II. PRECEDENT II. CONVEYANCE to USES to BAR DOWER by a VENDOR seised in Fee, his WIFE RELEASING her Dower. TO DOWER USES. 1. Parties. 3.-considera tion, 4.-receipt, 5.-grant, THIS INDENTURE, made, &c., between A. B., of, &c. [vendor], and G. B. his wife, of the first part, C. D., of, &c. [purchaser], of the second part, and E. F., of, &c. 2. Witnesseth: [dower trustee], of the third part (a), WITNESSETH, that in consideration of the sum of £(b), upon the execution of these presents paid by the said C. D. to the said A. B. for the purchase of the fee simple in possession of the hereditaments hereinafter expressed to be hereby granted (the receipt of which sum of £ the said A. B. doth hereby acknowledge), He the said A. B. doth hereby grant (c), and she the said G. B., with the concurrence of the said A. B., and for the purpose of extinguishing her right of dower, doth hereby release and dispose of unto the said C. D. and his heirs, ALL THAT mansion house called, with the park, gardens, pleasure grounds, entrance lodges, lands, and hereditaments. thereto belonging, containing altogether thereabouts, situate in the parish of -, in the county of delineated, with the abuttals thereof, in the map drawn on these presents and therein coloured 6.-parcels, acres or -general words. TOGETHER WITH, &c. [General Words, supra, p. 208]; To HAVE AND TO HOLD all the said premises herein before 7. Habendum (a) As to the parties to a deed and the inutility of recitals, see supra, p. 206, n. (a). (b) With respect to the payment of and receipt for the consideration, see ante, p. 206, notes (b) and (c). (c) With regard to the operative words, and to the acknowledgment of the deed by the married woman, see supra, p. 188 and 207, n. (a); and as to the description of the parcels, p. 207, n. (e); and as to the general words and estate clause, p. 208, n. (ƒ); and as to the form of the limitation to uses to bar dower, p. 178. TO DOWER USES. to common dower. 8. Covenants expressed to be hereby granted UNTO the said C. D. and PRECEDENt II. his heirs, To SUCH USES, for such estates, and in such manner as the said C. D. shall by deed appoint, And in default of and until any such appointment, and so far uses to bar as no such appointment shall extend, To THE USE of the said C. D. and his assigns during his life without impeachment of waste; AND after the determination of that estate by any means in his lifetime, To THE USE of the said E. F. and his heirs during the life of the said C. D., IN TRUST for the said C. D. and his assigns; AND after the determination of the estate so limited to the said E. F. and his heirs as aforesaid, TO THE USE of the said C. D., his heirs and assigns, for ever; AND THE SAID A. B. doth hereby for himself, his heirs, executors, and administrators, covenant (d) with the said C. D., his heirs and assigns, that, notwithstanding anything by him the said A. B., or any of his ancestors or testators, or by the said G. B., done, omitted, or knowingly suffered, they the said A. B. and G. B. now have power to grant and dispose of all the said premises hereinbefore expressed to be hereby granted, to the uses hereinbefore declared; AND THAT the same premises shall at all times remain and be to the uses herein before declared, and be quietly entered into and upon and held and enjoyed, and the rents and profits thereof received, by the said C. D., his heirs, appointees, and assigns accordingly, without any interruption or disturbance by the said A. B. and G. B. or either of them, or any person claiming through or in trust for them, or either of them, or any of the ancestors or testators of the said A. B.; AND THAT free and discharged free from infrom, or otherwise by him the said A. B., his heirs, executors, or administrators sufficiently indemnified -for quiet enjoyment, cumbrances; (d) These covenants for title are in the form most generally useful in conveyances to dower uses; see supra, p. 208, n. (b). Covenants suited to the case of a vendor who purchased the property are given in Precedent III. infra, p. 213; and covenants suited to other cases will be found in subsequent Precedents. TO DOWER USES. -for further assurance. PRECEDENT II. against, all estates, incumbrances, claims, and demands created, occasioned, or made by the said A. B. and G. B., and the ancestors and testators of the said A. B., or any of them, or by any person claiming through or in trust for them, or any of them; AND FURTHER, that the said A. B. and G. B. respectively, and every person having or claiming any estate or interest in the said premises, through or in trust for them, or either of them, or any of the ancestors or testators of the said A. B., will at all times, at the cost of the said C. D., his heirs, appointees, or assigns, execute and do every such assurance and thing for the further or more perfectly assuring all or any of the said premises to the uses herein before declared, as by the said C. D., his heirs, appointees, or assigns shall be reasonably required. IN WITNESS, &c. (e). PRECEDENT III. IN FEE BY AP- 1. Parties. 2. Witnesseth : 3.-consideration, 4.-receipt, 5.-appointment, ' III. CONVEYANCE in FEE by APPOINTMENT and GRANT. of, THIS INDENTURE, made, &c., between A. B., A. B. doth hereby acknowledge), He the said A. B., in (e) The deed must be acknowledged by G. B. (a) As to the parties to a deed, and the inutility of recitals, seesupra, p. 206, n. (a). (b) With respect to the payment of the consideration, and the receipt for it, see supra, p. 206, notes (b) and (c). IN FER BY AP- exercise of a power contained in an indenture dated, &c., PRECEDENT III. and expressed to be made between [parties], and of every or any other power enabling him, doth hereby direct and appoint (c), and by virtue of his estate and interest doth hereby grant and confirm unto the said C. D., his heirs and assigns, (ALL THOSE (d) four messuages or tenements 6. Parcels, situate on the north side of Square, in the city of known as Nos. , in Square aforesaid, being the first four houses in the said square westward of Street, with the court-yards, stables, coach-houses, offices, and outbuildings in the rear of and belonging, to and grant. the said messuages respectively;) AND ALSO all that, &c. -general words, [General Words, supra, p. 208, and ante, Vol. i. p. 402], AND ALL the estate, right, title, interest, claim, and de- -estate clause. mand of him the said A. B. in, to, and upon the same in fee. premises: TO HAVE AND TO HOLD all the said premises 7. Habendum : hereinbefore expressed to be hereby appointed and granted, UNTO the said C. D., his heirs and assigns, To -to purchaser THE USE of the said C. D., his heirs and assigns, for ever; AND THE SAID A. B. doth hereby, for himself, his heirs, 8. Covenants executors, and administrators, covenant with the said for title: C. D., his heirs and assigns, that, notwithstanding any for right to thing by him the said A. B. done, omitted, or knowingly convey; suffered (e), he the said A. B. now hath power to appoint (c) This Precedent may be used whenever the property stands limited to the common uses to bar dower, and the conveyance is in fee simple. It is not unusual to make the appointment and the grant by separate witnessing parts. See infra, p. 215. There is, however, no reason why they should not be combined as in the text, when the intention is to vest the fee simple in the purchaser. (d) With regard to the description of the parcels and the general words and estate clause, see supra, p. 208, n. (ƒ). The estate clause is connected with the grant, and not with the appointment: see Vol. i. p. 89. (e) Under ordinary circumstances, vendors have acquired a power of appointment such as that exercised in this Precedent, by a conveyance made to them when they purchased the property, and consequently their covenants for title when they sell the estate are usually confined to their own acts; but if the power has been con IN FEE BY AP- --for quiet enjoyment; -free from incumbrances; PRECEDENT III. and grant all the said premises hereinbefore expressed to be hereby appointed and granted to the use of the said C. D., his heirs and assigns; AND THAT the same premises shall at all times remain and be to the use of the said C. D., his heirs and assigns, and be quietly entered into and upon and held and enjoyed, and the rents and profits thereof received by him and them accordingly, without any interruption or disturbance by him the said A. B. or any person claiming through or in trust for him; AND THAT free and discharged from, or otherwise by him the said A. B., his heirs, executors, or administrators sufficiently indemnified against all estates, incumbrances, claims, and demands created, occasioned, or made by the said A. B. or any person claiming through or in trust for him; AND FURTHER, that he the said A. B., and every person having or claiming any estate or interest in the said premises through or in trust for him, will at all times, at the cost of the said C. D., his heirs or assigns, execute and do every such assurance and thing for the further or more perfectly assuring all or any of the said premises to the use of the said C. D., his heirs and assigns, as by him or them shall be reasonably required. IN WITNESS, &c. -for further assurance. ferred by a settlement, and the vendor is the beneficial owner, his covenants should be extended to the acts of the settlor, in a similar manner to that shown in Precedent V. infra, p. 219. See Dart, p. 352. |