COVENANTS. Jointure Partial jointure not to prejudice subsequent aug mentation, Power of changing securities. or equitably required, make, do, execute, and perfect all and (rent-charge). every or any such further or other act, deed, matter or thing whatsoever, in confirmation of these presents and the true intent and meaning thereof, as the trustees or trustee hereof, for the time being, or as she the said (intended wife), or her or their counsel in the law, being of the degree of a barrister, shall lawfully or reasonably require or advise: PROVIDED ALWAYS, that the grant, limitation or appointment of such jointure or jointures, or rent-charge or rents-charge by way of jointure, as hereinbefore is mentioned to be made at any one or more time or times by the said (intended husband), shall not be construed to hinder or prevent him at any time or times thereafter, from granting, limiting or appointing any further or other yearly rent-charge or annual sum, or yearly rents-charge or annual sums, to the use of the said (intended wife) and her assigns, by way of jointure, pursuant to the hereinbefore recited power, or other the power or authority enabling him thereunto. PROVIDed ALWAYS, and it is hereby further declared and agreed by and between the partics hereto, that it shall be lawful for the said (trustees) and the survivor of them, and the executors and administrators of such survivor, and their or his assigns, at any time or times, and from time to time, with the approbation or consent of the said (intended husband), during his life, and of the said (intended wife) after his decease, in case she should survive him, to be signified by some writing under his or her hand, and after the decease of the survivor of them at or by the proper authority or sole discretion of the said trustees or trustee, during the minority of any child or children of the said marriage entitled under or by virtue of the trusts aforesaid to any of the said monies, funds or securities, to transfer, change or vary the same monies, funds and securities, or any of them or any part thereof as and when the same shall be deemed expedient, so that all and every the said new funds and securities, and the dividends, interests and proceeds thereof, shall at all times be upon, under and subject to such and the same trusts, powers, declarations and agreements, and for the same ends and purposes, as are hereinbefore declared or expressed of or concerning the former funds or securities, or such and so many of them as shall from time to time be existing or capable of taking effect: PROVIDED ALWAYS, and it is hereby agreed and declared by and between the parties to these presents, that if the said (trustees) or either of them, or any future trustees or trustee to be appointed in pursuance hereof, shall happen to depart this life or be desirous to be discharged from the trusts hereby in him or them reposed, at any Power to ap point new trus. tees. time or times before the same shall take effect, or shall be fully performed or otherwise determined, then, and in every such case, it shall be lawful for the said (intended wife), if such vacancy in the said trusteeship shall happen during her life-time, by any writing under her hand, notwithstanding her coverture, and if the said (intended wife) shall have departed this life, then for the said (intended husband), if living, and after the decease of the survivor of them, for the surviving or continuing trustees or trustee, or the executors or administrators of the survivor of them, under their or his hands or hand, to nominate any other person or persons to be and act as trustees or trustee in the room of him or them so departing this life or desiring to be discharged from the said trusts, and so from time to time, when and as often as any such vacancy shall happen, and upon every such appointment all and singular the said trust-monies, funds, and securities, or so much and such parts thereof as shall not have been previously disposed of under or by virtue of the said trusts, shall immediately thereafter be so assigned, transferred and assured, as that the same may be vested in the surviving or continuing trustee, together with such newly appointed trustee or trustees, or in such newly appointed trustees alone, as the case may require, as of or for the same or like estate and interest, and for and upon the same or like trusts, intents, and purposes, and with, under and subject to the same or like power and authorities as are hereinbefore declared or expressed concerning the same monies, funds, and securities, or such of them as shall be then subsisting or capable of taking effect: PROVIDED ALSO, [usual clause of indemnity to the trustees] (1). IN WITNESS, &c. (1) See ante, MOD. PREC. Vol. VII. p. 389. 3d ed. COVENANTS. Jointure (rent-charge). COVENANTS. Procure (assignment of term). No. CCCXVI. *Deed of Covenant to procure an Outstanding Term to be as signed (1). Recitals. WITNESS. Covenant to procure assignment. THIS INDENTURE made our Lord 18 BETWEEN the (vendor or other grantor of the inheritance) of, &c. of the one part, and the (purchaser or other grantee) of, &c. of the other part. WHEREAS, &c. [recite the deed by which the inheritance was conveyed, and the term created.] AND WHEREAS the trusts of the said term of years, created or have long since raised by the said in part recited indenture of (1) A covenant for this purpose, and for remedying other defects or supposed defects in a title, are often inserted in the conveyance of the premises to which such defect belongs; but this should never be done where it can be avoided, see ante, Mon. PREC. Vol. I. p. 401, n. (1), 3d ed. as it necessarily exposes upon the title a stain which in the opinion of a future purchaser or other, transferree may or may not be delible, as it follows that a deed of this kind ought not to be made by indorsement on the conveyance. See also ante, MOD. PREC. Vol. I. p. 430. COVENANTS. Procure (assignment of term). attendant. thereafter as is or shall be practicable, cause and procure the residue which shall be then to come and unexpired by effluxion of time of the said term of years raised or created in or by the hereinbefore in part recited indenture mentioned to bear date on or about the day of in all and singular or so much and such parts of the premises therein comprised, as are hereinbefore granted and released, or otherwise assured or intended so to be, to be legally and effectually assigned by the person or persons in whom the same residue shall be or appear to be vested or resident, unto or otherwise vested in, him the said (grantee), his heirs and assigns, or unto such other person or persons, and for such ends and purposes as he or they shall lawfully and reasonably direct or require concerning the same: AND that in the mean time, and until such assignment shall be made In mean time and perfected, the person or persons in whom the residue for the term to be time being of the said term shall or may be vested, shall for and during all the now and then residue thereof, stand and be possessed of and interested in so much and such parts of the premises therein comprised as are hereinbefore granted and released, or otherwise assured as aforesaid, in trust for the said (grantee), his heirs and assigns, [if a mortgage add, subject only nevertheless to such or the like equity of redemption in or concerning the premises as in or by the said in part recited indenture of release is declared or expressed concerning the same,] and to be assigned and disposed of as he or they shall direct or appoint, and in the mean time, and until such direction or appointment shall be made, in trust to attend the reversion and inheritance of the said premises expectant upon the determination of the said term, in order to protect the same from all mesne charges and incumbrances if any such there be, and upon or for no other trust, intent or purpose whatsoever. AND further, that in case Administration no such assignment as aforesaid can be obtained within the said to term. space of calendar months, he the said (grantee), his heirs or assigns, shall or lawfully may obtain letters of administration of or to the said term, for the then residue thereof to be granted to him or them, or to such person or persons, and for such ends and purposes as aforesaid, at the cost and expence in all things of him the said (grantee), his heirs or assigns, which he or they shall and will well and truly pay or cause to be paid within the space of next after demand shall be to him or them made thereof (1). IN WITNESS, &c. (1) Here may be added a clause of indemnity as post. p. 407, n. (1). Indemnity. COVENANTS. Procure (conveyance of fee). No. CCCXVII. *Deed of Covenant to procure a conveyance of an Outstanding Legal Fee (1). Recitals. WITNESS. Covenant to procure the fee. day of in the THIS INDENTURE made the year of our Lord 18 BETWEEN (the vendor or other grantor · of the inheritance) of, &c. of the one part, and the (purchaser or other grantee)- of, &c. of the other part. WHEREAS, &c. [recite the deduction of the legal estate into the person to whom it has been lastly traced, and the conveyance of the equitable inheritance to the present purchaser or other grantee.] AND WHEREAS the heir at law of the said (last legal possessor) in and to whom the legal estate in fee of or in the said hereditaments was so conveyed or vested as aforesaid, cannot at present be ascertained, and the said (vendor or other grantor) hath agreed to enter into, and the said (purchaser or other grantee) to accept of such a covenant for getting in the same as hereinafter is expressed. Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and for the considerations in the said lastly in part recited indenture mentioned, He the said (grantor) DoтH hereby for himself, his heirs, executors and administrators, covenant, promise and agree, with and to the said (grantee), his heirs and assigns, that he the said (grantor) his heirs, executors or administrators, shall and will within the space of calendar months from the day of the date of these presents, at his or their own proper costs and charges, cause and procure the person and persons in whom, as heir or heiresses at law of the said (testator) deceased or otherwise, the legal estate of or in the hereditaments hereinbefore granted and released, or otherwise assured or intended so to be, now is or shall then be vested, to con (1) See ante, p. 398. n. (1). |