Trustees under a
Power.

That the purchaser shall

PURCHASES. and inheritance thereof, "unto and to the use and behoof of the said (purchaser) his heirs and assigns, in the manner aforesaid," and according to the true intent and meaning of these presents. AND further, that (1)" he the said (purchaser), quietly enjoy. his heirs and assigns, shall or lawfully may, immediately upon the sealing and delivery of these presents, and at all times hereafter, enter into and upon, and hold, possess, and enjoy, all and singular the said hereditaments and premises, with their and every of their respective rights, privileges, appendances, and appurtenances; and receive and retain the rents, issues, profits, and proceeds thereof, to and for his and their own use and benefit," without any manner of hindrance, interruption, disturbance, claim, or demand whatso

Uses to bar dower.

(1) If the conveyance be to uses to bar dower, instead of the words within inverted commas, say,

"Unto the said (purchaser) and his heirs, to and for the uses, intents, and purposes, and in the manner and form hereinbefore expressed concerning the same."

"AND further, that all and singular the same hereditaments and premises, with their and every of their respective rights, members, appendants, and appurtenances, shall from time to time, and at all times hereafter, remain, continue, and be to the uses, upon the trusts, and for the intents and purposes so hereinbefore declared or expressed concerning the same, and shall and may be holden, occupied, and enjoyed, and the rents, issues, profits, and proceeds thereof, be received, retained, and applied accordingly, without any manner," &c. as in the text.

PURCHASES.

Power.

cumbrances.

ever, by or from the said (trustees) or (celles que trusts), or any or either of them, or any person or Trustees under a persons now or hereafter rightfully claiming or possessing any estate, right, title, charge, or interest, at law or in equity, in, to, out of, or concerning the same or any part thereof, from, through, under, or in trust for them, or any or either of them, or the said (settler, devisor, or last purchaser for a valuable consideration). And that free and Free from inclear, and clearly and absolutely discharged and exonerated, or by and at the expense of the said (celles que trusts), or some or one of them, their,' his, or her heirs, executors, or administrators, effectually defended, protected, and indemnified, from and against all [former and other feoffments, gifts, grants, bargains and sales, releases, settlements, mortgages, demises, leases, contracts, devises, wills, conveyances, assurances, descents, uses, trusts, limitations, entails, conditions, estate, right and title of or to dower, remainders, reversions in the crown or elsewhere, judgments, decrees, recognizances, statutes, extents, executions, sequestrations, elegits, debts of record, debts due to the king or any of his predecessors, legacies, portions, annuities, rents of all kinds, forfeitures, rights of entry, and cause and causes thereof, fines, amerciaments, and all and singular other] estates, rights, titles, interests, charges, and incumbrances whatsoever, which at any time or times heretofore have been, or which at any time hereafter shall or may be made, created, executed, committed, occasioned, or suffered by the said (trus

Trustees under a
Power.

Covenant for further as

surance.

PURCHASES. tees) and (celles que trusts) or any or either of them, or the said (settler, devisor, or other last purchaser), or any other person or persons, now or hereafter rightfully claiming, or possessing any estate, right, title, or interest, either at law or in equity, from, through, or in trust for them, or any or either of them, or by or through his, their, or any or either of their acts, defaults, means, consent, or privity, except, &c. (1). AND moreover, that they the said (celles que trusts), and all and every person or persons, now or at any time hereafter rightfully claiming or possessing any estate, right, title, charge, or interest, at law or in equity, in, to, out of, upon, or respecting the hereditaments and premises, hereby granted, released, and confirmed, or mentioned or intended so to be, or any part thereof, from, through, under, or in trust for them, or any or either of them, or the said (settler, devisor, or last purchaser) shall and will, &c. [Add covenant for further assurance (2)]. IN WITNESS, &c. (3).

Except, &c.

Leases.

Outstanding

term.

Rent charge.

Production of deeds.

(1) If the premises are subject to any incumbrance, except it here, and see Vol. I. p. 212. 427.

If the premises be on lease, see ante, No. XXXI. p. 22, n. (2).

(2) As ante, No. XXXVII. p. 164.

(3) If there be an outstanding term which is to be assigned, or surrendered, see ante, No. XXXI. p. 6. n. (1).

If the premises are subject to a rent-charge or the like, see Vol. I. p. 212. 427.

If any of the title deeds are retained by the vendor or his predecessors in title, add a covenant for their production, or otherwise, as directed, Vol. I. No. XVI. p. 183, in notes, and p. 196.

For various covenants, provisoes, clauses, &c. to be inserted PURCHASES. when required by particular circumstances attending the title,

or by agreement of parties, see variations, Vol. I. No. XVI. Trustees under a p. 188, et seq.

Pouer.

Provisoes, &c.

** As to the stamp to be impressed, see Vol. I. INTRODUC- Stamp. TION, 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.

PURCHASES.

Trustees for
Sale and
Mortgagee.

No. XLII.

Conveyance by Trustees for Sale, under Deed or
Will, Mortgagee in Fee, [and Owner of the
Inheritance (1)] to a Purchaser (2).

Variations where the Mortgage was for a Term.
Also where the Purchaser takes the Conveyance
to a Trustee to bar Dower, &c. &c. as in margin
below.

Parties.

Owner party.

Representatives.

Reversion, &c.

Equity of redemption. Moiety, &c.

Wife of vendor.

THIS INDENTURE of

day of

in the

parts, made the

year of the reign,

BE

(a mort

&c. and in the year of our Lord
TWEEN (the mortgagee) of, &c.
gagee of the hereditaments hereinafter described)
of the first part (3), (the trustees for sale) of, &c.

(1) The owner of the inheritance in the case of a conveyance, or the heir at law in the case of a devise, to trustees for sale, is not an essential, but may be a desirable party, see ante, No. XL. p. 204, n. (1).

If the conveyance be from representatives of a deceased mortgagee, see variations to No. XXXVI. p. 123, et seq.; and if the mortgagee be an infant, see ib. 126, n. (2).

(2) If the vendor be entitled in remainder or reversion, see ib. No. XXIV.

If the conveyance be of an equity of redemption only, see ib. No. XXV.

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

(3) If the vendor be married, and his wife entitled to dower, make her a party with her husband, as ante, No. XXXI. p. 1. and see ante, p. 124, n. (1), and 147, notes.