PREC. XXV.

Recitals.

XXV.

CONVEYANCE of FREEHOLDS by TRUSTEES for SALE under a WILL to the SEPARATE USE of a MARRIED WOMAN, the HUSBAND not being a party; the persons BENEFICIALLY interested in the PURCHASE-MONEY or such of them as are Nor under DISABILITY confirming the SALE and COVENANTING for the TITLE. VARIATIONS where MARRIED WOMEN are interested (a).

PARTIES, A. and B., trustees, 1; C., D. " and E. his wife," F. " and G. his wife," and H., persons interested in the purchase-money, 2; I., purchaser, “the wife of X., of, &c.,” 3 ; K., trustee for I., 4. Recite will of testator, setting out fully the trust for sale and receipt clause (if any), p. 327, and stating shortly the trusts of the purchase-money, so as to show the interests of the parties of the second part; Death of testator and probate, p. 333, and testator's seisin, p. 327; Occurrence of events upon which the trust for sale was to arise; Contract for sale by A. and B. to I., p. 338, form IV.; "for the sum of £, which sum is intd to be paid by the sd I. out of monies belonging to her for her separate use, independently of her sd husband, and she is desirous that the sd hereds and premes shall be conveyed and assured to the uses and in mner hinafter expd: AND WHAS the sd pties hto of the second part [or (as regards such of them as are married women) their sd husbands in their right] are under the trusts of the sd will beneficially entled to the pchase-money of the hereds and premes thby devised in trust for sale as afsd, in equal shares [or, in the shares and proportions following (that is to say), &c., or, "to shares of the pchase-money of the hereds and premes, &c., the psons entled to the remaining Agreement shares thof, being under the age of 21 years"]: AND (a) As to making the beneficiaries parties in such a case, see Dart V. & P.,

Interest

of beneficiaries.

to concur.

nesseth.

WHAS the said pties hto of the second pt have agrd PREC. XXV. to concur in these presents, for the pposes and in mner hinafter appearing: NOW THIS INDRE WITNETH that Witin psuance, &c., and in conson of the sum of £ to the sd A. and B., paid by the sd I. out of monies belonging to her for her separate use, independently of the sd X. (the rect, &c.), they, the sd A. and B., as trees of the sd will (e), at the request of the sd I., do hby grant, and the sd Grant. pties hto of the second pt as beneficial owners (e), according to their respive interests, do resply hby confirm unto the sd K., his hrs and assigns, parcels, p. 344, omitting general words and estate clause, see pp. 357 and 359, habendum to separate use of I. p. 364: Proviso restric'ing liability of C., D., E., F., G., and H., under the statutory covenants, to a share in the premises conveyed, corresponding to his or her share in the purchase money, see p. 384, form 1. [Acknowledg ment [and undertaking] by A. and B. as to muniments, p. 391]. IN WITNESS (a).

XXVI.

CONVEYANCE to one of the TRUSTEES and EXECU-
TORS of a will of FREEHOLDS purchased under a
RIGHT OF PRE-EMPTION (b) given to him by the
WILL, and of LEASEHOLDS held for a LONG
TERM (c), the duration of which is UNKNOWN, with
the CONCURRENCE of the BENEFICIARIES (d).

PARTIES, A., B., and C., trustees and executors and also

(e) See pp. 365 et seq., note; p. 383, note.

(a) To be acknowledged by E. and G.

PREC.

XXVI.

(b) As to the exercise of a right of pre-emption of this kind, see Brøske v. Right of Garrod, 2 De G. & J. 62 ; In re Hodges, L. R. 16 Eq. 92; Austin v. Tawney, pre-emp L. R. 2 Ch. Ap. 143.

(c) See the power given by the Conv. Act, 1881, s. 65, to enlarge a long term into a fee simple.

(d) The concurrence of the beneficiaries is not necessary as to the freeholds,

tion.

Will.

Seisin of

testator.

PREC. XXVI. beneficiaries, 1; D. and E., beneficiaries, 2; "the sd" C., Recitals. purchaser, 3. Recite will of X., containing general devise and bequest to A., B., and C., in trust for sale and division of proceeds after payment of debts, &c., among his children, A., B., C., D., and E., with option to testator's sons in succession according to seniority to purchase, "the freehd messuage and hereds hby granted," at a valuation to be made by a valuer to be nominated by the trustees, and appointing A., B., and C. executors-death and probate, p. 333; And whas the sd X. was at his decease seised in fee simple of the sd freehd messuage and hereds hby granted free from incumbrances, and was also absolutely entled to the piece of land and hereds hby assigned, which are of leasehd tenure, and (as is believed) free from rent and covenants, and are held for a long term of years, but the origin and duration of such term are not known: AND WHAS the sd C. is the eldest son of the sd X.: AND WHAS in psuance of the trusts of the sd will, the sd A., B., and C., duly appointed K., of, &c., and L., of, &c., to value the sd freelid messuage and hereds, and the same were valued by them at the sum of Offer and £: AND WHAS the sd A., B., and C., by writing under their hands, dated, &c., psuant to the directions of the sd will, duly offered the same messuage and hereds to the sd C. at the sd valuation price of £, and the sd C., by writing under his hand, dated, &c., or, "within the time in that behalf prescribed by the sd will," duly decld his desire to pchase the sd messuage and hereds for the sd sum of £, and requested the sd A. and B. to convey the same Agreement to him psuant to the sd will: AND WHAS the sd A. and B., as such exs [trees] (d) as afsd, with the approbation and concurrence of the sd D. and E., have also agrd with the sd C. for the sale to him of the sd leasehd piece of land and

Valuation

of freeholds.

acceptance.

for sale

of long

term.

which are conveyed according to the trusts of the will; but as to the leaseholds is necessary; as to purchases by trustees from themselves or their cestuis que trust, see Lewin on Trusts, 6th edit. p. 422, In re Worssam, Weekly N., 1882, 61.

(d) The sale may be made by the parties as executors or trustees, according to whether they have assented to the bequest to themselves or not.

hereds for the sum of £

to concur.

nesseth.

at which the same have been PREC. XXVI. valued by the sd K. and L., for the ppose of such sale, on the instructions of the sd A., B., D., and E., such valuation having been made as if the sd premes were freehd: AND WHAS the sd D. and E. have agrd to concur Agreement in these presents for the ppose of confirming the sd sale, as well of the sd freehd as of the sd leasehd hereds, and the assurance thof hby made and otherwise in mner hinafter expd: NOW THIS INDRE WITNETH, that Witin psuance of the sd agreemt in this behalf and in execution of the trusts of the hinbefore recited will of the sd X., and in conson, &c., purchase money for freeholds, now paid by the sd C. to the sd A., B., and C., as trees of the sd will, with the approbation of the sd D. and E. (the rect, &c.), they the sd A. and B., as trees of the sd will (e), do resply hby grant and rele (ƒ), and each of them the sd A., Grant. B., D., and E., as beneficial owner (e), as to one undivided fifth pt of the messuage and hereds hinafter described and intd to be hby granted, doth hby grant, rele, and confirm unto the sd C., his hrs and assigns, freehold parcels, p. 344, omitting general words and estate clause, see pp. 357, 359, habendum to C. in fee, p. 359, discharged from the trusts and provons of the sd will of the sd X. AND THIS Further INDRE ALSO WITNETH, that in psuance of the sd recited agreemt in this behalf, and in conson, &c., the purchase money for leaseholds (the rect, &c.), the sd A. and B., as such exs [trees] as afsd (e), do resply hby assign and rele, and each of them the sd A., B., D., and E., as beneficial owner as to one equal undivided fifth pt of the piece of land and hereds hinafter described and intd to be hby assigned, doth hby assign, rele, and confirm unto the sd Assign

witnesseth.

ment.

C., his exs, ads, and assigns, leasehold parcels, p. 344, Haben

omitting general words and estate clause: To HOLD the

(e) See p. 366, note.

(ƒ) This operates as a release by A. and B. of their estate in joint tenancy to C. their co-tenant. The Conv. Act, 1881, s. 50, does not apply to this case.

dum.

PREC. XXVI. same, UNTO the sd C., his exs, ads, and assigns, henceforth for all the term of years, este and interest for which the same premes are held (g), discharged from the trusts of the sd will [Covenant by A. and B. with C. for production of deeds in the joint custody of A., B., and C., as executors and trustees, p. 390, form II. (h)].

IN WITNESS, &c.

PREC. XXVII.

Acknow

XXVII.

CONVEYANCE of FREEHOLDS by a TRUSTEE under a POWER OF SALE in a STRICT SETTLEMENT by REVOCATION and APPOINTMENT of the use (a), with the consent of the TENANT FOR LIFE. A JOINTRESS under a prior Settlement, and the TRUSTEE of a TERM for securing the JOINTURE concur for the purpose of RELEASING the ESTATE and SURRENDERING the TERM, which is merged. THE TENANT FOR LIFE covenants to INDEMNIFY the PURCHASER from another overriding CHARGE and the SUCCESSION

(g) If there were any doubt as to the tenure, the conveyance should be frained so as to be effectual in either case.

(h) It is considered that the statutory acknowledgment would not be effecledgment. tual in this case, as the documents are in the joint custody of A., B., and C., and the Act only applies where the acknowledgment is given by the person or persons in possession of the documents to another person, see p. 387, note; and that even the addition of an express declaration that the acknowledg ment is intended to operate according to the statute in the same manner as if the deeds were in the possession of the parties giving it, might not remove the objection, as it is doubtful whether it would be binding on third parties, to whom the deeds might be afterwards delivered. It is better, therefore, in this case to insert an express covenant.

(a) The trustee having no estate. For a shorter form, see the next Precedent. If the legal estate were in the trustee, he would convey by grant, as in Precedent XXV.