Vendor and

PURCHASES. be, unto the said (purchaser) and his heirs (1), so and in such manner, and] to and for the intent Mortgagee for and purpose, that the residue or remainder which is now to come and unexpired of the said term of years therein, may henceforth, [by way

a Term.

of surrender, release of right, or otherwise,] be and become consolidated with, and merged and extinguished in, the fee simple and inheritance of the hereditaments, hereafter by these presents released and conveyed to him the said (purchaser), and his heirs, and [to this further intent and purpose] that until the said term shall be so merged and extinguished the said (mortgagee), his executors and administrators, shall and may remain and continue possessed of, and interested in the same, in trust to attend the fee-simple, reversion, and inheritance of the said premises, to and for the use and benefit of him the said (purchaser), his heirs and assigns for ever (2). AND

Fee conveyed to a trustee.

Fee first conveyed.

trators, and assigns, shall and do permit and cause the said term and estate, and all legal and equitable benefit and advantage thereof, to be at all times, and from time to time, holden, enjoyed, and disposed of accordingly."]

(1) Sometimes the inheritance is conveyed to a trustee for the purchaser, and the term to the purchaser; but as the term will, in this case, be personal assets on the death of the purchaser, Chapman v. Bond, 1 Vern. 188; Thruxton v. Attorney-General, ib. 340, 2 Ch. Ca. 49; the mode here adopted is the most proper, unless where it is the wish of the purchaser, that the term should be such assets.

(2) Where it is intended that the term should be extinguished, the fee is sometimes conveyed to the purchaser by the vendor in the first instance, and a surrender afterwards made to him of the

Vendor and

a Term.

Covenant by

the mortgagee

that he had

done no act to

incumber.

the said (mortgagee), for himself, his heirs, exe- PURCHASES. cutors, and administrators, DoтH hereby covenant and declare, with and to the said (purchaser) (1), Mortgagee for his heirs and assigns, by these presents, in manner following (that is to say), that he the said (mortgagee) hath not at any time or times heretofore, [either alone or together with the said (vendor) or any other person or persons whomsoever,] made, done, executed, committed, or knowingly omitted, suffered, or occasioned [nor been party or privy to] any act, deed, matter, or thing whatsoever, whereby or by means whereof the messuages, lands, tenements, hereditaments and premises, hereby assigned, or intended so to be, or any part, or the said in part recited indenture of demise, or the said term of years, or

any other estate or interest in the same premises respectively, are, is, can, shall, or may be forfeited, vacated, or become void or voidable, or otherwise impeached, charged, incumbered, or prejudicially affected, in any manner howsoever.

term, by the mortgagee; but as the term will equally merge in the inheritance, upon their uniting in the purchaser, whether the one or the other be first vested in him; and it seems more in order that the mortgagee, who has the legal estate, should first convey; and as this arrangement renders it more easy to adapt the precedent to the variations requisite, where the term is assigned to attend the inheritance, I have adopted this mode in preference to the other.

(1) If the term be assigned to attend, this covenant may be, Term to attend. "With and to the said (purchaser's trustee), his executors,

administrators, and assigns."

Vendor and

PURCHASES. AND THIS INDENTURE FURTHER WITNESSETH, that in further pursuance and performance of the said Mortgagee for hereinbefore in part recited agreement, and in consideration of the sum of £

a Term.

FURTHER

WITNESS.

The vendor in

so paid by the said (purchaser) to the said (mortgagee) as consideration of aforesaid, and for and in consideration of the further sum of of such lawful and current money as hereinbefore is mentioned, being the residue of the said purchase money, or sum of

the residue of the purchase

money.

to the said (vendor) in hand well and truly paid
by the said (purchaser), at or before the sealing
and delivery of these presents, the receipt of
which said sum by him the said (vendor)

and the payment of which said sum of
to the said (mortgagee) by such direction as afore-
said, making together the said sum of

and being in full for the absolute purchase of the fee simple and inheritance, in possession, of and in all and singular the messuages, lands, tenements, and hereditaments, hereinafter described, free from incumbrances, the said (vendor) doth hereby expressly acknowledge [and of and from the same and every part thereof doth acquit, release, exonerate, and for ever discharge the said (purchaser), his heirs, executors, and administrators, and every of them, and also the said lands, hereditaments, and premises, by these presents], Grants and re- he the said (vendor) HATH granted, bargained, sold, aliened, and released, and by these presents DOTH grant, bargain, sell, alien, release, and confirm, unto the said (purchaser) and his heirs,

leases the inheritance.

Vendor and Mortgagee for

a Term.

ALL (1), &c. or by whatever other name or PURCHASES. names, description or descriptions, the said messuages, lands, tenements, and hereditaments, or any part thereof, now are, or is, or heretofore were or was called, known, or distinguished; and also all other the messuages, lands, tenements and hereditaments (if any) comprised in the indenture of bargain and sale for a year, hereinafter referred to; being the same or part and parcel (as the case may be) of the same messuages, lands, tenements, and hereditaments, as were demised by, or described or comprised in the said hereinbefore in part recited indenture of the day of ; TOGETHER with all [houses General appur (2), cut-houses, buildings, barns, stables, coachhouses, dove-houses, yards, cellars, vaults, areas, benefit and advantage of ancient and other lights, ways, paths, passages, gardens, orchards, ponds, waters, land covered with water, water-courses, timber and other trees, woods, underwoods, and the ground and soil thereof, mines, quarries, rights and privileges of common of every kind, and all] and all manner of [other] rights, privileges, easements, appendants, and appurtenances whatsoever, to the said messuages, lands, tenements, heredita

tenances.

(1) As to the mode of describing the parcels, see Vol. I. No. Parcels. XV. p. 128, n. 13; No. XVI. p. 172; and No. XXVII. p. 485,

n. (2). and ante, No. XXXI. p. 6, n. (2).; also 4 Elem. Conv.

2d edit. p. 104.

(2) For general words applicable in different species of pro- General words. perty, see INDEX VOC. GENERAL WORDS.

Vendor and Mortgagee for a Term.

Bargain and

PURCHASES. ments, and premises, or any part thereof belonging, [or in anywise appertaining, or reputed or deemed so to be, or with the same or any of them now or heretofore holden, used, occupied, or enjoyed, except, &c. (1)] (ALL which said messuages, sale for a year. lands, tenements, and hereditaments, are now in the possession of, or legally vested in, the said (purchaser) by virtue of a bargain and sale for a year (2) to him thereof made by the said (vendor) (for five shillings consideration) by indenture bearing date on the day next before the date of these presents, and by force of the statute made. for transferring uses into possession) and the reversion and reversions, remainder and remainders, of and in the said hereditaments and premises, and the rents, issues, profits, and proceeds thereof. AND all the estate, right, title, interest, use, trust, property, possession, possibility, equity, and right of redemption, claim and demand whatsoever, both at law and in equity, of him the said (vendor) in, to, out of, upon, or respecting the said hereditaments and premises, or any part thereof: [TOGETHER With all deeds, muniments and writings whatsoever, in anywise relating to the same premises, or any part thereof, either alone or together with other hereditaments or property of inferior

Grant of title deeds.

Exceptions.

Bargain and sale.

(1) If there be a right of way or other appurtenant to be excepted, insert such exception here. And see of exceptions in deeds, 3 Elem. Conv. 2d edit. p. 108.

(2) See the form of this bargain and sale, Vol. I. No. XIII. p. 110. and No. XIV. p. 117.