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FEOFFMENT.

Parties.

This indenture, made, &c., between (the vendor) of the one part, and (the purchaser) of the other part.

[Recite the vendor's title and the contract for sale.] Testament. Now, this indenture witnesseth, that, in pursuance of

the said agreement, and in consideration, &c., (see p. 36,) he, the said (vendor,) hath given, granted, aliened, enfeoffed, and confirmed, and, &c., doth, &c., ail, &c., (p. 39.) [Add the general words,

“ and the reversion, &c., and all the estate, &c., and Habendum. all deeds,” &c. Habendum in fee, or to uses to

Parcels.

Feoffment is completed by the delivery of seisin, on pos

session of the lands, a memorandum of which must be inLivery of dorsed on the deed, after the following manner : “ Memorseisin,

andum that, on the day and year first within written, peaceable and quiet possession and seisin of the within-mentioned messuages, tenements, lands, and hereditaments, were openly had and taken by the within-named (feoffor,) and by him delivered to the within-named (feoffee ;) to hold the same to the said (feoffee) and his heirs, to the use of him, the said (feoffee,) his heirs and assigns for ever, [or say, upon the uses, trusts, intents, and purposes in the said indenture expressed,] according to the true intent and meaning of the same indenture, in the presence of us whose names are here

unto subscribed.” By attorneys. If by attorneys, say, “ were had and taken by the within

named R. S. and T. V. (the attorneys to deliver seisin,) for and in the name of the within-named (feoffor,) pursuant to the letter of attorney in that behalf contained in the withinwritten indenture; and were immediately afterwards delivered by the said (attorneys,) for and in the name of the said (feoffor) to the within-named W. X. and Y. Z., (the altorneys to receive seisin,) for and in the name of the withinmentioned (feoffee,) pursuant to the letter of attorney in that behalf contained in the within-written indenture. To hold, according to the tenor and effect of the within-mentioned indenture."

[graphic]

prerent dower, (see p. 52, and notes to p. 357,) and add covenants for title ; see ante, p. 14 and 85.]

In witness, &c.

If a power of attorney be added to deliver seisin, it may Power of atbe thus : “ And the said (vendor) hath made, ordained, con- torney to destituted, and appointed, and by these presents doth, &c., liver seisin. R. S., of, &c., and T. V., of, &c., [if the attorneys are not parties to the deed, which they need not be, they should be described here,] his true and lawful attorneys jointly, and either of them severally, for him and in his name, into the said, &c., hereby granted and conveyed, or intended so to be, or into some part thereof, and in the name of the whole, to enter, and full, quiet, and peaceable possession and seisin thereof, for him and in his name, to take and have, and such possession and seisin thereof, or of some part thereof, in the name of the whole, unto the said (feoffee,) or to his certain attorney or attorneys in that behalf, to give and deliver ; to hold to him the said (feoffee,) his heirs and assigns for ever, [or, to the uses, &c., hereinbefore expressed,] according to the true intent and meaning of these presents ; thereby ratifying, confirming, and allowing, and agreeing to ratify, con. firm, and allow, all and whatsoever his said attorneys, or either of them, shall do in the premises."

If a power of attorney be added to receive seisin, it may Power of atbe thus : “ And the said (purchaser) hath, &c., for him and torney to rein his name and stead, to take and receive of and from the ceive seisin. said (vendor,) either in person or by his attorney lawfully authorized in that behalf, possession and seisin of all and singular the said, &c., or of some part thereof, in the name of all the same, &c.; and such possession and seisin so taken thereof, to hold and keep, to the use of the said (purchaser,) his heirs and assigns, according to the true intent and meaning of these presents.”

N. B.-If livery be made of a house, the feoffor takes the key, and puts it into the hand of the feoffee, at the same time saying, “ I do hereby deliver possession and seisin of this house, according to the tenor and effect of this deed.” If the feoffment be of lands, it is usual to deliver a turf or twig thereon. (See Co. Litt. 48.)

If of divers lands of vendor, situate in one county, and being in the feoffor's possession, livery and seisin of a parcel is sufficient for all, (Litt. s. 61 ;) but if the lands lie in several

DEED OF GIFT.

Parties.

Testatum.

· This indenture, made, &c., between (the donor) of
the one part, and (the donee) of the other part. [Re.
cite that the donor is seised or entitled.] Now, this
indenture witnesseth, that, [if a relation, say,] in con-
sideration of the natural love and affection which the
said (donor) hath and beareth unto the said (donee,)
[and if a son or daughter,] and also for the better
maintenance, support, livelihood, and preferment of
the said (donec,) [or, if a stranger, say, in consi-
deration of the esteem and regard which the said
(donor) hath for him, the said (donee, he, the said
(donor,) hath given, granted, released, and confirm-
ed, and, &c., doth, &c., unto the said (donee,) (in his
actual possession, &c.,) and to his heirs and assigns,
all, &c., and the reversion, &c., and all the estate,
&c., and all deeds, &c. Habendum, (either in fee,
or to prevent dower. See p. 32.) [Add a covenant
for peaceable enjoyment. See p. 87.) In witness, &c.

Grant.

Habendum.

Covenants.

GIFT OF FURNITURE.

' " Know all men by these presents, that I, A. B., of, &c., for and in consideration of, &c., do give, grant, and confirm to the said C. D. all and singular the household goods, furniture, beds, bedding, china, linen, glass, books, pictures, and all and singular

counties, there must be as many liveries as there are counties. (2 Black. Com. 315.)

If the lands are in the possession of several tenants, there must be several liveries, because each particular tenant must consent. (Dyer, 18.)

A livery in law may be made by being in sight of the land only, and by the feoffor saying, “I give you yonder land; enter and take possession ;” but this livery cannot be given or received by attorney. And if entry is not made in the life of both the parties, the livery will be void. (Co. Litt. 52, b.)

other the goods, chattels, and effects mentioned and
described in or by the inventory or schedule thereof
hereunder written, (or hereunto annexed,] to hold
the same personal estate and effects unto the said
C. D., his executors, administrators, and assigns,
for his and their use and benefit.” [Add a warranty,
and indorse a memorandum of the possession of the
goods being delivered, as in Bill of Sale, p. 317, n.]

GRANT OF A REVERSION OR REMAINDER.

This indenture, made, &c., between (the vendor) of Parties. the one part, and (the purchaser) of the other part, (recites a settlement whereby the hereditaments were li. Recital. mited to A. B., during his life, with remainder to trustees for a term of years, to raise portions for the younger children of the marriage, with remainder to the first and other sons of the marriage in tail, with remainder to the use of the (vendor) in fee.] And whereas there is at present no issue of the marriage, nor is there any prospect of the said (vendor) having any children by his said wife. [Then recite the contract for the purchase of the reversion or remainder of him, the said (vendor,) expectant as aforesaid, at or for, &c.] Now, this indenture witnesseth, that, in pursuance of the said agreement, and in consideration of, &c., the receipt, &c., he, the said' (vendor,)

A reversion is a future estate, which the grantor or testator limits to himself or his heirs, or which, being undisposed of, results to him by operation of law. The proper mode of passing a reversion or remainder is by grant ; but a lease and release is the more common and preferable assurance, as it renders unnecessary any proof of the existence of the prior estate at its execution. (2 Prest. 83, 84, 85.)

i If the grant be of tithes, say: “ He, the said (vendor, doth by these presents grant, bargain, and sell, release, ratify, and confirm unto the said (purchaser,) bis heirs and assigns, all those the tithes or tenths of corn and grain, and also all other the tithes and tenths, of what nature or kind

hath, &c., and by these presents doth grant, bargain, sell, release, and confirm unto the said (purchaser,) his heirs and assigns, all that the reversion or remainder of him, the said (vendor,) expectant upon, and to take effect in possession, immediately from and after the decease, or other sooner determination of the estate, for life of the said, &c.; and on failure of the issue of the body of the said, &c., as aforesaid, of and in all, &c., and all the estate, &c. Habendum, (see p. 45.) [Add covenants that vendor is seised of, or entitled to the reversion, &c.; that he hath good right to grant; free from incumbrances; and for further assurance, p. 85.]

In witness, &c.

GRANT OF A PEW.

This indenture, made, &c., between (vendor) of the one part, and (purchaser) of the other part.

soever, of him, the said (vendor,) yearly or otherwise coming, growing, renewing, increasing, or arising from, by, and out of all that, &c., situate, &c., containing by admeasurement, &c., (be the same more or less,) and now or late in the occupation of, &c. ; together with all and singular profits, portions, oblations, obventions, advantages, and appurtenances whatsoever to the said tithes, &c., and the reversion,"

&c. When the k If the conveyance be by way of lease and release, say: conveyance of “ Which said remainder or reversion, expectant as aforethe conver- said, of and in the said hereditaments, is now legally and sion is by

fully vested in the said (purchaser) by virtue of a bargain lease and release.

and sale,” &c.

1 A contingent remainder cannot be transferred at law, except by devise, but in equity it may be, and when the estate comes into possession, a conveyance of the legal estate must be made. A purchaser for a valuable consideration has a right to call for a conveyance of the legal estate when it becomes vested, or a release of it so far as the vendor can make such release with effect. (See 2 Prest. on Abst. 97.)

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