PREC. XI. sd agreemt, and for the conson afsd, the sd A., as mtgee (d), [in exercise, &c., as above,] doth hby assign Assignunto the sd B., his exs, ads, and assigns, ALL AND ment. SINGULAR the sd hereds and premes comprd in and demised by the hinbefore recited indre of lease; Habendum to B., his exs, ads, and assigns, for all the residue now unexpired of the sd term of years [less days, and render for all such este or interest in the same nominal reversion of days as the sd A. has power to assign (e)], free from equity of redemption, as above, but subject to rent and covenants of lease, p. 362, Form xш.: AND THIS INDRE Further ALSO WITNETH that in further psuance of the sd witnesseth. agreemt, and in conson, &c., the apportioned purchase-money for the copyholds (the rect, &c.), the sd A., as mtgee (d), Covenant [in exercise, &c., as above,] doth hby covenant with to surthe sd B., his hrs and assigns, that he, the sd A., his copyholds. hrs or assigns, will immediately after the execution of these presents, at the cost of the sd B., his hrs or assigns, surrender (f) into the hands of the lord or lady of the sd manor, copyhold parcels, p. 344, omitting general words and estate clause, see pp. 357, 359. TO THE USE of the sd B., his hrs and assigns, according to To use of purchaser. the custom of the sd manor by and under the rents, fines, suits, and services due and of right accustomed for the same, but free, &c., from equity of redemption, as above. If the mortgage of the leaseholds was effected by assignment, and 1. will be under any continuing liability (see p. 237, note (d)), (d) See note), last page. (e) This would pass the mortgagee's equitable interest in the nominal reversion under the declaration of trust thereof (if any) in the mortgage, and also, if the Act 23 & 24 Vict. c. 145, s. 15 applies, the legal interest therein; see above, p. 423, note. (f) This of course implies that the mortgagee must first get admitted on the conditional surrender, unless the mortgagor's concurrence can be obtained, and there are no subsequent surrenders on the Court rolls, in which case the fine on the mortgagee's admittance may be saved by vacating the conditional surrender, and procuring a surrender direct from the mortgagor to the purchaser. 1 Brad is ezentors and administrators, Autư mua chá e conants of lease, p. 393; “Stanare, acoma), dum 17 (and undertaking] by A., as to WORLDRENS 7. $82, 8o p. 407, note (k)]. XII. NVEYANCE of FREEHOLDS by MORTGAGEE under POWER of SALE. A CONCISE Form without Recitals. VARIATIONS where the Sale is made under the STATUTE of 1860 or 1881 (a), and where the Conveyance is by SUPPLEMENTAL Deed (b). Parts, A., mortgagee, (hinafter called the vendor), 1; B., purchaser, (hinafter called the pchaser), 2; [supplemental to an indre of mtge, &c.] WITNETH that in conson, &c., (the rect, &c.), the vendor, as mtgee (see p. 365, , in exercise of the power vested in him by virtue of an indre of mtge, dated, &c., and expd, &c., or, "the abovementd indre of mtge"; [and the Act 23 & 24 Vict. c. 145, or, the Conveyancing and Law of Property Act, 1881], and of every other power in this behalf him enabling, doth hby grant unto the pchaser, his hrs and assigns, parcels, p. 344, omitting general words and estate clause, see pp. 357, 359; Habendum to purchaser in fee, free from mortgage, p. 361, form VIII. IN WITNESS, &c. (a) See p. 423, note. XIII. CONVEYANCE of Freeholds by EXECUTORS of a PREC. XIII. PARTIES, A. and B., executors of mortgagee or transferee, 1; [C., heir of mortgagee or transferee, 2;] D. purchaser, 3. Recitals. Recite the mortgage, setting out the following clauses of the power of sale, the authority to sell and convey, [the provision as to heir of mortgagee joining in conveyance,] the clause protecting purchasers, and the receipt clause if any [if the mortgage has been transferred, add the clause (if any), declaring that the power may be exercised by any one capable of giving a receipt for the mortgage-money, and recite the transfer, p. 427]: AND WHAS the sd, mortgagee or transferee, Will of day of, having by his will dated the mortgagee. appointed the sd A. and B. exs thof, who same on the died on the day of -: day of, in the as to legal duly proved the Court of [AND WHAS the sd, mortgagee or transferee, Intestacy died intestate as to the legal este in the sd mtged premes, estate of and left the sd C. his eldest son and heir at law]: mortgaged property. Agreement for sale, p. 338: NOW THIS INDRE WIT- WitNETH that in psuance, &c., and in conson of the sum nesseth. of £ now paid by the sd D. to the sd A. and B. (the rect, &c.), [the sd C., as tree (b), by the direction of the sd A. and B., doth hby grant and], the sd A. and Grant. B. as mtgees (b), [in exercise, &c., see p. 424,] do hby (a) If the mortgagee died before 1882, his heir or devisee of mortgage estates must concur, notwithstanding the Vendor and Purchaser Act, 1874, s. 4; if he died since the 31st Dec., 1881, the legal estate necessarily vests in and will be conveyed by his personal representatives under the Conv. Act, 1881, s. 30; see p. 420, note. (b) See p. 366, note, p. 406, note (e). PREC. XIII. grant and confirm unto the sd D., his hrs and assigns, parcels, p. 344, omitting general words and estate clause, see pp. 357, 359; Habendum to D. in fee, free from equity of redemption, p. 364, form XVI., if there has been a transfer, say, "indres of mtge and transfer, or either of them." IN WITNESS, &c. PREC. XIV. Recitals. XIV. CONVEYANCE by the EXECUTORS and DEVISEES (a) of a SECOND MORTGAGEE under a Power of Sale, with the concurrence of the FIRST MORTGAGEES, of FREEHOLDS and COPYHOLDS to the USES of a Strict SETTLEMENT. PARTIES, A., B., and C., first mortgagees, 1; D. and E., executors and devisees of second mortgagee, 2; F., tenant for life under settlement, 3; G. and H., trustees of settlement, 4. Recite mortgage of freeholds and copyholds by X. to A., B., C., and K., p. 321, on joint account, setting out joint account clause, if any (b), omitting the covenant for payment; Conditional surrender by X. to A., B., C., and K., p. 321; Death of K.; Second mortgage of frecholds and copyholds by X. to Y., subject to the prior mortgage, setting out the power of sale, if any, and subsidiary provisions as in last Precedent, with the exception of the provision as to the heir of the mortgagee joining in the conveyance; Conditional surrender by X. to Y., p. 321; Will of Y. appointing D. and E. executors, (a) The mortgagee is supposed to have died before 1882, otherwise the legal estate would vest in the executors; see p. 420, note. The executors and devisees of mortgage estates (under the old law) would generally be the same persons. (b) This clause would, in a mortgage since 1881, be unnecessary; see the Conv. Act, 1881, s. 61. the Settlement. trustee. Appointment of was new trus tee. and devising mortgage estates to them; Death of Y. and pro- PREC. XIV. bate, p. 333; Strict settlement (under which F. is tenant for life in possession), and in the sd indre is contd a power of sale of the hereds therein comprd to be exercised by the trees or tree for the time being of the sd settlemt at such request or at such discretion as therein mentd, and it was thby decld that the sd trees or tree for the time being should with all convenient speed invest the monies arising from. any such sale, &c., directions for investment in the purchase of freeholds or copyholds to be conveyed as to freeholds to the uses of the settlement, and as to copyholds upon corresponding trusts; And in the sd indre now in recital is contd a power for the appointmt of new trees thof, in the place of trees dying or otherwise as therein mentd: AND WHAS Death of the sd I. died on, &c.: AND WHAS by an indre, dated, &c., in exercise of the sd power in that behalf in hinbefore-recited indre of settlemt contd, the sd H. appointed to be a tree thof in the place of the sd I.: WHAS certain portions of the hereds comprd in the sd indre settled of settlemt have lately, at the request and by the direction estates. of the sd F., and in exercise of the sd power of sale in the same indre contd, been sold by the sd G. and H.: AND Agreement WHAS the sd D. and E., as exors of the sd Y., and in exercise of the power of sale vested in them under or by virtue of the sd indre of mtge of, &c., [and the statute in that behalf] have agrd to sell, and the sd G. and H., as trees of the sd indre of settlemt, and in psuance of the direction therein contd as afsd, and with the consent (hby testified) of the sd F., have agrd to pchase the freehd hereds hby granted in fee simple in possion and the copyhd hereds hinafter covenanted to be surrendered, and the inheritance thof in possion, according to the custom of the sd manor, for the sum of £, which is intended to be paid by the sd G. and H. out of the monies arising from the sale of the hereds sold by them as aforesaid (c) Recital of amount due AND Sale of (c) The recitals of the settlement, and the dealings under it, may be for sale. |