PRECEDENTS (a). I. CONVEYANCE of FREEHOLDS by a vendor seised in THIS INDRE, made the day of between A., PREC. I. vendor, of, &c. [and B. his wife], of the one pt, and C., purchaser, of, &c., of the other pt (c) [WHAS the sd A. is Recitals. seised of the hereds hby assured for an este in fee simple Seisin. in possion free from incumbrances, and has agrd with the sd C. for the sale thof to him for the sum of £:] [AND Agreement WHAS the sd B. has agrd to join in these presents for the of wife to ppose of releasing her dower in mner hinafter expd:] [AND join. ances. (a) The use of the Conv. Act, 1881, being purely optional, it is thought to As to use be the proper course, while adopting the Act in all cases in which it is con- of statusidered that it may and ought to be adopted, to indicate the variations tory forms required if the draftsman prefers to use the old forms. The Act contains two of conveyschedules of forms of deeds, one (schedule 3) of mortgages, transfers, and reconveyances, having a special statutory operation; the other (schedule 4), being merely sample forms, which are made sufficient in form and expression (s. 57), but in no way obligatory, save as regards the special wording required to imply the statutory covenants for title, &c., and production of deeds (see above, p. 368, note, and p. 387, note). Although deeds may be much shortened by omitting the covenants for title and other common clauses which are supplied by the Act, there is little to be gained in point of brevity by adopting the language of the statutory forms in minor respects; and the customary language with some abbreviations is for the most part retained in these precedents. (b) As to omitting recitals, see above, p. 75, note. (c) Where the conveyance is to uses to bar dower, the dower trustee will be a party of the third part. As to muniments. Witnesseth. PREC. I. WHAs the documts of title mentd in the schedule hto, which are in the possion of the sd A., relate as well to the hereds hby assured as to other ppty of the sd A., and it has been agrd that he shall retain the sd documts and give such acknowledgmt and undertaking [covenant] in relation thto as is hinafter contd (d).] [NOW THIS INDRE] WITNETH that [in psuance of the sd recited agreemt and] in conson of the sum of £ now paid by the sd C. to the sd A. [for the pchase of the fee simple in possion free from incumbrances of the hereds hby assured] (the rect whof is hby acknowledged), the sd A., as beneficial owner (e), doth hby grant (f) [and the sd B., by the direction of the sd A. and for the ppose of extinguishing her dower, doth hby rele] unto the sd C., his hrs and assigns (g), parcels referring, if need be, to a schedule or plan or both, see p. 344, et seq., omitting general words and estate clause (h), To HOLD Grant. Habendum. (d) See p. 386, note. (e) The words "as beneficial owner are inserted to raise the implied statutory covenants for title by the person conveying in that capacity, see p. 365, note. The statutory covenants by the husband would extend to the acts of the wife in respect of her dower, without making her release "by direction" of the husband, as she "claims under" him; but without those words the covenant for right to convey would not be accurate, and being harmless, though inappropriate, they are therefore inserted. As it is assumed in all the Precedents that the statutory covenants by beneficial owners for title, and by fiduciary owners against incumbrances, will be relied on in all cases to which they are applicable, it may here be stated to avoid repeating in every case the variations required if express covenants are inserted, that the forms of express covenants for title will be found at pp. 365–379, and the forms of covenants against incumbrances by fiduciary owners at pp. 379, 380; the covenants if inserted would usually be placed after the habendum or at the end of the deed; the special statutory words as beneficial owner," or 66 as trustee," &c. (see pp. 365 et seqq. note), being in that case of course omitted. (ƒ) The word "convey" may be used in lieu of "grant," being not equally appropriate (see above, p. 368, note), and being used in the forms in the schedules to the Conv. Act, 1881. (g) As to the use of the words "in fee simple," in lieu of "hrs and assigns," for limiting an estate in fee, see the Conv. Act, 1881, s. 51, and the forms in the schedules to the Act; and above, p. 359, note (c). (h) See above, p. 357, note, p. 359, note (a). the sd premes hby assured UNTO (i) AND TO THE USE of the PREC. I. sd C., his hrs and assigns, subjt to the leases and agreemts with the tenants which are hinbefore (i.e., in the parcels) mentd or referred to, or give the short particulars of the leases and tenancies here, see p. 360: [AND the sd A. doth hby Acknow ledgment, acknowledge the right of the sd C. to production and delivery of copies of the documts of title in the possion of him, the to munisd A., which are mentd in the schedule hto, and hby undertakes for the safe custody of such documts (k)]. IN WITNESS whof the sd pties hto have hereunto set their respive hands and seals the day and year first above written (1). [The first schedule above referred to.] [Schedule of parcels.] [The second schedule above referred to.] [Schedule of muniments.] Signed, sealed, and delivered by the above named A. [and B.] in the presence of [Receipt endorsed or appended.] [Received of the within [above] named C. the sum of (i) If the purchaser was married on or before the 1st of January, 1834, to a wife now living say, "unto the sd, purchaser, and his hrs, subjt, &c., to leases and tenancies, to the use, &c., uses to bar dower, p. 361." (k) See p. 386, note. It is assumed in these Precedents that the statutory acknowledgments, &c., will be used whenever the case admits of it, both in the case of beneficial owners, and trustees and mortgagees. For the form of express covenant for production by a beneficial owner, if it is desired to insert it, in lieu of the statutory acknowledgment, &c., see p. 386; and for the form for trustees and mortgagees, see p. 390. (2) As to the rights of the purchaser with respect to the exccution of the conveyance, see the Conv. Act, 1881, s. 8; and as to execution by attorney, see s. 46. &c., as ments. pounds, being the conson within [above] expd to have been paid to me, dated the day of (Signed) A.] (m). PREC. II. Witnesseth. II. CONVEYANCE of FREEHOLDS by APPOINTMENT only under a power (a). VARIATIONS where RECITALS are OMITTED. PARTIES, A., vendor, 1; B., purchaser, 2. [Recite conveyance to such uses as A. shall appoint, setting out the power fully. Contract for sale, p. 337, form 1. [Recital as to muniments, p. 341.] NOW THIS INDRE] WITNETH that [in psuance of the sd recited agreemt, and] in conson, &c., (the rect, &c.), see last precedent, the sd A., as beneficial owner (see p. 365, note, p. 406, note (e)), in exercise of the power given to him by the hinbefore recited indre [an indre dated, &c., and expd, &c.], and of every other power enabling Appoint him in this behalf, doth hby appoint that ALL THAT, parcels, p. 344, omitting general words and estate clause (b), shall, subjt, &c., to leases and tenancies, henceforth be and remain TO THE USE of the sd B., his hrs and assigns. [Acknowledgment and undertaking by A., as to muniments, p. 391, see p. 407, note (k)]. ment. IN WITNESS, &c. (c). (m) The endorsed receipt is now generally useless and should be omitted; see the Conv. Act, 1881, ss. 54, 55, above, p. 341, note (c). As to the payment of the purchase money to the vendor's solicitor, see the Act, s. 56, and above, p. 342, note. (a) This is for a case where the vendor has no estate in default of appointment or otherwise. The vendor is sometimes made to convey by grant as well as appointment, in case he should by any means have acquired an estate as well as a power. For a conveyance by appointment under a power and by grant of the vendor's estate in default of appointment, see the next Precedent. (b) See above, p. 357, note, p. 359, note (a). The enactment in the Conv. Act, 1881, s. 63, making a conveyance include "all the estate," &c., applies to appointments. (c) As to the mode of executing a deed exercising a power, where special formalities are required by the power, see p. 77, note. III. CONVEYANCE of FREEHOLDS where the estate stands PREC. III. nesseth. ment Parties, A., vendor, 1; B., purchaser, 2. [Recite conveyance to uses to bar dower in favour of A., p. 318; Contract for sale, p. 337. NOW THIS INDRE] WITNETH that Wit[in psuance of the sd recited agreemt and] in conson, &c., (the rect, &c., see Precedent I.,) the sd A., as beneficial owner (a), in exercise of the power given to him by the Appointhinbefore recited indre [an indre dated, &c., and expd, &c.], and of every other power enabling him in this behalf, doth hby appoint (b), and by virtue of his este and interest, and by way of further assurance, grant and confirm unto the sd Grant. B., his hrs and assigns, parcels, p. 344, omitting general words and estate clause, see pp. 357, 359, TO HOLD the sd Habenpremes UNTO AND TO THE USE of the sd B., his hrs and assigns, [Acknowledgment and undertaking by A. as to muniments, p. 391, see p. 407, note (k)]. IN WITNESS, &c. (a) See p. 365, note, p. 406, note (e). Where the conveyance is to uses (see the next note), and the vendor appoints as well as grants as beneficial owner, the implied covenants created by the grant will be with the grantee, and the benefit of the covenants will go with the estate through him to the cestuis que use; but as the appointment is made direct to the uses without the medium of the grantee, the covenants implied by the appointment will be with the cestuis que use direct. The express covenants if inserted would be with the grantee to uses. (b) If the conveyance is to any uses less simple than to the purchaser in fee, the appointment and grant must be by separate clauses in order that the seisin may not remain in the grantee to uses; the deed running from this point as follows: "That all and singular the hereds hby granted, shall (subjt as hinafter mentd) henceforth remain and be to the uses dum. |