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of the inheritance in fee-simple in remainder expectant as aforesaid,” and hath good right to release the same unto the said C. D., his heirs, &c., in manner foresaid ; free from incumbrances; and for further assurance.]

In witness, &c.

CONVEYANCE FROM A VENDOR AND HIS WIFE

ENTITLED TO DOWER.

This indenture, made, &c., between (vendor,) of, &c., and Mary his wife, of the one part ;a and (purchaser,) of, &c., of the other part. [Recite the sei. Recitals. sin of the vendor; and recite the contract for sale ; and recite that “ the said Mary, the wife of the said (vendor,) in order to enable the said (vendor) to perform his said contract, hath consented to release her title to dower out of the said hereditaments, and for that purpose to concur with him in the conveyance hereinafter contained.”] Now, this indenture Testatum. witnesseth, that, in pursuance of the said contract and agreement, and for carrying the same into effect, and io consideration of L. , paid by (purchaser) to (vendor,) the receipt, &c., he, the said (vendor,) hath granted, bargained, sold, and released, and by these presents doth, &c., and the said Mary, the wife of the said (vendor,) hath remised, released, and quilted claim, and by these presents doth, &c., unto the said (purchaser,) [in his actual possession, &c.] and his heirs and assigns, all, &c., and the reversion,

. If the marriage has been contracted since the first of January 1834, the husband can convey his estate, or devise the same by his will, discharged of dower. (See 3 and 4 W. IV. c. 105, ss. 4 and 5; see p. 150.)

It is not necessary to refer to the act for enabling the wife to release, but if it should be thought advisable, it may be done as in note to p. 354 ; but it is requisite in all cases to show by a recital whether the estate be the inheritance of the husband or wife, or whether she is only entitled to dower..

Habendum. &c., and all the estate, &c. Habendum, " And the Covenant by worthy said (vendor,) for himself, his heirs, executors, and his wife shall administrators, doth hereby covenant with the said duly acknow- (purchaser, his heirs and assigns, that these presents ledge, &c.

shall forthwith, at the costs of the said (vendor, be duly acknowledged by the said Mary his wife, (she hereby consenting,) and otherwise perfected, with the solemnities prescribed for rendering the deeds of

married women effectual to extinguish their interests Covenants. in real estates.” And also, that notwithstanding any

act, &c., they, the “ said (vendor,) and Mary his wife, now have in themselves, or the said (vendor) now hath in himself,” good right to convey ; and that (purchaser) shall peaceably enjoy; free from incumbrances ; and for further assurance.

In witness, &c.

CONVEYANCE INCLUDING A MORTGAGE TO SECURE

PART OF THE CONSIDERATION.

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This indenture, made, &c., between (the vendor) of the first part, (the mortgagee) of the second part, and (the purchaser) of the third part. [Recite the title of the vendor, and the contract for the purchase.] ©And whereas the said (purchaser,) being unable out of his own moneys to pay the whole of the

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b This covenant is unnecessary when it is intended that

the deed shall be acknowledged at the time of its execution. When the c If part of the consideration is intended to remain in the money re. hands of the vendor, and be secured to him on the premises, mains in the

he say, “ and whereas the said (purchaser) hath contracted
hands of the
vendor.

with the said (vendor) for the purchase of, &c., for, &c., but
not being prepared with the whole of the said purchase-
money, the said purchaser hath requested and prevailed upon
the said (vendor) to let the sum of, &c., part of the said pur.
chase-money, remain, secured with interest, upon the same
hereditaments and premises, in manner hereinafter men-
tioned.” Or say, “ and to take such demise, by way of
mortgage, of the same premises, as hereinafter is contained.”

said purchase-money, hath applied to the said (mortgagee) to lend him the sum of L.

, to enable him to complete his said recited contract, which the said (mortgagee) hath consented to do on having the repayment thereof, together with interest for the same, secured to him in manner hereinafter mentioned. Now, this indenture witnesseth, that, in consideration of, &c., part of the said purchase-money to the said (vendor,) paid by the said (mortgagee,) at the request and by the direction of the said (purchaser, testified by his being a party to and executing these presents, the receipt and payment of which said' sum the said (vendor) and also the said (purchaser) do, and each of them doth, hereby acknowledge, and of and from the same sum and every part thereof do, and each of them doth acquit, release, and discharge the said (mortgagee) for ever by these presents; and also in consideration of, &c., the remainder of the said purchase-money, to the said (vendor) paid by the said (purchaser,) making together the sum of, &c., the receipt whereof the said (vendor) doth hereby acknowledge, and doth declare the same to be in full, &c., for the absolute purchase of, &c.;a

"If part of the purchase-money is to remain in the hands The testatum of the vendor on security of the premises, “ Now, this inden- when money

emains. ture witnesseth, that, in pursuance of the said agreement, remain and in consideration of the sum of L.

(part of the said purchase-money) by the said (purchaser) to the said (vendor,) the receipt, &c.; and also in consideration of L. (residue of the said purchase-money) secured to be paid to the said (vendor,) with interest for the same, at the time and in manner hereinafter mentioned, he, the said (vendor,) hath, &c., unto the said (purchaser,) (in his actual possession, &c.,) and to his heirs and assigns, all, &c., to have and to hold, &c., unto (the purchaser,) his heirs and assigns, to the use of (the vendor,) his executors, administrators, and assigns, for the term of, &c., subject to the proviso herein. after contained ; and from and after the end, expiration, or other sooner determination of the said term, and in the meantime subject thereto, and to the payment of the said principal sum and interest, intended to be hereby secured to the use

Grant.

he, the said (vendor,) at the request and by the direction of the said (purchaser,) testified, &c., hath granted, bargained, sold, and released, and, &c., unto the said (mortgagee,) (in his actual possession, &c.,)

and to his heirs and assigns, all, &c., and the reverHabendum. sion, &c., and all the estate, &c., to have and to

holde the said, &c., hereby, &c., unto and to the use

of the said (mortgagee,) his heirs and assigns, subject Proviso. to the proviso hereinafter contained for the redempCovenants. tion, &c. [Add covenants from the vendor with

the mortgagee, as in an ordinary conveyance, that he is lawfully seised ; that he has good right to convey, subject to the proviso hereinafter contained for the redemption of the said hereditaments and premises ; for peaceable possession, subject to the proviso, &c.; free from incumbrances; and for further assurance, at the costs of the mort. gagee, his heirs or assigns, or of the said pur. chaser, his heirs or assigns ; then add the usual proof the said (purchaser,) his heirs and assigns for ever;" or to uses to bar dower, (if required.) In the proviso for redemption, add, “ and shall and will convey, surrender, and yield up, (or assign,) and effectually assure, all and singular the said, &c., hereby granted, &c., with their appurtenances, for all his and their estate, to the use of (or in trust for) the said (purchaser,) his heirs, appointees, and assigns, or as

he or they shall direct or appoint.” When by de- e If the security is intended to be made to a third party by mise to a third way of demise, the premises may be conveyed, “ to hold to

(mortgagee,) his executors, administrators, and assigns, for the term of, &c., and from and after the end, expiration, or other sooner determination of the said term, and in the meantime subject thereto, and to the payment of the said principal sum of, &c., and interest, intended to be thereby seoured, and also to the proviso or agreement for cessor of the said term hereinafter contained, to the use of the said (purchaser,) his heirs and assigns for ever." Then add a proviso for making void the term on payment of the mortgage-money. Or the conveyance may be made “ to hold to (the purchaser,) his heirs and assigns, to the use of the mortgagee,) his executors, administrators, and assigns, for a term of years,” subject to a proviso for redemption, remainder to himself in fee.

person.

riso as in a mortgage in fee, for redemption of the premises, and a covenant from the purchaser for payment, and for mortgagce to enter, in default of payment, &c., and enjoy, &c., free from incumbrances; and for further assurance by purchaser to mortgagee, with the proviso for enjoyment by the purchaser until default in payment of the mortgage-money.]

In witness, &c.

CONVEYANCE FROM A DEVISEE UNDER A WILL, IN WHICH

THE TESTATOR'S WIDOW (ENTITLED TO AN ANNUITY) AND A LEGATEÉ JOIN IN RELEASING THE PREMISES SOLD, (THE REMAINDER OF THE PREMISES BEING A SUFFICIENT SECURITY.5)

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* This deed would require both a mortgage stamp upon the amount secured, and a conveyance stamp upon the whole purchase-money.

In a note upon this form in the first edition of this work, in which it was recommended that the premises should be conveyed at once to the mortgagee, or a power given to the purchaser in the conveyance to him, and the mortgage created by appointment under that power, it was stated that the premises would be thereby vested in the mortgagee, discharged from any judgments or incumbrances of the purchaser; but it is considered that, in consequence of the act of 1st and 2d Vict. c. 110, the rights of creditors would not be affected by any such expedients.

If the whole of the premises devised have been contracted to be sold to the purchaser, the annuity might be secured by limiting the premises to the use, intent, and purpose that the annuitant should receive the sum of, &c., during her life ; and a term of years created and limited to a trustee for securing the same, and subject thereto, to the use of the purchaser, his heirs and assigns, with a covenant by the purchaser for payment of the same ; and with a declaration that, subject to the rent-charge, the term of years shall be in trust for the purchaser.

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