Vendor and PURCHASES. deeds, conveyances, matters and things whatsoever, [whether by fine or fines, with or without Dower-Trustee, proclamations, common recovery or common re(Modern Form). coveries, deed or deeds enrolled or not enrolled, feoffment, release, confirmation, declaration, limitation or appointment, of or to any use or uses, or other assurance or assurances, of record or not of record], for the further, better and more effectually or satisfactorily limiting, appointing, granting, releasing, confirming, and assuring the same hereditaments, and premises [and every or any part or parcel thereof, with their and every of their respective rights, members, appendances, and appurtenances, and the possession, reversion, and inheritance thereof], unto, "and to and for the use, behoof, and benefit of the said (purchaser), his heirs and assigns," in such manner and form as he the said (purchaser), his heirs or assigns, or his or their counsel in the law (being of the degree of a barrister) shall advise and require, [and prepare and tender (if the nature thereof permit) for his or their signature or execution; so that such further assurance or assurances, or any of them, do not contain nor imply any further or other warranty or covenant, than against or on the part of the person or persons who shall be required to make or execute the same, his, her, or their devisors, ancestors, heirs, executors, and administrators, and his, her, or their own respective acts, deeds, omissions, or defaults; and so that the person or persons, who shall be required to make or exécute any such assurance or assurances, be not obliged to go from Vendor and Dower-Trustee, his, her, or their then place or respective places PURCHASES. of abode for the making or executing the same, without a reasonable and sufficient sum being pre- Modern Form). viously paid, tendered, or secured to him, her, or them, for or in respect of his, her, or their time, trouble, and expenses, which said acts, deeds, and assurances respectively shall be and enure (unless otherwise declared or intended) in corroboration and confirmation of these presents, and of the use, estate, and interest hereby, or intended to be hereby limited and appointed, and granted and released, or otherwise assured (1)], IN WITNESS, &c. Signed, sealed, and delivered in the presence, &c. (2) (1) If there be an outstanding term which is to be assigned, Outstanding or surrendered, see ante, No. XXXI. p. 34. term. If the premises are subject to a rent charge or the like, see Rent charge. Vol. I. p. 212. 427. deeds. If any of the title deeds are retained by the vendor or his pre- Production of decessors in title, add a covenant for their production, or otherwise as directed, Vol. I. No. XVI. p. 183, in notes, and p. 196; and see also post, p. 106, rider (A). For various covenants, provisoes, clauses, &c. to be inserted Provisoes, &c. when required by particular circumstances attending the title, or by agreement of parties, see variations, Vol. I. No. XVI. p. 188, et seq. (2) As to the attestation of a deed in execution of a power, Attestation. see ante, Vol. I. Introduction, p. lxxxvii. * As to the stamp to be impressed, see Vol. I. INTRO- Stamp. DUCTION, p. xcvi. also 4 Elem. Conv. 2d edit. p. 86. As to the execution, receipt for consideration money, &c. &c. Execution, &c. see Vol. I. No. XV. p. 158, n. (82); No. XVI. p. 184, n. (28). et seq.; and see also INTRODUCTION, Vol. I. p. xliv. and lxxxiv. et seq., also 4 Elem. Conv. 2d edit. p. 88, et seq. PURCHASES. Vendor and Dower-Trustee, (Modern Form). (A) Variation by way of addition to the usual Covenant for production of Title Deeds, where the Vendor took to Uses to bar Dower (1). At the conclusion of the usual covenant for production of title deeds. (which see Vol. I. No. XVI. p. 183, and ante, No. XXXI. p. 39), add, AND FURTHER, that if the said (vendor) shall at any time or times hereafter, in exercise of the said power or authority to him limited or given, as hereinbefore is mentioned, appoint and convey the other hereditaments to which the said deeds, evidences, and writings relate as aforesaid, or any of them, to any person or persons, and shall deliver to him, her, or them, the said deeds, evidences, and writings, or any of them, then and in such case he the said (vendor), his heirs, executors, or administrators, shall and will, at the request of the said (purchaser), his heirs or assigns, and the proper costs and charges of the person or persons requiring the same, procure the person or persons to whom the said other hereditaments shall be so appointed and conveyed, and the said deeds, evidences, and writings so delivered as aforesaid, to enter into a covenant with the said (purchaser), (1) These additional covenants are sometimes made in consequence of the power of appointment given to the vendor on the principle before adverted to (see ante, p. 13, n. (1)), namely, that as the estate of the covenantor is not derived from that to which his covenant is attached, such covenant is collateral to and does not run with the estate. In order therefore to secure the fulfilment of the covenants, it is requisite either that they should run with the land, or that others should be given when they cease to be attached to the estate. But as damages only, and not a specific performance, it is apprehended, could be obtained under this any more than the ordinary form, little seems to be gained by the addition. Vendor and his heirs and assigns, similar to the covenant hereinbefore PURCHASES. contained for the production, safe custody, and giving copies of the said deeds, evidences, and writings, or such of them as Dower-Trustee, shall be so delivered as aforesaid: And also that if in such (Modern Form). appointment of such other hereditaments as aforesaid, a general power of appointment shall be limited to the person or persons to whom the same shall be so appointed, and the said deeds, evidences, and writings, or any of them delivered as aforesaid; then and in such case he the said (vendor), his heirs, executors, or administrators, shall and will, at such request, costs, and charges as lastly aforesaid, procure such person or persons to enter into a further covenant with the said (purchaser), his heirs and assigns, whereby such person or persons shall promise and agree to procure, from his, her, or their appointees, covenants with the said (purchaser), his heirs and assigns, similar to those which the said (vendor) hath by these presents covenanted to procure from his appointees, so that all and every the person and persons in whom the said other hereditaments to which the said deeds, evidences, and writings relate as aforesaid, shall for the time being be vested, and who for the time being shall be entitled to have the possession of the said deeds, evidences, and writings, shall be bound by the covenant to or with the said (purchaser), his heirs and assigns, for the production of the same, and for the safe custody and giving copies thereof, in the same manner as the said (vendor), his heirs, executors, and administrators, is and are by the covenants hereinbefore contained liable thereto. PURCHASES. Vendor and Dower-Trustce to Purchaser and Dower-Trustee. No. XXXV. Conveyance of Freehold Premises from Vendor and his Trustee to bar Dower, to a Purchaser and his Trustee for the like Purpose. Concise Form (1). Variations where the Conveyance is to the Purchaser alone. Also where part of the Premises are Copyhold (2). of the first of the of the part, (the vendor's trustee) of, &c. Small purchase. Copyholds. (1) The conveyance from a vendor and his trustee to a purchaser and his trustee to uses to bar dower being now so much in use, I have thought it would be a convenience to the practitioner to have presented to him for small purchases, a more concise form than that given in the preceding No. (XXXIV). This form is that (saving a few very trifling alterations) which was used by the late Mr. Watkins, who was one of the most concise, and at the same time one of the most accurate of our modern draftsmen. (2) It will often be more convenient to have the copyhold part of the premises assured by a separate deed of covenant, in which case see Vol. I. No. XVIII. p. 232, et seq. |