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(purchaser), his heirs or assigns, or his or their PURCHASES. counsel in the law (being of the degree of a bar
Vendor and rister,) shall require and advise, [and prepare and tender (if the nature thereof permit), for his or their signature and 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 respective acts, deeds, omissions, and defaults; and so that the person or persons, who shall be required to make or execute any such assurance or assurances, be not obliged to go from his, her, or their then place or respective places of abode for the making or executing the same without a reasonable and sufficient sum being previously 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 therein otherwise declared or expressed, in corroboration and confirmation of these presents, and of the estate and interest hereby or mentioned or intended to be
And if such be the case,
“ And also for getting in and assigning unto the said (purchaser), his heirs and assigns, or to a trustee or trustees for him or them, a certain term of years (describing it), &c. or all or any outstanding terms, estates, and interests affecting the said hereditaments, or any part thereof."
PURCHASES. hereby granted and released, or otherwise as-
(1) If an outstanding term is intended to be assigned by the same deed, see ante, p. 24, n. (1).
If the title deeds be not delivered to the purchaser, add a covenant for the production of them, as post, rider (C), and see Vol. I. No. XVI. p. 196, or prepare a separate deed for that purpose in the form referred to, INDEX voce Deeds.
If there be an outstanding term which is intended to be surrendered ; or to be assigned by the same deed, see post, rider (B), p. 34.
For various provisions, &c. adapted to the particular circumstances of title or agreements of the parties, see No. XVI. (ante, p. 160), also the riders at the end of No. XXVI. (ante, p. 188, et seq.); and INDEX voce Provisc.
Execution and receipt, &c.
*** As to mode of execution, attestation, indorsement of receipt, &c. see No. XVI. p. 184, et seq. in notes; and 4 Elem. Conv. 2d ed. 85, 88, 91, 96.
As to the stamp, see INTRODUCTION, p. xcvi.
Wife. (A) Variation where the Premises are to be limited to uses
to prevent Dower, see ante, p. 11. “ To the uses, upon the trusts, and to and for the ends, Limitation to
the purchaser intents, and purposes hereinafter declared or expressed con- and his trustee cerning the same (that is to say) (or more concisely as be- to prevent
dower. low) (1), to the use of such person and persons, for such estate and estates, interest and interests, [by way of legacy, annuity, rent charge (2), or otherwise, in such parts, upon such trusts], for such ends, intents, and purposes, [in such manner and forin, and either absolutely or conditionally, and for any term or number of years, or for life or lives, and charged and chargeable with any sum or sums of money, either annually or in gross or otherwise, and subject to such powers of revocation and new appointment, and other powers, provisoes, conditions, restrictions, limitations, declarations, and agreements), as the said (purchaser) [either personally, and on his own part, or on the part or behalf or concurrently with, or at or by the request or direction of any purchaser, nominee, appointee, or releasee, under or in pursuance of these presents), at any time or times, and from time tu time, by any deed or deeds, instrument or instruments in writing to be by him sealed, and delivered in the presence of and attested by two or more credible witnesses, [or by his last will and testament in writing, or any codicil or codicils thereto, to be respectively by him signed, sealed, and published in the presence of and attested by three or more credible
(1) See p. 32, marg. *.
(2) It has been doubted whether a rent-charge or the like out of an estate, could at law be limited under a general power to appoint “ estates and interests" only. See Brown v. Taylor, Cro. Car. 38. Hence the power is in general made expressly to embrace that object. Sed vid. E. of Bath's case, 3 Ch. Ca. 55. Middleton v. Pryer, Amb. 393.
RCHASES: witnesses), shall direct, limit, or appoint (or give or de
vise] the same, and in default of, and until such [or some Vendor anus other sufficient) direction, limitation, or appointment, [gift, Wife.
or devise], shall be made, and as to such part of the said hereditaments, and premises, and such estate and estates, interest and interests therein, of which no such direction, limitation, or appointment [gift or devise] shall be made, or take effect, (and when and as any estate or estates, interest or interests so directed, limited, appointed, [given or devised], shall determine), to the use of the said (purchaser) and his assigns, during the term of his natural life, without impeachment of waste, and with full power to commit waste, and from and after the determination of that estate, by any means, in his life time, to the use of the said (trustee), his executors, and administrators, during the natural life of the said (purchaser), in trust nevertheless for the said (purchaser) and his assigns, [and to permit and suffer him and them to receive and retain the rents, issues, and profits thereof during his natural life, for his and their own proper use and benefit], and to the intent that the present and every future wife of the said (purchaser) may be barred and precluded from all estate, right, and title of or to dower, in or out of the same premises, or any part thereof, and from and immediately after the determination of the estate hereby limited in use to the said (trustee), his executors and administrators, during the life of the said (purchaser), then to the use and behoof of the said (purchaser), his heirs and assigns for ever."
In cases where conciseness is peculiarly desirable, the limit
ation may be shortened, thus : Shorter form of
“ To the use of such person or persons, upon such trusts, the above for such estates and interests, intents and purposes, (and limitation.
with and subject to such powers, declarations, and agreements, and so charged and chargeable), as the said (purchaser), or his nominees or appointees by any deed, or other instrument in writing, to be signed and sealed by him in the presence of and attested by two or more credible witnesses, or by his last will or testament, or any codicil thereto, to be respectively signed and sealed by him in the presence of, and
attested by three or more credible witnesses, shall direct or PURCHASES. appoint, and in default or failure of any such direction or appointment [as to the whole or any part of the said premises, or
Wife. any estate or interest therein, then as to such part thereof of which none shall be made or take effect] to the use of the said (purchaser) and his assigns, during the term of his natural life, (without impeachment of or for any manner of waste, and with full power to commit waste), and upon the determination of that estate in his life-time, to the use of the said (trustee), his executors and administrators, during the life of the said (purchaser), but in trust for the said (purchaser) and his assigns, (and to the end that the present and every future wife of the said (purchaser) may be barred of dower, out of the said premises], and upon the determination of the estate so limited to the said (trustee) as aforesaid, then to the use of the said (purchaser) his heirs and assigns for ever.”
Or the limitation may be,
“ To hold to the said (purchaser) and his heirs, to the use Short form. of him the said (purchaser) and his assigns during the term of his natural life, without impeachment of or for any manner of waste, and after the determination of that estate by forfeiture, or otherwise, in his lifetime, to the use of the said (trustee), bis executors, administrators, and assigns, during the life of the said (purchaser), in trust for him the said (purchaser) and his assigns, and to prevent any wife of the said (purchaser) from being entitled to her dower in or out of the said premises, and after the decease of him the said (purchaser) to the use of the heirs and assigns of the said (purchaser) for ever."
See various other forms of limitation to bar dower, Vol. I. Other forms. No. XXVIII. p. 445.