any muniments in the possession of and retained by them respectively relating to their reversionary interests only, p. 391.] (d).

PREC. XXXIII.

IN WITNESS, &c.

XXXIV.

CONVEYANCE of freeholds by TENANTS IN COMMON having various interests. VARIATIONS where ONE of the SHARES is conveyed by TRUSTEES under a POWER by REVOCATION and APPOINTMENT of the USE, and where one of the vendors is an INFANT (a). PARTIES, A., owner of share, 1; B., and C., his wife, owners of share, 2; D. and E., trustees of share, 3; F., tenant for

PREC.

XXXIV,

(d) See p. 386, note. The acknowledgment, &c., of the tenant for life as Covenants to the muniments relating to the fee would of course suffice, without the rever- for prosioners joining in it, and their doing so would be, in fact, inefficacious, as the duction. dee is are not in their possession; see p. 387, note. The express covenants for production, if inserted, would (assuming that the deeds in the first part of the schedule relate to the whole fee, those in the second part to A.'s life estate only, and those in the remaining parts to the reversionary interests only), be as follows:

"And each of them, the pties hto of the first pt, doth hby covenant with the sd F., his hrs and assigns, the sd A. covenanting as to the documts in the first and second pts of the schedule hto only, and as to the acts and defaults of himself and his assigns during his life only, And the sd B. covenanting as to the documts in the first and third pts of the schedule hto only, and as to the acts and defaults of himself, his hrs and assigns only and as to the documts in the first pt of the schedule hto after the decease of the sd A. only, similar restrictions on covenants by C. and D., that they the sd covenanting pties resply, or their respive heirs or assigns, will, &c., as in p. 386, form 1., mutatis mutandis.

(a) Where one of the tenants in common is an infant he is sometimes made Infant a party, the other vendors or some of them covenanting for his execution, and vendor.

VOL. I.

H H

PREC. XXXIV.

Recital as

ance of

share of infant.

life of last-mentioned share, 4; G., executor with power of sale of share, 5; H. and K., tenant for life and remainder

his share of the purchase-money being paid to them or retained by the purchaser in the meantime. The following additions to the above Precedent are applicable to that case; see also the form of bond above, p. 209, and the note thereto :

"AND WHAS it has been agrd that the sd, infant, shall be to convey made a pty to these presents to the intent that he shall execute the same when he shall have attained the age of twenty-one years, and that the sd other pties hto of the pts shall enter into the covenant hinafter contd to procure such execution by him and otherwise as hinafter mentd, And that the sum of £ being the share of the sd, infant, of the sd pchase-money shall in the meantime be retained by the sd, purchaser, and shall be pd to the sd, infant, his hrs or assigns with interest at the rate of £per cent. per annum, from the date of these presents upon these presents being duly executed or confirmed by and made binding on the sd, infant, his hrs or assigns as hinafter mentd, and that the sd, purchaser, shall be entled to the possion or rents and profits of the entirety of the sd premes from the date of these presents.

Covenant

that infant shall con

of age.

"And in psuance of the sd agreemt in this behalf each of them the sd pties hrto of the first pt, other than the sd, vey when infant, doth hby, covenant with the sd, purchaser, his hrs and assigns that the sd, infant, upon attaining the age of twenty-one years, or in the event of his death, his hrs and also any other pson or psons claiming under him any este or interest in his sd share of the sd premes hby assured shall forthwith or at any time thereafter upon the request of the sd, purchaser, his hrs or assigns, but at the cost of the sd pties hto of the first pt, or some or one of them, and upon paymt of the share of the sd, infant,in the sd pchasemoney with interest as afsd, execute these presents, or such other assurance or instrumt for confirming these presents and the assurance and covenants hinbefore contd, and making the same binding on the sd, infant, and his hrs

PREC.

XXXIV.

shares are

now vested.

man of share, 6; L. and M., coparceners of share, 7; N. purchaser, 8; Recite will of X., devising premises to his children at 21, &c., as tenants in common in fee, p. 327; Recitals. Death and Probate, p. 333; That X. left issue six children all of whom attained 21, namely, A., C., F., P., Q. and R.; Settlement on marriage of F. conveying his share to trustees, D. and E., in trust for [or with a power of] sale with his consent; Will of P. containing a charge of debts implying a power of sale in the executor, G.; Death and Probate; Will of Q. devising his share to H. for life, remainder to K. in fee; Death and Probate; Death of R. intestate leaving L. and M., his two daughters, coheiresses; [AND WHAS by the How means afsd the sd pties hto of the first seven pts are now entled to or have power to dispose of the sd hereds and premes in the respive shares and mner following (that is to say), the sd A. is entled to one equal undivided sixth share in his own right, the sd B. and C. are entled to one other sixth share in right of the sd C., one other sixth share is vested in the sd D. and E. as trees of the sd settlemt of, &c., in trust [or, is comprd in the sd settlemt of, &c., with power to the sd D. and E. as trees thof] with the consent of the sd F. to sell the same and give rects for the pchasemoney thof, the sd G., as exor of the sd P., deceased, and by virtue of the charge of debts contd in his sd will as afsd has power to sell one other sixth share and to give rects for the pchase-money thof, one other sixth share is vested in the sd H. during his life with remr to the sd K., in fee simple under the sd will of the sd Q. deceased; and the remaining one sixth share is vested in the sd L. and M. in coparcenary as coheiresses of the sd R. deceased (b)]; AND WHAS the Agreement

and all psons claiming under him as afsd, as by the sd, purchaser, his hrs or assigns may be reasonably required."

(b) The recital in brackets is unnecessary, but where the previous recitals are complicated it is sometimes useful to sum up the result in this way; and this recital might be made the basis of a short recital of the title, so as to avoid detailed recitals of the various instruments and events.

for sale.

PREC. XXXIV.

sd pties hto of the first seven pts by virtue of their respive estes, powers, and interests, and as to the sd D. and E. in execution of the trust for [or, power of] sale contd in the sd indre of settlemt of, &c., with the consent (hby testified) of the sd F., and as to the sd G., in exercise of the power of sale vested in him under the will of the sd P. as afsd, have resply contracted with the sd N. for the absolute sale to him of the entirety of the sd hereds and premes hby assured and the fee simple in possion thof, for the sum of £———: NOW THIS INDRE WITNETH (c), that in psuance, &c., and in conson of the sum of £- now paid by the sd Considera N. as follows, namely, the sum of £— being one equal sixth pt thof to the sd A., the like sum of £- to the sd B. and C., the like sum of £- to the sd D. and E., the like sum of £ to the sd G. the like sum of £- to the said H. and K., and the sum of £ being one equal twelfth pt thof to each of them the sd L. and M. (the rect of which sd several sums so paid to them resply as afsd the sd

Witnesseth.

tion.

Revocation.

(c) If the legal estate in the settled share is not in the trustees, and it is necessary to convey it by revocation and appointment of the use (as in Precedent XXVIII.), the revocation must be by a separate clause preceding the operative part in the text as follows:

"NOW THIS INDRE WITNETH, that in psuance, &c., and in conson of the sum of £- paid to them as hinafter expd (being one equal sixth pt of the sd pchase-money of £), the sd D. and E. as trees and in exercise of the power given to them by the sd indre of settlemt of, &c., and of every, &c., and with the consent (hby testified) of the sd F., do hby revoke and make void all and every the uses, trusts, estes, limons, powers, and provons by and in the sd indre of settlemt expd and decld of and concerning the one equal sixth pt therein comprd of the hereds hinafter described and intended to be hby assured, AND THIS INDRE FURTHER WITNETH, &c."

The subsequent operative part will be as in the text, or note (e), except that D. and E. will, in exercise of their power, appoint, instead of grant.

PREC.

XXXIV.

several pties hto of the 1st, 2nd, 3rd, 5th, 6th and 7th pts do resply hby acknowledge) (d), the sd A. as beneficial owner as to one equal sixth pt of the hereds hinafter de- Conveyance of specified scribed and intended to be hby assured doth hby grant, And shares. the sd C. as beneficial owner as to one other equal sixth pt of the same premes with the concurrence of the sd B., her husband, doth hby grant, and the sd B., as beneficial owner as to the same one sixth pt doth hby grant and confirm, And the sd D. and E. as trees as to one other equal sixth pt of the same premes with the consent (hby testified) of the sd F., do hby grant, and the sd F. as beneficial owner as to the sd last mentd one sixth pt doth hby convey and confirm, And the sd G. as personal representative of the sd P. deceased as to one other equal sixth pt of the sd premes, and in exercise of the power of sale vested in him the sd G. by virtue of the sd will of the sd P. and of every or any other power enabling him in this behalf doth hby appoint and convey, And the sd H. as beneficial owner as to the este for his life in one other equal sixth pt of the sd premes doth hby grant, and the sd K. as beneficial owner as to the reversion or remr in fee simple expectant on the life este of the sd H. of and in the same one sixth pt doth hby grant, And each of them the sd L. and M. as beneficial owner as to one moiety of the remaining one equal sixth pt (being one equal twelfth pt of the entirety) of the sd premes doth hby grant (e), And all the sd pties hto of the first General

(d) If the vendors are all beneficial owners the purchase money need not be apportioned by the deed; see p. 342, note.

(e) As to the covenants for title, &c., implied, see p. 366 et seq., note; Covenants p. 383. It would in this case be simpler and shorter to frame the conveyance for title. in the following form, the implied covenants of the beneficial owners being qualified by a proviso at the end of the deed, as follows (see p. 368, note; p. 384); and in a case in which the interests of the parties are uncertain (e.g., where they depend on a will of doubtful construction), this mode of conveyance must almost necessarily be adopted. See the next note :

"The sd respive pties hto of the 1st, 2nd, 4th, 6th, Form of and 7th pts as beneficial owners, as and according to their conveyance respive shares, estes, interests and powers in or over the having

by persons