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PURCHASES.

(Old Form).

ances, matters, and things whatsoever (whether

by fine or fines, with or without proclamations, Vendor and Dower-Trustee, common recovery or common recoveries, deed or

- deeds enrolled, feoffment, release, confirmation, de

claration, limitation, or appointment, of or to any use or uses, or other assurance or assurances, of record or not of record] for the further and better, or more satisfactorily granting, releasing, conveying, confirming and assuring the same messuages, lands, tenements, hereditaments, and premises, or any part thereof, [with their and every of their rights, members, appendants, and appurtenances, and the possession, reversion, and inheritance of the same), free from incumbrances as aforesaid, unto and to and for the use and behoof of the said (purchaser), his heirs and assigns, in such manner and form as he the said (purchaser), his heirs or assigns, or his or their counsel in the law (being of the degree of a barrister), shall advise and require (1). IN WITNESS (2), &c.

Full form.

Outstanding term.

Rent charge.

(1) If there be no wish that the deed should be particularly concise, add, as ante, No. XXXI. p. 29.

(2) If there be an outstanding term, which is to be assigned, or surrendered, see unte, No. XXXI. p. 34.

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. 1$3, in notes, and p. 196.

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

Production of deeds,

Provisoes, &c.

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

Vendor and Dower-Trustee,

(Old Form). *** As to the stamp to be impressed, see Vol. I. INTRODUCTION, p. xcvi. also 4 Elem. Conv. 2d edit. p. 86.

Stamp.

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.

Vindor and Dower-Trustee, (Modern Furm)

No. XXXIV.

Conveyance by a Vendor and his Trustee for pre

venting Dower in the Modern Form) to a Purchaser (1).

Variations where the Conveyance to the Purchaser is to

Uses to bar Dower, &c. &c. as in margin below.

THIS INDENTURE of parts, made the day of in the year of the reign, &c. and in the year of our Lord BETWEEN (the vendor ) of, &c. of the first part, (the vendor's trustee) (2) of, &c.

of the

Reversion, &c.

Mvicty, &c.
Trustee party.

(1) If the vendor be entitled in remainder or reversion, see Vol. I. No. XXIV.

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

(2) As the trustee in the usual form of limitation for preventing dower, takes a vested estate in remainder, subject to the lile estate limited to the purchaser, and his power of appointDient, and would take a freehold in possession on the forfeiture of such life estate, it is proper that he should be made a party to any future conveyance; and see 2 Ca. Op. 29, Purefoy v. Rogers, 2 Saund. 380, and notes there; because, should the donee hare destroyed his power of appointment, it will be necessary that the trustee should convey such vested estate in remainder; and should the purchaser have forfeited his life estate, a purchaser taking from the vendor (or last purchaser), without the concurrence of the trustee, would not be able to maintain an ejectment, for want of having the freehold in possession in him. Where, how

PURCHASES.

C conveyance to

the vendor and trustee.

second part, and (the purchaser) of, &c. of the third part (1). WHEREAS (2) by indentures Tender of lease and release, bearing date respectively on or Dower-Trustee,

(Modern Furm.) about the and days of which was in the year , and made or expressed to be made between

&c. of the first part, the said (vendor) of the second part, and the said ( trustee) of the third part, the messuages, lands, and hereditaments, hereinafter described, were conveyed and assured, and the same now stand limited to the use of such person and persons, for such estate and estates, interest and interests, and to and for such ends, intents and purposes, and upon such trusts, and subject to such powers, provisoes, conditions, restrictions, limitations, declarations, and agreements as the said (vendor) his heirs

ever, the purchaser is satisfied that the power is in full force, and capable of being efficiently exercised by the donee, the concurrence of the trustee may be dispensed with. Sed vid. Watk. Princ. p. 21. 1 Fearn, Cont. Rem. 589. n. * Co. Lit. 216 a. n. (2). 379 b. n. (1). In Maundrell v. Maundrell, however, Eldon, Ch. is reported to have said, that no good conveyancer would approve a draft without the trustee being a party.

(1) If the purchaser be married, and his wife dowable, make Wife of pura trustee party, as

chaser. “ Being a trustee named and appointed by and on behalf of the said (purchaser) for the purposes hereinafier mentioned, of the part," as ante, No. XXXI. p. 2. n. (1); and see Vol. I. No. XXVIII.

If there be an outstanding term, see Vol. I. No. XXVII. p. Outstanding 401, 430 ; and ante, No. XXXI. p. 2, n. (1).

term. (9) As to recitals, see Vol. I. p. 162, in notes; also 4 Elem. Recitals. Conv. 2d edit. p. 107.; and for the form of recitals of different species of deeds, &c. see Index voc. RECITALS.

PURCHASES. appointees or assigns should at any time or times, o d by any deed or deeds, instrument or instruments Tower- Trustee, in writing, to be by bim sealed and delivered in

the presence of and attested by two or more credible witnesses, direct, limit, or appoint (1); and in default of, and until such direction, limitation, or appointment should be made, and when and as any estate or estates, interest or interests thereby directed, limited, appointed, or created, should determine, and in the mean time subject

Recital of power.

(1) It is not absolutely necessary that the vendor's power of appointment should be recited, or even referred to in the deed by which it is exercised see Profert v. Morgan, 1 Atk. 440. Ex parte Caswall, ib. 559, but it is always proper that it should be so far noticed as to prevent the existence of any doubt whether his intention was to execute his power, or to pass his estate (if he have any) in the land-see Moulton v. Hutchinson, 1 Atk. 558; Andrews v. Emmatt, 2 Brow. Rep. 299. And it is better that the precise terms of the power should be set out, in order that it may appear on the face of the instrument that the forms and circumstances required to attend its execution have been sufficiently complied with—see Dormer v. Thurland, 2 P. Wms. 506, Ross v. Ewer, 3 Atk. 156. It is however sufficient that such parts only of the power be recited as are requisite to support the appointment intended to be made; in the case of a conveyance to a purchaser in fee, under a simple power of appointment, it might be shortened thus,

“ To the use of such person and persons and for such estates, interests, ends, and purposes, and in such manner as the said (vendor) by any deed or instrument in writing, to be sealed and delivered by him in the presence of, and attested by two or more credible witnesses, should direct or appoint, and in default of, and until such direction or appointment, to the use of the said (rendor) for his life, and after the determination of that estate to the use of him the said (vendor) his heirs and assigns for ever.”

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