Trustees for
Sale.

PURCHASES. under, or in trust for him, them, or any or either of them, or by or through their, or any or either of their acts, defaults, means, consent, or privity (1). AND moreover, [add covenant by the owner of the inheritance for further assurance] (2). +IN WITNESS (3), &c.

Premises charged with debts, &c.

Application of purchase money.

Production of deeds.

(1) If the premises be on lease, see ante, No. XXXI. p. 27. (2) For the form of this covenant, see ante, No. XXXVII. p. 164.

(†) If part of an estate charged with the payment of debts, legacies, &c. is sold, the incumbrances remaining either wholly or in part undischarged, there should be a declaration at the end of the conveyance, that these incumbrances shall continue chargeable upon the premises remaining unsold, "to the intent and purpose that the purchased lands may be exempted, exonerated, and indemnified against these incumbrances ;" and if these are by will to be raised under the trusts either of the legal estate or of a term of years, the trustee must join in conveying the fee to the purchaser, or must assign the term to his trustee to attend the inheritance, and the deed must contain a declaration "that the trustees shall stand seised or possessed of that part of the estate which remains unsold; in trust by the ways and means in the will mentioned to raise and levy the annual and other sums of money thereby directed to be raised, and to apply the same according to the trusts of the will, to the intent that the purchased premises may thereby be discharged and indemnified from those incumbrances.

And if there be no estate vested in the trustee as to the part remaining unsold a term should be limited in that part to a trustee nominated by the purchaser, in trust to raise and pay those incumbrances, and to indemnify the purchaser, and the lands purchased by him, with the usual proviso, that when all the trusts of the term are performed or satisfied it shall cease.

If the purchaser be not indemnified by the clauses of the trust deed, from seeing to the application of the purchase money, a proviso may be added to indemnify him against its misapplication, as post, rider (A), p. 226.

(3) If any of the title deeds are retained by the vendor or his

Trustees for
Sale.

predecessors in title, add a covenant for their production or other- PURCHASES. wise as directed, Vol. I. No. XVI. p. 183. in notes, and p. 196. For various covenants, provisoes, clauses, &c. to be inserted when required by particular circumstances attending the title, or by agreement of parties, see variations, Vol. I. No. XVI. Provisoes, &c. p. 188, et seq.

**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, attestation, receipt for consideration Execution, &c. money, &c. &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.

VOL. II.

PURCHASES.

Trustees for
Sale.

Indemnity against appli cation of purchase money.

Covenant by trustees duly to apply the purchase money.

(A) Variation where the Purchaser is not exempted from seeing to the Application of the Purchase Money.

"AND WHEREAS some doubts have arisen respecting the competency of the authority vested in the said (trustees) by the said in part recited indenture to give a complete discharge to a purchaser of the premises, intended to be hereby conveyed, so as to exonerate him from seeing to the application thereof, the said (trustees) have proposed to give, and the said (purchaser) has agreed to accept of such covenant for the due application of the same, as hereinafter is expressed. Now THEREFORE THIS INDENTURE FURTHER WITNESSETH,

that in pursuance of the said last mentioned agreement, and
in consideration of the premises, they the said (trustees) for
themselves severally and respectively, and for their several
and respective heirs, executors, and administrators, Do and
each of them DoтH covenant, promise, grant, and agree,
with and to the said (purchaser) his heirs and assigns, by
these presents in manner following, (that is to say) that they
the said (trustees) or some or one of them, their, or some or
one of their heirs, executors, or administrators (1), shall and
will forthwith pay and apply the said sum of £ so paid
to them by the said (purchaser) for the purchase of the said
premises, as aforesaid, in or towards the payment of the said
several portions and other sum and sums of money, so
directed to be paid and applied in or by the said in part re-
cited indenture, and in and for answering other the lawful
trusts and purposes of the same indenture, AND further that
they, or some or one of them, shall and will at all times, and
from time to time, within the space of
years now next
hereafter at the reasonable request of the said (purchaser)
his heirs or assigns, state and set forth in writing, the

(1) See a more several form of covenant by trustees, ante, p. 215 and 216, n. (1).

Trustees for
Sale.

manner and purposes in and for which such purchase- PURCHASES. money hath been paid or applied, and produce and show forth receipts or other sufficient vouchers and documents of or concerning the payment and application thereof, to the end that it may appear, whether and to what extent the said (purchaser) his heirs, executors, and administrators, and the said hereditaments and premises are then actually freed and discharged from the trusts of the same indenture. AND FURTHER, that they the said (trustees) or some or one of them, their, or some or one of their heirs, executors, or administrators, shall and will from time to time, and at all times, for the space of years next hereafter, at his and their own proper costs and charges, defend and absolutely save harmless, and keep indemnified the said (purchaser) his heirs, executors, administrators, and assigns, and also all and singular the said hereditaments and premises, and every of them, of, from, and against all and every the trusts, de clared or expressed in and by the said in part recited indenture of or concerning the same premises or any of them, and of and from, and against all and every or any misapplication or non-application of the said purchase-money, or any part thereof. AND ALSO of, from and against all and every action and actions, suits, costs, charges, losses, damages, and expenses whatsoever, whether already incurred, instituted, or depending, or which shall or may hereafter be incurred, instituted, or be depending or had or recovered, against them the said (trustees) or any or either of them, their, or any or either of their heirs, executors, or administrators, or the said (purchaser) his heirs, executors, administrators, or assigns, for or on account of the said trusts, portions, sum or sums of money, or any of them, or other matter or thing in any wise relating thereto, or to any of them." IN WITNESS, &c.

PURCHASES.

Trustees under a

Power.

No. XLI.

Conveyance by Trustees by virtue of a Power of Sale contained in a Marriage Settlement or Will [and celles que trusts] to a Purchaser (1).

Also where the Conveyance is made to uses to bar
Dower, &c. &c. as in margin below.

THIS INDENTURE, of

parts, made the

Parties.

Life.

Reversion, &c. Equity of redemption. Moiety, &c.

Celles que

trust.

part, the tenants for life, or other celles que trusts (2),
of, &c.
of the second part, and (the

(1) If the subject of the conveyance be an estate for life, see Vol. I. No. XXIII.

If a remainder or reversion, see ib. No. XXIV.

If an equity of redemption, see ib. No. XXV.

If a moiety or other undivided part, see ib. No. XXVI.

(2) The celles que trusts are not necessary parties, where the purchaser discharged from seeing to the application of the purchase money, unless their consent is expressly required by power; they are however usually made parties for the reasons given in a preceding note, see ante, No. XL. p. 204, n. (1).