Assignees, Annuitant. That the purchaser shall PURCHASES. to be, unto (1), "and to the use and behoof of the said (purchaser), his heirs and assigns, in the Mortgagee, and manner aforesaid," and according to the true intent and meaning of these presents. And further, "that he the said (purchaser), his heirs quietly enjoy. and assigns, shall or lawfully may immediately upon the sealing and delivery of these presents, and at all times thereafter, enter into and upon, and hold, possess, and enjoy, all and singular the same hereditaments and premises, with their and every of their rights, members, appendances and appurtenances, and receive and retain the rents, issues, and profits, thereof, to and for his and their own proper use and benefit,” without any manner of hindrance, interruption, claim, or demand whatsoever, by or from the said (bankrupt, mortgagee, assignees, annuitant, and (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 proceed, "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.. Assignees, Annuitant. Free from in trustee) or any or either of them, or their, or any PURCHASES. or either of their heirs, or any person or persons now or hereafter lawfully or equitably entitled to Mortgagee, and the said hereditaments and premises, or any part thereof, or any estate or interest therein from, through, under, or in trust for him, them, or any or either of them (1). ANn that free and cumbrances. clear, and fully clearly and absolutely discharged and exonerated, or by and at their or some or one of their costs and charges, or by the estate and effects of the said (bankrupt) effectually 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, and 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 entitled by devise. (1) If the vendor took by devise, voluntary conveyance, or Bankrupt descent, see ante, p. 199, n. (1). If the premises be on lease, see ante, No. XXXI. p. 25, Leases. notes. Assignees, Annuitant. PURCHASES. have been, or at any time hereafter shall or may be made, created, executed, occasioned, or knowingly Mortgagee, and suffered by the said (bankrupt, mortgagee, assignees, annuitant, and trustee), or any or either of them, or any other person or persons claiming, or having title to claim any estate, right, title, or interest, either at law or in equity, from, through, under, or in trust for them, or any or either of them (1), or by or through his, their, or any or either of their acts, means, or defaults (2). AND moreover, [Add covenant by Bankrupt for further assurance (3)]. IN WITNESS (4), &c. Bankrupt entitled by devise, &c. Leases. Production of deeds. Provisoes, &c. (1) If the vendor took by devise, voluntary conveyance, or descent, see ante, p. 199, n. (1). (2) If the premises be on lease, see ante, No. XXXI. p. 25, notes. (3) See ante, p. 164. (4) If any of the title deeds are retained by the vendor or his predecessors in title, add a covenant for their production, as ante, No. XXXI. P. 39; also p. 106, or otherwise 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. p. 188, et seq. Stamp: Execution, &c. **As to the stamp to be impressed, see Vol. I. INTRODUCTION, p. xcvi. also 4 Elem. Conv. 2d edit. p. 86. As to the execution, attestation, receipt for consideration 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. No. XLIX. Conveyance by Trustees under a Conveyance in trust to sell to Trustees empowered by a Will or Marriage Settlement to purchase Lands. Variations where the celles que trust are parties, PURCHASES. Trustees for Sale to Trustees. THIS INDENTURE, of three parts, made the in the year of day of the reign, &c. and in the year of our Lord BETWEEN (the selling trustees) of, &c. (trustees for sale of the hereditaments hereinafter described) of the first part, (the celles que trust) (1) or persons whose consent is requisite for the sale or purchase of, &c.) of the second part, and (the purchasing trustees) of, &c, (who have contracted for the purchase of the same hereditaments by virtue of a power hereinafter Parties. (1) If the consent of third persons be necessary, in order to Celles que trust enable the vending trustees to sell, or the purchasing trustees to invest the trust money in the purchase of land, they will be ne cessary parties unless their consent has been given by a separate instrument, see ante, p. 204, n. (1). parties. PURCHASES. mentioned) of the third part. WHEREAS, &c. (1). AND WHEREAS, (2), by indentures of lease and release bearing date respectively on or about the Trustees for Sale to Trustees. Recital of mar empowering and in the year, The release being of parts, and made or expressed to be riage settlement made between, &c. (and being or purporting to be a settlement made on the marriage of the said ) his wife, the sum trustees to pur chase lands. ( ) with the said ( Recitals. Devisees. Recital of will. Recital of chase. (1) Recite here the deed or will by which the lands are conveyed to the trustees for sale, as ante, No. XL. p. 206. as (2) If the purchasers are devisees under a will, recite the will, "AND WHEREAS the said (testator) by his last will and testament in writing, bearing date the year day of which was in the As the settlement or will in which the trustees' authority to power of pur- purchase is contained will be in their own custody, the recital of it is no farther proper than to testify the requisite consent of the present cestui que trusts to the investment of the money on land, should it be questioned by persons entitled to it in remainder after their decease. |