Forms. (d) After the 31st December, 1881, it will be sufficient to use the words "in fee simple" without the word "heirs" in the limitation of an estate in fee simple. Sect. 51. (e) The declaration barring dower can be here inserted if required. Covenants for title by a vendor are implied by sect. 7. (f) This takes the place of the covenants for production of title deeds inserted in documents prior to this Act, (sect. 9). Considering the object stated in note (a), it seems unwise, should the recital be used, to insert this list of documents in the deed itself, and thus furnish means of disproving the recital, and in this case it may be deemed advisable to have an acknowledgment independently of the conveyance. No. 3. Conveyance of Freeholds subject to a Lease for 99 Years. This INDENTURE made the day of between A.B. of &c. [vendor] of the one part and C.D. of and made between [parties] A.B. demised the hereditaments hereinafter mentioned to E.F. for the term of 99 years from the day of then last at the yearly rent of £ and under and subject to the covenants and conditions therein contained Now THIS INDENTURE WITNESSETH that in consideration of £ paid to A.B. by C.D. for the purchase of the fee simple of the hereditaments hereinafter mentioned (of which sum A.B. hereby acknowledges the receipt) A.B. as beneficial owner hereby conveys to C.D. All &c. [parcels] together with the full benefit of the rent covenants and other the benefits and advantages reserved by the said indenture of lease To hold subject to the said indenture of lease unto and to the use of C.D. in fee simple. In witness, &c. Any of the above forms may be obtained of Shaw & Sons, Fetter Lane, London, neatly lithographed on draft paper. No. 4. Conveyance of a Life Estate in Freeholds. This INDENTURE made the day of between A.B. of &c. [vendor] of the 'one part and C.D. of In witness, &c. Forms. No. 5. Conveyance of Freeholds by Two Tenants in Common. day of This INDENTURE made the between A.B. of &c. [the owner of one moiety] of the first part C.D. of &c. [the owner of the other moiety] of the second part and E.F. of &c. [purchaser] of the third part [Recite the will of G.H. devising the property to his two sons A.B. and C.D. in fee simple in equal shares as tenants in common, the death of G.H. and probate of his will] Now THIS INDENTURE WITNESSETH that in consideration of the sum of £ paid by E.F. to A.B. and C.D. for the purchase of the fee simple of the hereditaments hereinafter mentioned (of which sum A.B. and C.D. do hereby Any of the above forms may be obtained of Shaw & Sons, Fetter Lane, London, neatly lithographed on draft paper. Forms. acknowledge the receipt) A.B. as beneficial owner of one moiety of and in the hereditaments hereinafter mentioned And C.D. as beneficial owner of the other moiety of and in the said hereditaments do hereby respectively convey to E.F. All &c. [parcels] To hold unto and to the use of E.F. in fee simple (a). In witness, &c. (a) The covenants implied by sect. 7, relate to cach person conveying as far only as regards the share of subject-matter conveyed by him. No. 6. Conveyance of Freeholds by Husband to Wife (a). This INDENTURE made the day of between A.B. of &c. [husband] of the one part and C.B. WITNESSETH that in paid to A.B. by C.B. out of money belonging to her for her (b) separate (a) Freehold land may by sect. 50, be conveyed by a husband to his wife alone or vice versû. (b) Although a husband can now convey direct to his wife, it is assumed that such a conveyance will be voidable to the same extent and under the same circumstances as an ordinary voluntary settlement by the husband to a trustee for the benefit of his wife, unless there is 'evidence to show that the wife out of money belonging to her for her separate use purchased the Any of the above forms may be obtained of Shaw & Sons, Fetter Lane, London, neatly lithographed on draft paper. lands from her husband for a sum reasonably equivalent to its Forms. money value. Apparently section 50 does not do away with the necessity of the husband's concurrence in a conveyance by the wife to another person, although the property was conveyed by her husband to her for her, separate use. On the question of consideration see Dart 5th Edit. 890. It may be mentioned that there is no use in stating imaginary considerations; it is true that sect. 55 makes the receipt for consideration "sufficient" evidence in favour of a subsequent purchaser without notice, but then as the law stands a voluntary conveyance cannot be avoided against a purchaser for value with notice that his vendor is a volunteer. The mere absence of expressed consideration will not make the conveyance inoperative; so long as the words "to the use of" the grantee are inserted, the use cannot result. See notes to Tyrrell's Case, Tudor's Leading Cases. Quare whether this is not also the case by virtue of sect. 50. The formalities prescribed by the Fines and Recoveries Act must still be observed in conveyances by a married woman. No. 7. Conveyance of Freeholds by a Mortgagee, Mortgagor not joining. This INDENTURE made the day of day of Whereas by an inden- between A.B. of &c. [mortgagee] of the one part and C.D. TURE WITNESSETH that in consideration of £ Any of the above forms may be obtained of Shaw & Sons, Fetter Lane, London, neatly lithographed on draft paper. Forms. A.B. hereby acknowledges) A.B. as mortgagee (c) and in exercise of the power of sale vested in him by the said indenture hereby conveys to C.D. All &c. [parcels] To hold the same unto and to the use of C.D. (d) in fee simple (e) discharged from the equity of redemption and all claims under the before-mentioned indenture (ƒ). In witness, &c. (a) If the mortgage is made in the statutory form the proviso for redemption is by sect. 26 implied in the mortgage deed. (b) The mortgage deed recited in this conveyance is assumed to be one made after the 31st December, 1881. If the mortgage is of a prior date, the power of sale, &c., contained in the mortgage deed should be in recital. (c) When the conveyance is made in professed exercise of an implied power of sale the purchaser is protected by sect. 21 (2). (d) Sect. 51. (e) Sect. 7. (f) A covenant against incumbrances by the mortgagee is implied under sect. 7, sub-sect. 1 (F). the No. 8. Conveyance of Freeholds by a Mortgagee and Mortgagor. day of This INDENTURE made the between A.B. of &c. [mortgagor] of the first part C.D. of &c. [mortgagee] of the second part and E.F. of &c. [purchaser] of the third part Whereas by an indenture dated day of and made between A.B. of the one part and C.D. of the other part the hereditaments hereinafter mentioned were conveyed by A.B. to C.D. in fee simple by way of mortgage for securing £ interest (a) And whereas the said principal sum of £ remains due but all interest thereon has been and Any of the above forms may be obtained of Shaw & Sons, Fetter Lane, London, neatly lithographed on draft paper. |