prevented from assuring (c) the same premes, or any pt thof in mner afsd. VIII. COVENANT against INCUMBRANCES by Two or more with AND EACH of them the sd, covenantors, so far as relates to his own acts and omissions only (d), doth hby covenant with the sd, purchaser [s] or grantee [s] to uses, his [their] hrs [for leaseholds or personalty, exs, ads] and assigns [in a conveyance to tenants in common, add, and as a separate covenant with each of them, his, &c.] that they, the sd, corenantors, or, "the sd covenanting pties," (e) resply, have not at any time htofore done, or knowingly omitted or suffered, or been pty or privy to anything whby, or by means whof the sd premes hby assured (f), or any pt thof, are, is, or may be incumbered or affected in any mner whatsoever, or whby they, the sd, covenantors, or, "the sd covenanting pties," (e) resply, are in any wise prevented from assuring (g) the same premes, or any pt thof, in mner afsd. 99 66 39.66 (c) "Granting," appointing, assigning," "conveying," surrendering," or as the case may be. (d) If either of the covenantors covenants for his wife, add here, "and in the case of the sd A., the acts and omissions also of the sd B. his wife." (e) In the case mentioned in the last note, add here, "and the sd B." (f) "Granted," "appointed," "assigned," "conveyed," or, "covenanted to be surrendered," or as the case may be. 99.66 (g) "Granting," "appointing,' assigning," "conveying," surrendering," or as the case may be. IMPLIED COVENANTS (a). 1. THE sd, vendor, as beneficial owner, doth hby grant [or, Absolute assign, appoint, or as the case may be], &c. owner (¿). II. THE sd, vendors, jointly as beneficial owners do hby Joint grant [or, assign, appoint, or as the case may be], &c. tenants (c). common. III. THE sd, vendors, each of them conveying as beneficial Tenants in owner of one undivided moiety [equal- share] of the (d).J hereds hby assured, or, "of the respive share, este, or interest in the hereds hby assured to which he is entitled as hinbefore appears," do resply hby grant, &c. Another IV. THE sd A., as beneficial owner as to one undivided The same. equal share of the hereds hby assured, and the sd B., form (d). as beneficial owner as to one undivided equal the same hereds, &c., &c., do resply hby grant, &c. share of V. THE sd A., as beneficial owner as to the este for his Tenant for life, and life in the hereds hby assured, and the sd B., as beneficial remainderowner as to the reversion in fee simple expectant on the life man in fee or tail (e). este of the sd A. in the same premes, do resply hby grant, &c. VI. THE sd, wife, as beneficial owner [with the concur- Wife (ƒ). rence of the sd, husband,] doth hby, &c. and wife VII. THE sd, wife; as beneficial owner, doth hby grant, and Husband the sd, husband, as beneficial owner, doth hby grant and confirm, &c. (a) See above, p. 365, note. (b) This implies the usual covenants for title and further assurance by the vendor. (c) This implies the usual covenants for title, &c., by the vendors jointly extending to the entirety of the property. If it is desired to restrict the covenants to the shares to which they would be entitled on a severance, the proviso, p. 385, should be inserted. (d) These imply the usual covenants for title, &c., by each of the vendors extending to his own share only. (e) This implies covenants for title, &c., by A. as to his life estate, and by B. as to the reversion in fee. (ƒ) This implies the usual covenants for title, &c., by the wife as to the acts of herself and her ancestors, &c., binding her separate estate; but no covenant by the husband. (g) As to what covenants this implies, see p. 367, note. (g). beneficial owners. Various VIII. THE sd, vendors, each of them conveying as beneficial owner of the respive [share] este or interest in the hereds Variation, hby assured to which he is entled [or which he has power woman. to appoint or dispose of], as hinbefore appears, [and the (h). for married Trustees, Directing party (j). Consenting party (k). sd, husband and wife, each of them conveying as beneficial owner of the [share] este or interest in the sd hereds to which the sd, wife, or the sd, husband, in her right is entled [or has power to appoint or dispose of], as hinbefore appears], do resply, according to their respive [shares] estes and interests [and powers], grant, &c. IX. THE sd as tree [s] [of the hinbefore recited indre of settlemt, or, "will"] or, "as mtgee [s]," or, "as personal representatives of the sd X., deceased," or, "as committee of the sd X.," or, "under the hinbefore recited order of, &c.," do [doth] hby grant, &c. X. THE sd as tree [s], or as the case may be, see preceding form, by the direction of the sd Z., directing as beneficial owner, do [doth] hby grant, or, "appoint," [and the sd Z., doth hby convey and confirm,] &c. XI. THE sd as tree [s], &c., or as the case may be, see form IX., with the consent, or, "at the request," of the (h) This implies covenants for title, &c., by each party limited to the share or interest conveyed by him; the husband's covenant also extending to the wife's share. (i) This implies a covenant against incumbrances by each of the conveying parties as to his own acts, &c., only. There is of course no objection to referring to the settlement or other instrument under which the trust arises. (j) This implies the same covenant as the preceding form, and in addition the usual covenants for title, &c., by Z., extending to the acts of the trustees. This or the next form may be used where a beneficiary joins in a conveyance by trustees to covenant for title. No additional covenants are implied by making Z. also convey as “beneficial owner;" see p. 367, note. (k) This implies the same covenants as the last form, if the words of direction (which are bracketed) are inserted; or in lieu of these the words "as beneficial owner "in the subsequent part of the clause may be inserted, which would imply the same covenants by Z. except that they would not then extend to the acts of the trustees, and the covenant for right to convey would be faulty; see p. 366, note. The words of direction, unless qualified as above, may in this case be objectionable, and if the sale is by trustees, would imply a breach of trust. If preferred the statutory covenants may be incorporated in this case by a separate clause; see p. 384, form xiii. sd Z. [and for the ppose only of implying covenants by the sd Z. for title and further assurance by the direction also of the sd Z., directing as beneficial owner], do [doth] hby grant, or, "appoint," and the said Z. [as beneficial owner] doth hby convey and confirm, &c. of various in free vided XII. THE sd A., as beneficial owner, as to one moiety of a Form in moiety (being one equal fourth part of the entirety) of the conveyance hereds hinafter described and intd to be hby assured, doth interests hby grant, and the sd B. and C., as trees and as to the one holds hell equal pt of a moiety of the same premes to which the in undisd D. is or claims to be beneficially entitled, at his request, shares (1). do hby grant, and the sd D., as beneficial owner, as to such last-mentd pt of a moiety, doth hby grant and confirm, and the sd E. and F., as mtgees and as to one equal share of the sd premes, by the direction of the sd G., do hby grant, And the sd G., as beneficial owner, as to such lastmentd share, doth hby grant and confirm, And the sd H., as tree as to one equal share of the sd premes, in exercise of the power for this ppose vested in him, under the hinbefore recited indre of, &c., and of every other power, &c., and with the consent (hby testified) and by the direction (1) This implies covenants for title by A., D. and G. as to their respective shares; by K. as to the share conveyed by his direction; by L., binding her separate estate, and by M., her husband, as to her share; by N. as to his life estate in, and O. as to the reversion in fee of, their share; and covenants against incumbrances by B., C., and H., as trustees, and E. and F., as mortgagees, as to the shares conveyed by them; but no covenant in the case of P., who merely releases a charge of an annuity; if it is desired that he should covenant against incumbrances the following words may be inserted, " as mtgee, to the intent that the statutory covenant against incumbrances by him may be implied," the last words being added to explain the use of the word "mtgee." In the case of trustees and mortgagees, as they covenant as to their own acts only, there is not the same necessity as in the case of beneficial owners for defining the precise shares or interests conveyed by them, though it is here done. Where the interests are numerous, as in the above form, it would probably be simpler to make the parties convey," according to their respective estates, powers, and interests," without defining them, but with a statement of the character, whether as beneficial owner or trustee, &c., in which each conveys; and to limit the operation of the covenants by the proviso, p. 385. Clause incorporat nants for title (m). of the sd K. directing as beneficial owner, doth hby appoint and convey, and the ad L., as beneficial owner, as to one other equal share of the sd premes, and with the concurrence of the sd M., her husband, doth hby grant, and the sd M., as beneficial owner, as to such last-mentd share, doth hby grant and confirm, and the sd N., as beneficial owner, as to his este for life in one other equal share of the sd premes, and the sd O., as beneficial owner, as to the reversion of the same share after the decease of the sd N., do resply hby grant, and the sd P. (an annuitant), as to the entirety of the sd premes, doth hby release unto, &c. XIII. AND it is hby decld that the same covenants shall ing statu- be deemed to be implied by these presents on the part of tory cove the sd Z. for the title to and further assurance of the sd premes hby assured, as if he [had joined in the assurance thof hby made, and] had been expd to assure the same as beneficial owner [and the other parties making or concurring in such assurance had been expd so to do by his direction (n)]. Clause in statutory XIV. AND it is hby decld that the same covenant shall be corporating deemed to be implied by these presents on the pt of the sd Z., as if he had been expd to assure [release] the premes hby assured as tree [mtgee]. covenant against incumbrances. Proviso restricting liability statutory PROVISOES. 1. PROVD ALWAYS, and it is hby agrd, that the liability of each of them, the sd, covenantors, resply and their respive under hrs, exs, and ads under the covenants implied by statute for covenants the title to and further assurance of the sd premes hby assured shall extend to one equal undivided share only of the joint tenants or sd premes, or, "to the share, este, or interest of or in the in case of tenants in common, &c. (0). (m) See p. 367, note. |