Page images
PDF
EPUB

appropriated to the said purchase; and that the same may be invested in the purchase of Exchequer Bills, until completion of the purchase, if desired by you. And I further give you notice that the said A. B. is ready to proceed to a completion of the purchase agreeably to his contract; and on his behalf I require you to comply with the provisions of the contract on your part. Dated, &c.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

2. Be it remembered, that on the day and year above written (Vendor), of, &c., and his wife, copyhold tenants, or one of them a copyhold tenant of the said manor, came before me [C. D. gentleman, deputy steward for this purpose only of), R. G., gentleman [chief], steward of the said manor and the courts thereof.

3. And (she the said [wife], having been by me the said [deputy] steward first examined, separate and apart from her said husband, touching her free and voluntary consent to the making and passing the surrender hereinafter mentioned, and freely and voluntarily consenting thereto, as by law required). 4. Did out of Court, in consideration of the sum of £ of lawful money of Great Britain, to them or one of them in hand well and truly paid by [purchaser] of, &c. at or immediately before the passing the surrender hereinafter mentioned, the receipt of which sum, and that the same is in full for all consideration money on sale of the hereditaments hereinafter mentioned to be surrendered, is hereby, and by the receipt for the same sum hereunder written, acknowledged.

5. Surrender out of their and each of their hands into the hands of the lord [s and lady] of the said manor, by the hands and acceptance of me, the said [deputy] steward, by the rod, according to the custom of the said manor.

6. All that, &c. (add description, or if general description is to be inserted, say, "All and singular the messuages or tenements, lands, hereditaments, and premises whatsoever, of them the said [vendor] and his wife, or either of them holden of the said manor by copy of court roll, with their and every of their rights, members, and appurtenances).

7. And the reversion and resersions, remainder and remainders, yearly and other rents, issues and profits thereof.

8. And also all the estate, right, title, interest, inheritance, use, trust, benefit, property, possession, power, claim, and demand whatsoever, both at law and in equity of them the said [vendor], and his wife, or either of them, of in, to, or out

of the said hereditaments and premises, hereby surrendered or mentioned so to be, with the appurtenances.

9. To the use and behoof of the said [purchaser], his heirs, and assigns, for ever absolutely, according to the custom of the said manor.

10. Taken (together with the private

examination of thesaid (wife), ([Vendor's Signature] the day and year first above [Wife's Signature.] by me.

written

[blocks in formation]

The same form will readily serve for drawing this surrender, as the only alteration will be to omit the parts relating to the wife, and substitute the word "his," for their and each of their," and "him," for "them or one of them," or, "them or either of them," and making a trifling alteration in the receipt.

278, C.-Vendor to Purchaser, when Mortgage of even date.

As in common surrender as far as "Use," and then add, subject nevertheless to a certain conditional surrender, this day made and passed by the said [vendor] and [wife] by direction of the said [purchaser.] To the use of, &c. Upon condition to be void, &c.; and to the principal money and interest thereby secured. See No. 343.

279, D.-Surrender to two or more Purchasers as Joint Tenants. 1, 2, and 3, as in precedent A.

4. Did out of court in consideration of the sum of £ of lawful money of Great Britain, to them or one of them in hand well and truly paid by [purchaser] of, &c. (2d purchaser) of, &c. [adding names and descriptions,] at or immediately before, &c. as in A. 4.

5 to 8. as in A.

9. To the use and behoof of the said [purchasers,] their heirs, and assigns for ever absolutely, as joint tenants, according to the custom of the said manor.

10. as in A.

11. The only alteration in this clause, will be to add the names of the purchasers, and substitute" them" for "him."

280, E.-To Two or more, as Tenants in Common.

The only difference between this and D., will be in clause 9, which will be as follows:

"To the use and behoof of the said [purchasers], their heirs and assigns for ever absolutely, as tenants in common, and not as joint tenants."

281, F.-To Three, as Joint Tenants for Life, with remainder to Heirs of One.

1, 2, and 3, as in A.

4. Did out of court, in pursuance of a covenant for that purpose contained in a certain indenture, bearing date on or about, &c., and made between, &c. and in consideration of the sum of £ of lawful money of Great Britain, to them or one of them in hand well and truly paid by A. B., of, &c. at or before the passing the surrender hereinafter mentioned, the receipt whereof is hereby, and by the receipt for the same sum endorsed on the said indenture, acknowledged; and of 108. in like manner paid by C. D., of, &c., and E. F., of, &c., the receipt whereof is also acknowledged; and at the request, and by the direction of the said A. B., testified by his signing his name at the foot hereof.

5 to 8, as in A.

9. To the use and behoof of the said A. B., C. D., and E. F., and their assigns for and during the term of their natural lives, and the natural lives of the survivors and survivor, and from and immediately after the decease of the survivor, to the use and behoof of the heirs and assigns of the said A. B. absolutely, according to the custom of the manor.

10, as in A.

11. Omitted, at the foot is the following memorandum, signed by directing party:

:

"I consent to and direct the passing the above surrender." Dated, &c.

282 G.-To a Purchaser, for his own life.

1, 2, 3, as in A.

4. Will be altered by stating the consideration money to be in full, on sale of the "estate" instead of "hereditaments."

66

5, 6, 7. as in A.

8. Must have the following words added at the end of it, 'during the natural life of the said " [purchaser.]

9. "To the use and behoof of the said [purchaser], and his assigns, for and during the term of his natural life." 10 and 11. as in A.

283 H.-Of Vendor's Life Estate.

1, 2, 3, as in B.

4. Will be altered by stating the consideration money to be for sale of the "life estate of the said [vendor], in the hereditaments hereinafter described or mentioned, is hereby, &c. 5, 6. as in B.

7. With the yearly and other rents, issues, and profits thereof.

8. Omit "inheritance," and after the words "of him the said" [vendor,] add " during the term of his natural life."

9. To the use and behoof of the said [purchaser], his heirs and assigns during the natural life of the said [vendor], according to custom of the said manor.

10, 11. as in B.

284 I.-By Copyholder for Lives.

Be it remembered, that on the day and year above written, [vendor] of &c., who at a court held &c., was admitted to the after described hereditaments, to hold to him and his heirs during the lives of [nominees], and the life of the longest liver of them, came before &c., (then proceed as in A., omitting the parts relating to wife, substituting the words "life interest" for "hereditaments" in clause 4, and in clause 9, after "heirs and assigns," omit "for ever absolutely," and insert "during the lives of the said [nominees] and the longest liver of them.")

1, 2, 3. As in B.

285 J.- Of a Reversion.

4. Substitute the words "reversion or remainder expectant on the decease of J. R., of and in the hereditaments herein after mentioned or described," between the words "on sale of the," and " is hereby."

5. as in B.

6. All that the reversion or remainder expectant on the decease of J. R., of and in all &c. [as in A.]

7. With the yearly and other rents, &c.

8 to 11. as in B.

[ocr errors]

286 K.- Of a Moiety or other Share.

1, 2, 3, as in A. or B.

[ocr errors]

4. Add the word " moiety or other apt words before "hereditaments" and after" sale of the

5, as in A.

6. All that one undivided moiety or half part, the whole into two equal parts to be divided, [or all that one undivided sixth part of a moiety, and also all that one undivided fifth part of another sixth part of the said moiety &c. [as the case may require)] of and in all, &c.

7 to 11, as in A., limiting clause 8 to the parts sold, if the vendor retains any part.

287 L.-Of Premises subject to a Mortgage.

1, 2, 3, as in precedent A. or B.

[ocr errors]

4. Vary this from A. by adding 'subject to a certain conditional surrender passed &c., [stating when surrender passed, by whom, and amount secured], and to the said principal sum of £ and interest thereon as aforesaid, from the last, is hereby and by," &c.

day of

8. Add the words " equity of redemption " after "trust." 9. Add, subject nevertheless to the aforesaid conditional surrender, to the use of the said C. D., and his heirs, and to thereby secured, and all interlast.

the principal sum of £

est thereon from the

10 and 11. as in A.

day of

288 M.-Under a Bankruptcy.

It is as well to have the commissioners authorize the bankrupt and his wife to surrender, as it obviates all question under the bankruptcy, as they also surrender their own interest; but any other person could surrender, see p. 57. 1. By bankrupt and wife.

Clause 1, 2, and 3. as in A.

4. Did out of Court, in pursuance of a power to them given in and by a certain indenture of bargain and sale bearing date &c., and made between &c., in the names and on behalf of the said [commissioners], and also in consideration of 10s to them in hand paid by the said [purchaser], the receipt &c., for themselves and on their own behalf.

5, 6, and 7. as in A.-In clause 8, after "of them the said [commissioners,] add "and of them the said [bankrupt and wife," any or either of them respectively, of, into, &c. 9 and 10. as in A.

Omit the parts applying personally to the bankrupt and wife.

« EelmineJätka »