seven parts, as to all other (if any) the shares, estes, or hereds hinafter described, &c., do resply hby grant, appoint, and convey, and the sd D. and E. as trees of the sd indre of settlemt of, &c., as to one equal sixth pt of the same premes and with the consent (hby testified) of the sd F. do hby grant, And the sd G. as personal representative of the sd P, deceased, as to one equal sixth pt of the sd premes and m exercise, &c., doth hby appoint and convey unto, &c. "Provided always, and it is hby agrd and decld that the covenants for the title to and further assurance of the sd Les promes hby assured which are implied by the assurance hby made on the pt of the sd respive pties hto of the 1st, 2nd, 4th, 6th, and 7th pts shall be limited as follows, namely, the covenants of each of them the sd respive pties of the 1st, 2nd, and 4th pts to one equal 6th pt of the sd premes, the covenants of the sd H. to the este for his life in one equal sixth pt that the covenants of the sd K. to the reversion or emr i too simple expectant on the decease of the sd H. in same one sixth pt, and the covenants of each of them the ad 1. and M. to one equal twelfth pt of the sd premes." Ato quasi ya vikapta avenazə fər title and against incumbrances applicable A pervade share ar estate which each party is intended to pointy tak på bad as it de 118, 12 onle to limit the operation of the staturock pot sex above may de a consederable risk af miscarriage, through the pray - 16 va dag i wanal, and the operation of the conveyance a doydy to we, as the Caryyanding 44, 1881, & 63, making a bh a' the conveying parties, might be Na de a da camy tention. The above wwwwwpisati #lood may asional covenant, are therethe, in prear. 111. ་ XXXV. PREC. XXXV CONVEYANCE of COPYHOLDS by EXECUTORS or TRUSTEES under a WILL containing a mere DIRECTION for SALE of the COPYHOLDS, or a devise of them to such USES as the TRUSTEES shall appoint, and subject thereto to them in TRUST for SALE (a). PARTIES, A. and B., executors [trustees], 1; C., purchaser, Recitals. 2. Recite will, setting out fully the direction to the executors to sell the copyholds [or the devise to such uses as the trustees shall appoint, and in default to them in trust for sale] and the receipt clause (if any), [and the appointment of executors,] death and probate, and testator's seisin, p. 327. AND WHAS the sd A. and B., psuant to the power or authority vested in them under the sd will, have agrd, &c., contract for sale, p. 337, "of the copyhd hereds hby assured:" NOW WitTHIS INDRE WITNETH that in psuance, &c., and in esseth. conson, &c. (the rect, &c.), they the sd A. and B. as such personal representatives [trees] as afsd (see p. 382, note), and in psuance or exercise of the power or authority for this ppose in the sd will contd, and of every or any other power or authority enabling them in this behalf, do Conveyresply hby bargain, sell, appoint, and assure unto the sd C., ance. his hrs and assigns, parcels, p. 344, omitting general words and estate clause, see pp. 357, 359, TO HOLD the sd hereds Habenand premes hby assured UNTO AND TO THE USE of the sd C., his hrs and assigns, according to the custom of the sd dum. (a) If the trustees or executors sell before the heir or devisees in trust are Admission compelled by the lord to obtain admittance, the purchaser is entitled to be of puradmitted without a previous admittance of the heir or trustees, thus saving a chaser. fine, whether the will contains a mere direction to the executors and trustees to sell (The Queen v. Wilson, 3 B. & S. 201), or a devise to such uses as the trustees should appoint (Glass v. Richardson, 9 Ha. 698, 2 De G. M. G. 658). The conveyance is therefore effected by a deed operating by way of bargain and sale or appointment, perfected by admittance, without any surrender. PREC. XXXV. manor, by and under the rents, fines, suits, and services, due and of right accustomed for the same. IN WITNESS, &c. PREC. XXXVI. Recitals. Agree ment. Witnesseth. Grant. Habendum. XXXVI. CONVEYANCE of the EQUITABLE ESTATE in an UNDIVIDED MOIETY of COPYHOLDS by a TENANT in COMMON to his Co-TENANT. Recital of PARTIES, A., vendor, 1; B., purchaser, 2. will, devising copyholds, "hinafter mentd," to trustees upon trusts, death of testator, probate and seisin, p. 327; Admittance of trustees, p. 319, "upon the trusts, and subjt to the powers and provons in the sd will decld and contd concerning the same"; Subsequent events, showing that A. and B. are entitled to the equitable interest equally as tenants in common; Contract by A. for the sale to B., p. 337, of, "the undivided moiety of the sd copyhd premes, to which he, the sd A., is entled in equity under the trusts of the sd will, and the inheritance thof in possion according to the custom of the sd manor." NOW THIS INDRE WITNETH THAT in psuance, &c., and in conson, &c. (the rect, &c.), the sd A., as beneficial owner (a), doth hby grant (b) unto the sd B., his hrs and assigns, All that one undivided moiety, to which the sd A. is entled in equity as afsd, of and in, parcels, p. 344, omitting general words and estate clause, see pp. 357, 359: TO HOLD the sd undivided moiety and premes hby granted UNTO AND TO THE USE of (a) See p. 366, note The express covenants for title if inserted would be as to "the sd undivided moiety and premes hby assured." (b) If the parties were joint tenants, the conveyance would be by release. the sd B. his hrs and assigns, according to the custom of the sd manor, by and under the rents, &c. IN WITNESS, &c. PREC. XXXVI. XXXVII. DEED of ENFRANCHISEMENT of COPYHOLDS under a Сом PREC. XXXVII. PARTIES, A., trustee of settlement, 1; B., tenant for life under settlement, 2; C., copyholder, 3. Recital of settlement Recitals. of manor setting forth uses as far as limitation to B. for life, and power to trustees to enfranchise, with the consent of tenant for life; Admission of C. to copyholds, p. 319; AND WHAS Agreement the sd A., as surviving tree of the sd recited indre of settlemt, for enfran and in exercise of the power in that behalf therein contd, has, at the request of the sd B., agrd with the sd C. for the enfranchisemt of the sd copyhd premes in manner hinafter mentd in conson of the sum of £- and it has been agrd that the mines and minerals in or under the same shall be included in such enfranchisemt, or "shall be reserved," in mner hinafter appearing, and that the commonable rights existing in respect of the sd premes, shall be preserved [extinguished] as hinafter appears. NOW THIS INDRE WitnesWITNETH that in psuance, &c., and in conson, &c. (the rect, &c.), the sd A., as tree, at the request (and for the ppose only of implying the statutory covenants for title and (a) It is the practice to enrol the deed on the Court rolls. As to the effect of enfranchisement, see 2 Dav. Prec. pt. 1, p. 386, note. The power is now sometimes given to the tenant for life, who is enabled both to convey and give a discharge for the consideration money, for which he is accountable to the trustees. seth. PREC. XXXVII. Revocation. ment. further assurance), by the direction of the sd B., directing as beneficial owner (b), and in execution of the power in the sd indre of settlemt contd as afsd, and of every other power enabling him, the sd A., in that behalf, doth hby revoke and make void all and every the uses, trusts, powers, limons, and provons, in the same indre decld and contd, so far as the same relate to or affect the freehd and inheritance of the Appoint hereds hinafter described or any pt thof, and doth hby appoint that, parcels, p. 344 [Togr with the mines and minerals in or under the same premes and] [Togr with all rights of common and commonable rights in, over, upon, or out of any common or waste lands of the sd manor to which the sd C., his hrs or assigns now is, or but for these presents would have been henceforth entled in respect of the sd premes intd to be hby enfranchised] [But except and reserving out of the assurance hby made, all, &c., reservation of mines and minerals, p. 353], omitting general words and estate clause, see pp. 357, 359, shall henceforth remain, and be To THE USE of the sd C., his hrs and assigns, as freehd henceforth and for ever enfranchised and discharged from all fines, heriots, reliefs, quit-rents, and other incidents whatsoever of copyhd or customary tenure; [if such be the intention, Proviso as add, "PROVD ALWAYS, and it is hby agrd and decld that all to common- rights of common and commonable rights, &c., as above, shall henceforth be extinguished for the benefit of the sd B. and his successors in title under the hinbefore recited indre of settlemt]. Clause restricting liability of B. under statutory covenants for title, p. 385; Acknowledgment and undertaking by B. as to court rolls and title deeds Proviso as of manor, p. 391; [or, if so intended, "PROVD ALWAYS that production the sd B. and his assigns or the owner or owners for the time being of the sd manor, shall not be required to produce any of the deeds or documts of title relating to, or the court Habendum. able rights. to non f Court rolls, &c. (b) See p. 367, note. In lieu of the words of direction, and "as beneficial owner," the separate clause incorporating the statutory covenants may be inserted; see p. 384, note. |