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together with other hereditaments or property, by PURCHASES. or between the parties to these presents, or any or either of them, or whereunto they or any or Wife. either of them, are or is, or have or has been, or shall or may be parties or privies, or party or privy, shall be and enure, [and shall at all times, and from time to time be construed, deemed, and taken to be and enure, and the same is and are, and was and were meant and intended to be and enure, and the person or persons to whom the said fine or fines and other assurances respectively have or hath been or shall or may be levied, made, or executed, shall] as to all and singular the messuages, lands, tenements and hereditaments, by these presents granted and released, or otherwise assured or intended so to be, stand and be «seised thereof (save only so far as may otherwise be lawfully declared of the same), “ to the use and behoof of the said (purchaser), his heirs (w) and assigns for ever (1),” absolutely freed, discharged, and exonerated of and from all “ estate,
(1) If the conveyance be made to uses to bar dower, instead Uses to bar of the words within apostrophes, add,
dower, “ To the uses, upon the trusts, and for the ends, intents, and purposes hereinbefore declared or expressed concerning the same.
An observation may here be made to guard the young prac. Use on use. titioner against what is termed an use upon an use, i. e, an use arising out of an use, or an use declared after the declaration of a prior use. For which purpose care must be taken that a mere seisin only be vested in the cognisec of the fine, in order that the uses declared may'vest in the cestui que use, by virtue of the statute of uses. The declaration must not be, therefore,
PURCHASES, right, and title of or to dower (as well equitable as legal], which the said
the wife of Wife. the said (vendor) now hath, or heretofore had,
or hereafter shall or may have or rightfully claim,
wise affect the same, or any part Covenant by vendor that he thereof” (2). And the said (vendor), for him
self, his heirs, executors, and administrators, doth
is seised in fee.
Other estates, &c.
as it frequently is when prepared by an unskilful draftsman, that the fine shall enure to the use of the cognisee, and his heirs, to and for the uses, ends, and purposes afterwards expressed, but the declaration should be that the fine shall enure simply to the cognisee and his heirs, omitting the use till you come to speak of the estate intended to be limited; for otherwise those estates will be equitable interests only, and the legal interest remain vested in the cognisee of the fine.
(1) As a fine expressed to be levied solely for the purpose of extinguishing the wife's title to dower might be construed to have no more extensive operation, it seems to be right to declare the intention of the parties, that it shall bar all other outstanding titles, &c. in which case it will have the full effect of a fine under the statutes of non-claim, &c.
(2) If the estate be the inheritance of the wife, omit the vords within inverted commas, and say, “ freed and discharged of and from," &c. as above.
If the original purchaser has agreed for the sale of his interest in the premises to a third person before any conveyance executed to him, and the conveyance is now made by the vendor to such : third person, add here a covenant by the original purchaser
hereby covenant and declare, with and to the said PURCHASES. (purchaser), his heirs (1) and assigns, in the manner following (that is to say) (2), that for and notwithstanding any act, deed, matter, or thing'whatsoever, at any time heretofore made, done, .exe. cuted, or knowingly occasioned or suffered, by
that he has not incumbered; the form of this covenant may be as follows,
“ And the said (original purchaser), for himself, his heirs, executors, and administrators, doth hereby covenant and declare with and to the said (present purchaser), his heirs and assigns in the manner following, that is to say, that he the said (original purchaser) hath not at any time heretofore made, done, committed, executed, or knowingly occasioned, suffered, or omitted, nor been party or privy to any act, deed, matter, or thing whatever, whereby or by reason or means whereof the messuages, lands, tenements, hereditaments, and premises hereinbefore granted and released, or intended so to be, or any part thereof, or any estate or interest therein, is or are, or can or may be impeached, charged, incumbered, or prejudicially affected in any manner howsoever, or whereby the said (original purchaser) is or may be prevented from conveying and assuring the said hereditaments and premises unto the said (present purchaser) and his heirs in the manner aforesaid, and according to the true intent and meaning of these presents."
(1) If the estate is to be conveyed to uses to bar dower, it is usual (but not material) to add the word uppointees, as,
“ With and to the said (purchaser), his heirs, appointees, Uses to bar and assigns," throughout the covenant, " and also with and dower. to the said (trustee), his executors, administrators, and assigns.”
(2) Of covenants for the title, see Vol. I. No. XV. p. 138, notes; Covenants for and 4 Elem. Conv. 2d Ed. p. 123.
PURCHAS Es. him the said (vendor), and
his wife, or either of them (1), to the contrary, he the said Wife.
(vendor), at the time of the sealing and delivery of these presents, is lawfully and rightfully seised in his demesne as of fee, in his own right, and to his own use, of all and singular the messuages, lands, tenements, hereditaments, and premises hereinbefore granted, released, or otherwise assured as aforesaid, or intended so to be, as of or for a good, perfect, clear, absolute, and indefeasible estate of inheritance, in fee-simple in possession and in severalty, without the said estate or premises being subject or liable to any manner of trust, condition, power of revocation, or of limiting or declaring any new or other use or uses, or any other qualification, restriction, matter or thing whatsoever, expressed or implied, which can or may revoke, determine, abridge, qualify, alter, charge, incumber, or prejudicially affect the same in any manner howsoever (2), the title to dower
If by descent.
(1) If the vendor become entitled to the premises by devise or voluntary conveyance (i. e.), without having paid a valuable consideration, see Vol. I. No. XV. p. 141, n. (39), and add,
6 Or the said (devisor) deceased,” or other the last purchaser of the premises.
If he became entitled by descent, add,
“ Or any of the ancestors of him the said (tendor)." Or if it be the wife's estate, “ of her the said his wife, they the said (vendor) and his wife, are, or one of them is seised of or well entitled to all, &c.” as above.
(2) If the premises or any part of them be on lease, add,
of the said the wife of the said (vendor) and in- PURCHASES. tended to be barred by the fine hereinbefore agreed to be levied only excepted. And also that for and Wife. notwithstanding any such act, deed, matter, or
(w) thing as aforesaid, they the said (vendor) and And has right
to convey. his wife, now have in themselves full power, and lawful and absolute right, title; and authority, by these presents and by the fine so levied, or agreed to be levied as aforesaid, to grant, bargain, sell, release, and assure all and singular the said hereditaments and premises, and the possession, reversion, and inheritance thereof, “ unto and to the use and behoof of the said (purchaser), his heirs and assigns, in the manner and form hereinbefore expressed concerning the same (1).” And That the pur
quietly enjoy. “ Leases or agreements for leases of which the said (ven. dor) hath legal notice only excepted.”
“ A certain indenture of lease, of the said premises (or a part of the said premises), bearing date the
for the term of
[and the land and sewers taxes chargeable upon the said premises] (if so), only excepted.”
(1) If the conveyance be to uses for preventing dower, instead Usen to bar of the words included within inverted commas, say,
“ Unto the said (purchaser) and his heirs, to, upon, and for the uses, trusts, intents, and purposes aforesaid, and according to the true intent and meaning of these presents. AND FURTHER that all and singular the said hereditaments and premises, with the appurtenances, shall and may be, and remain, and be holden and enjoyed, to, for, and upon the same uses, trusts, intents, and purposes, and the rents, issues, and profits thereof be received, taken, and applied accordingly.
years, from the