law of Property Act, 1881, conveys and releases unto B. All that &c.

TO HOLD unto and to the use of B. in fee simple discharged from all money secured by and all claims under the said recited indenture.

In witness &c.

The mortgage estate devolves upon the executor of the last surviving mortgagee under C. A. s. 30, with the right to exercise the power of sale, which is by s. 19 made incident to the estate of mortgagees under a deed executed after 1881.

Covenant F of the C. A. s. 7 (1) is implied by the executor.

The conveyance must be made in professed exercise of the power of sale conferred by the C. A. in order to give to the purchaser the protecby mortgagee. tion of s. 21 (2) against irregularities in the sale.

of sale in C. A.

Where "the

said" may be

omitted.

Quantity of

estate not

defined on the premises.

[ocr errors]

The words the said " may be conveniently omitted where there are no recitals, or where a person, not a party, has been previously mentioned.

Following the forms in the 4th schedule of the C. A. (which by s. 57 are declared to be sufficient) the "premises" (the part preceding the habendum) need not contain words of limitation; the estate to be taken may be defined only in the habendum. This is a return to the original office of the premises. The practice of limiting the estate both in the premises and in the habendum is stated by Sheppard in his Touchstone to be improper, though it has been generally adopted: Shep. Touch. by Preston, c. v. p. 74.

CONVEYANCE OF LEASEHOLDS. (Witnessing part.) [For recitals and ultimate devolution of lease, see PRECED. Nos. XIV. and XVI. post.]

PURCHASE
DEEDS.

No. XIII.

LEASEHOLDS.

A. and B.

NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement, and in consideration of &c., the said C. A. s. 7 (1), A. B. AS BENEFICIAL OWNER hereby conveys unto C. D. All the said premises demised by the herein before recited lease [which premises are now known as (add if necessary a modern description)]

TO HOLD to C. D. during the residue of the term granted by the said lease at the rent and subject to the lessee's covenants and the conditions by and in the said lease reserved and contained and henceforth to be paid and observed [add covenant by purchaser to pay rent, &c., Form No. 1, ante]. In witness &c.

This form implies the covenants by the vendor, C. A. s. 7 (1), A. and B.

The words "executors, administrators, and assigns," usually added Why executors, in assignments of leaseholds are superfluous; the executors or ad- administrators, and assigns ministrators take the personal estate of the assignee at Common Law, omitted. and the word "assigns" is not a word of limitation and has no effect: Williams, R. P. 145, 12th ed.; Osborne to Rowlett, 13 Ch. D. 777, per M. R.

The word "absolutely" may be used as an absolute assignment of personalty, and where the assignment is for a limited interest, as in leaseholds, the habendum may express that interest.

CONVEYANCE OF FREEHOLDS AND LEASEHOLDS TO THE NO. XIV. USES AND UPON THE TRUSTS OF A WILL.

[blocks in formation]

FREEHOLDS AND LEASE

[merged small][ocr errors][merged small]

between C. S. of &c. [mortgagee], of the first part, A. H. Parties.
of &c. [vendor], of the second part, H. D. of &c. [tenant
for life], of the third part, and E. L. of &c., and L. P
of &c., of the fourth part :

Whereas A. H. is seised in fee simple of the freehold hereditaments hereinafter mentioned and conveyed by the first witnessing part of these presents:

And whereas by an indenture dated the 1st day of

Recitals.

Seisin of the

freeholds by A. H.

« PreviousContinue »