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Where the Wife of the Vendor is interested.
CONVEYANCES AND ASSURANCES TO
of a Freehold Estate of the Husband. . With Variations where it is the Estate of the Wife (1). Where she is intitled as a feme sole under a Will or Settlement (2).
Where the Conveyance is made to Uses to bar Dower.
Where there is an Outstanding Term, to be assigned, or surrendered by the Purchase Deed (3).
And other Variations as below (4).
THIS INDENTURE of two parts, made the day of , in the year of the reign, Vendor and
Wife. (1) In addition to the variations here subjoined, where it is the wife's estate, see post, No. XXXI. (A), p. 46; rider (D), p. 42. "
(2) See this variation, rider (D), p. 42, at the end of the pre- Variations. cedent.
(3) For the assignment or surrender of such terms, see Vol. I. Outstanding No. XXVII. p. 401, 418, 424—see also ibid. p. 430, and post, term. rider (B), p. 34.
(4) To prevent the inconvenience which would be occasioned Other varito the practitioner, by referring him perpetually to some other a volume of the work than that before him, such of the variations,
PURChases. &c. and in the year of our Lord , BETWEEN Vendor and (the vendor) of, &c. and his wife,
Wife of the one part, and (the purchaser) of, &c. Recital of of the other part (1). Whereas, (2), &c. And purchase.
WHEREAS the said (purchaser) hath contracted with the said (vendor) (3), for the absolute purchase of
Uses to bar dower.
&c. introduced in the preceding volume, as are likely to be frequently wanted, are here re-inserted.
(1) If the estate is intended to be limited to uses to bar dower, make the husband and wife of the first part, the purchaser of the second part,
“ And A. B.. of &c. a trustee named and appointed for the purposes hereinafter expressed, of the third
If an outstanding term is intended to be surrendered, make the termor of the second part, and the purchaser of the third part.
If it is to be assigned to attend, make the purchaser of the second part, the termor of the third part, and the new trustee of the fourth part, and see ante, Vol. I. No. XXVII. p. 401.
It sometimes happens, under conditions of sale by auction, that the purchaser of a smaller lot is entitled to a covenant from the purchaser of the largest lot, for the production of title deeds delivered to him, in which case, if the covenant be not entered into by a separate instrument, make such largest purchaser a party of the last part.
If the contract were entered into in writing by a friend or agent of the real purchaser, or the purchaser buy of a person who had previously bought but not taken a conveyance, make such agent or prior purchaser a party of the second part, and the purchaser of the third part.
(2) As to where a recital of thể vendor's title is proper, see Vol. I. No. XVI. p. 162, n. (3), also 4 Elem. Conv. 2d Ed. p. 107, and for forms of recitals of different kinds of deeds, &c. see Index voc. Recitals.
(3) If the estate was sold by public auction, make the recital of the contract conformably to Vol. I. No. XVI. p. 163, n. (4).
Sale by auction, &c.
the said messuages, lands, and hereditaments, free purchASES. from incumbrances (other than as' hereinafter is
Vendor and mentioned) at the sum of £ and hath requested Wife. that the same may be conveyed and assured to him in the manner hereinafter expressed. Now THIS INDENTURE WITNESSETH, (1), that in pursuance and WITNESS,
in consiexecution of the said contract, and in consideration deration of the
purchase of the sum of £
(2), of lawful money money. of that part of the United Kingdom of Great · Britain and Ireland called England, to the said (vendor) (3) in hand well and truly paid, by the
If the contract for sale was by agreement in writing, see ib. Prior agree161 notes, 164, n. (5).
ment. If the sale was before a master in chancery, or deputy-re- By order of membrancer, see Vol. I. p. 188, (A).
court. (1) Of the witnessing part of a deed see the notes annexed Witness.. to Vol. I. No. XV. p. 123, et seq.- also 4 Elem. Conv. 2d Ed. p. 98.
(2) If the consideration be of any other kind than money paid Consideration. down at the time of the execution of the conveyance, see Vol. I. No. XVI. p. 167, et seq. in notes. If part of the purchase or consideration money has been pre- Part of con.
sideration previously paid, say,
i viously paid. “For and in consideration of the sum of £ heretofore paid by the said (purchaser) by way of deposit, and in part of the said purchasz money or sum of £ , and of the further sum of £ of lawful money of that part of the united kingdom of Great Britain and Ireland called England, being the residue and in full of the said purchase money, by him in hand well and truly paid to the said (vendor), at or immediately before the scaling and delivery of these presents, (the payment of which two several sums of £ and £ making together the sum of £ , and that the same is in full for the absolute purchase,” &c. as above. (3) If the estate be the wife's, the purchase money may be Wife's estate.