PREC. XXVIII. Witnesseth. tenant during his life, with remrs over, and the vendors have power at the request in writing of the life-tenant to sell and assure, in mner hinafter expd, the fee-simple of the same hereds, and to give an effectual discharge for the Contract. pchase-money thof: AND WHAS the vendors in exercise of the sd power of sale, and at the request of the life-tenant, have agrd with the pchaser for the sale to him of the fee simple in possion of the sd hereds for the sum of £ NOW THIS INDRE WITNETH that, in psuance, &c., and in conson of the sum of £ now paid by the pchaser to the vendors (the rect, &c.), the vendors as trees of the sd settlemt [will] (b), and in exercise of every power enabling them in this behalf, whether under the sd settlemt [will] or otherwise, and at the request of the life-tenant do hby revoke all the uses, trusts, and limons of and concerning the hereds hinafter described and intd to be hby appointed, which are now subsisting or capable of taking effect under the sd settlemt [will], And do hby appoint that, parcels, p. 344, omitting general words and estate clause, see pp. 357, 359, shall henceforth remain and be TO THE USE of the pchaser, his hrs and assigns; Clause incorporating statutory covenants for title by the life-tenant p. 384; Proviso restricting his liability under the covenants, p. 385; Acknowledgment and undertaking by life-tenant as to deeds, p. 391. Revoca tion. Appointinent. IN WITNESS, &c. PREC. XXIX. SURRENDER of FREEHOLDS by TENANT FOR LIFE to PARTIES, A., tenant for life, 1; B., remainderman, 2. Recitals shewing the titles of the parties, p. 331, form vi. or VII. (b) See p. 366, note. PREC. XXIX. Wit AND WHAS the sd A. has agrd with the sd B. for the sale and surrender to him of the life este of the sd A., in the hereds hby assured for the sum of £-. NOW THIS Contract. INDRE, &c., consideration, receipt, the sd A. as beneficial nesseth. owner (a), doth hby grant and surrender unto the sd B., his hrs and assigns, Parcels, p. 344, omitting the general words and estate clause, see pp. 357, 359; TO HOLD the same premes UNTO AND TO THE USE of the said B. his hrs and assigns for Habenand during the life of the sd A., to the intent that the este for life of the sd A. in the said premes, may merge and be extinguished in the reversion and inheritance thof, and that the sd B. may become seised of, or entled to the same premes for an este of inheritance in fee simple in possion. IN WITNESS, &c. dum. XXX. CONVEYANCE of REVERSION in fee of FREEHOLDS PREC. XXX. to a PURCHASER. COVENANT by PURCHASER to pay SUCCESSION DUTY (b). PARTIES, A., vendor, 1; B., purchaser, 2. Short recital Recitals. of title of A. in reversion expectant on the decease of X., the tenant for life, p. 329: AND WHAS the sd A. has agrd Contract. with the sd B. for the sale to him for the sum of £- of the reversion and inheritance in fee simple of the sd A., expectant on the decease of the said X., of and in the sd (a) See p. 366, note. The express covenants for title, if inserted, would be for right to convey "the sd life este and premes," for quiet enjoyment "during the life of the sd A.," free from incumbrances, and for further assurance of the "sd life este and premes." (b) As to sales of reversions, see 31 & 32 Vict. c. 4; Miller v. Cook, L. R. Sales of 10 Eq. 641; Earl of Aylesford v. Morris, L. R. 8 Ch. Ap. 484; Benyon v. reversions. Cook, L. R. 10 Ch. Ap. 389; O'Rorke v. Bolingbroke, 2 App. Cas. 814. Witnesseth. Grant. PREO. XXX. hereds, and it has been further agrd that the succession duty payable in respect of the sd premes upon the decease of the sd X., shall be paid by the sd B., and that he shall enter into the covenant in relation thto hinafter contd: NOW THIS INDRE WITNETH that, &c., consideration, (the rect, &c.), the sd A. as beneficial owner (see p. 406, note (e)), doth hby grant unto the sd B., his hrs and assigns, parcels, p. 344, omitting the general words and estate clause, see pp. 357, 359; TO HOLD the same premes UNTO AND TO THE USE of the said B., his hrs and assigns, subjt to the este for life of the sd X. in the same premes: Covenant by B. to pay succession duty, p. 396, and see note thereto. IN WITNESS, &c. To purchaser in fee. PREC. XXXI. Witnesseth. Haben dum. XXXI. RELEASE of REVERSION in fee of FREEHOLDS, expectant on an ESTATE FOR LIFE, to the TENANT FOR LIFE. PARTIES, A., remainderman, 1; B., tenant for life, 2. Recitals as in the last Precedent, mutatis mutandis. NOW THIS INDRE WITNETH, &c., consideration (the rect, &c.), the sd A., as beneficial owner (see p. 406, note (e)), doth hby grant and rele unto the sd B., his hrs and assigns, parcels, p. 344, omitting the general words and estate clause, see pp. 357, 359; TO HOLD the same premes UNTO and to THE USE of the sd B. his hrs and assigns subjt to the este for life of the sd B. in the sd premes, to the intent that the same may merge and be extinguished in the reversion and inheritance of the sd premes, and that the sd B. may be henceforth seised of or entled to the fee simple and inheritance in possion thof; Covenant by B. to pay succession duty, p. 396. IN WITNESS, &c. XXXII. CONVEYANCE of REVERSION in fee of FREEHOLDS to a PREC. XXXII. seth. PARTIES, A., reversioner, 1; B., lessee, 2. Recite lease of, "the messuage, &c., and hereds hinafter mentd," from A. to B., p. 325; Contract for sale of, "the reversion and inheritance in fee simple expectant on the hinbefore recited lease of, &c., of and in the sd messuage, &c.," p. 337: NOW THIS INDRE WITNETH, &c., consideration, Witnes (the rect, &c.), the sd A., as beneficial owner (see p. 406, note (e)), doth hby grant and rele unto the sd B., his hrs and assigns, parcels, p. 344, omitting the general words and estate clause, see pp. 357, 359; To HOLD the same premes UNTO HabenAND TO THE USE of the sd B., his hrs and assigns, subjt to the sd term of years created by the hinbefore recited indre of lease of, &c., to the intent that the sd term may be henceforth absolutely merged in and consolidated with the reversion and inheritance in fee simple of the sd premes expectant on the determination of the sd term. IN WITNESS, &c. dum. XXXIII. CONVEYANCE of FREEHOLDS by equitable TENANT FOR LIFE and REMAINDERMEN, and a TRUSTEE in PARTIES, A., tenant for life, and B., C., and D., remain PREC. dermen, 1; E., trustee, 2; F., purchaser, 3. Recitals of Recitals. PREC. XXXIII. of succes sion duty. Witnesseth. Grant. Recital as to muniments, p. 341; [AND WHAS the succession duty payable upon the decease of the sd A. in respect Payment of the sd premes hby assured, has been compounded for and paid and satisfied by the sd B., C., and D., prior to the execution of these presents] (a): NOW THIS INDRE WITNETH that in psuance, &c., and in conson of the sum of £, to the sd pties hto of the first pt paid by the sd F. (the rect, &c.), the sd E., as tree (b), by the direction of the sd pties hto of the first pt, doth hby grant, and the sd A..as beneficial owner (b), as to the este for his life, and all other, if any, his este or interest in the hereds hby assured, doth hby grant, and the sd B., C., and D., each of them conveying as beneficial owner (b) of one equal third pt of the reversion in fee simple [or, if they are entitled unequally, as beneficial owner (b) of the pt or share of or in the sd premes to which he or she is entled as hinbefore appears in reversion] expectant on the life este of the sd A. in the sd premes, and all other, if any, their respive estes or interests therein, do resply hby (c) grant and confirm unto the sd F., his hrs and assigns, parcels, p. 344, omitting the general words and estate clause, see pp. 357, 359, Habendum to F. in fee; [Acknowledgment and undertaking by A. as to muniments in his possession and retained by him relating to the fee, or to his life estate only, and by B., C. and D. respectively as to Succession duty. (a) If the duty is not paid in advance, a covenant for payment should be inserted; see p. 396. As to the commutation of duty in respect of a reversion, see the Succession Duty Act, 1853, s. 41, and as to personalty, see 43 Vict. c. 14, s. 11. (b) See p. 366, note. This implies a covenant by E. against incumbrances, and covenants for title by A. as to his life estate in the entirety, and by B., C., and D., as to their respective interests in reversion. (c) If the interests of the parties of the first part are shown by the recitals, they may convey as follows: "And they, the sd pties hto of the first pt, each of them conveying as beneficial owner of the respive este, share, or interest in the hereds hby assured, to which he or she is entled, as hinbefore appears, and all other (if any) his este or interest therein, do resply hby, &c." |