IV. CONVEYANCE by APPOINTMENT and GRANT to common THIS INDENTURE, made the day of PRECEDENT TO DOWER USES be- BY APPOINTMENT AND GRANT. 1. Parties. tween A. B., of, &c. [vendor], of the first part, C. D., of, &c. [purchaser], of the second part, and E. F., of, &c., [dower trustee], of the third part, WITNESSETH, that 2. Witnesseth: in consideration of the sum of £, upon the execution 3.-consideraof these presents paid by the said C. D. to the said tion, A. B. for the purchase of the fee simple in possession of the hereditaments hereinafter expressed to be hereby appointed and granted (the receipt of which said sum of 4.-receipt, the said A. B. doth hereby acknowledge), He the ment. said A. B., in exercise of a power contained in an indenture dated, &c., and expressed to be made between [parties], and of every other power enabling him, doth hereby appoint that the manor, mansion-house, park, 5. -appoint gardens, pleasure grounds, farms, lands, and hereditaments hereinafter expressed to be hereby granted, shall henceforth go and remain to the uses, upon the trust, and with and subject to the power hereinafter declared and expressed (b). AND THIS INDENTURE ALSO 6. Witnesseth secondly; WITNESSETH, that for the consideration aforesaid, in 8.-parcels, the said A. B. doth hereby grant and confirm unto the 7-grant, (a) See the notes to Precedent III. supra. (b) Although, where the grantee to uses and the cestui que use are the same person, the appointment and the grant may properly be comprised in one witnessing part (see supra, p. 213), yet, where that is not the case, two witnessing parts should be employed, as in the text. PRECEDENT IV. TO DOWER USES AND GRANT. 9. Habendum to uses to bar dower. house called, with the park, gardens, pleasure grounds, farms, lands, and hereditaments thereto belongBY APPOINTMENT ing, situate in the parishes of — ing, situate in the parishes of and, in the said county of, the particulars whereof are delineated in the map drawn on these presents, and specified in the schedule hereto. [General Words, supra, p. 208, and ante, Vol. i. p. 401.] TO HAVE AND TO HOLD all the said premises herein before expressed to be hereby granted unto the said A. B. and his heirs, to the uses, upon the trust, and with and subject to the power hereinafter declared and expressed; AND IT IS HEREBY DECLARED, that the appointment and grant hereinbefore contained, shall operate and enure, and that the said premises hereinbefore expressed to be hereby appointed and granted shall henceforth go and remain To SUCH USES (c), 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 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 him 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 with the said C. D., his heirs and assigns, that, notwithstanding anything by him the said A. B. done, omitted, or knowingly suffered, he the said A. B. now hath power to appoint and to grant all the said premises herein before expressed to be hereby appointed and granted to the uses hereinbefore declared; AND THAT the same premises shall at all times remain and be to the uses herein before de 10. Covenants for title: for right to convey, (c) As to appointments and limitations to dower uses, see supra, p. 177, et seq. PRECEDENT IV To DOWER USES BY APPOINTMENT -- clared, 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 him the said - for quiet A. B., or any person claiming through or in trust for him; enjoyment, AND THAT free and discharged from, or otherwise by him free from the said A. B., his heirs, executors, or administrators incumbrances; 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 for farther 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, appointees, or assigns, execute and do every such assurance and thing for the further, better, 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. THE SCHEDULE above referred to (d). assurance. V. CONVEYANCE in FEE by a MARRIED WOMAN seised PRECEDENT V. in fee (a). THIS INDENTURE, made, &c., between A. B., of, &c., and D. B. his wife [vendors], of the one part, and (d) See the suggestions for framing such a schedule, ante, Vol. i. p. 81. (a) When a wife is seised of land in fee simple, in tail, or for life, and not settled to her separate use, it is said that her husband and she are seised in her right, and her husband takes a freehold interest in such land during the joint lives of his wife and himself, which BY A MARRIED 1. Parties. Rights of hus band and wife over wife's real estate. PRECEDENT V. BY A MARRIED 2. Witnesseth : 3.-considera tion, Tenancy by curtesy. Wife's power over land settled to her separate use. Restraint on anticipation. Effect of conveyance to a wife in fee for her separate use without power of anticipation. C. D., of, &c. [purchaser], of the other part, WITNESSETH, that, in consideration of the sum of £— upon the execution of these presents paid by the said C. D. to the said A. B. and D. B. for the purchase of the fee simple in possession of the hereditaments hereinafter will pass by his conveyance alone without her concurrence: Robertson v. Norris, 11 Ad. & E. 916. He is also entitled to hold or dispose of for his life, as tenant by the curtesy of England (which tenancy extends to Scotland and Ireland, Co. Lit. 30 a), all the lands and tenements of which he and his wife were seised in deed, actually or virtually, in her right for an estate of inheritance, provided that he has had by her a child born alive (as to which see Brock v. Kellock, 2 Giff. 58, affd. on app. 30 L. J. Ch. 498; Jones v. Ricketts, 31 L. J. Ch. 753), who either does or might inherit the same, and from the moment of the child's birth, or of the acquisition of the property by the wife, whichever last happens, he is able to convey this estate for his life to another person; but before the birth of a child he can convey a good estate only for the joint lives of himself and his wife: Burton, 350. No right of curtesy attaches upon an estate held in joint tenancy, or upon a remainder or reversion expectant on a particular estate of freehold: Burton, 353; or upon an estate of which the wife is seised for her separate use. See Lechmere v. Brotheridge, 2 N. R. 219. woman, Where land is held in trust for the separate use of a married all her husband's rights in it are barred-she can by deed unacknowledged dispose of her life interest in it (Lechmere v. Brotheridge), and even dispose of the fee simple by her will made during coverture, though no express power to do so be given her: Atchison v. Le Mann, 23 L. T. 302 (with which it is hard to reconcile Lechmere v. Brotheridge); but according to this last case, in which Adams v. Gamble, 12 Ir. Eq. Rep. 102, was not followed by the M. R., she cannot, without the concurrence of her husband and an acknowledged deed, dispose by any act inter vivos of more than an estate for her life therein. The subject is more fully discussed, post, Vol. iv., Precedent XX., n. (b). Land may be settled on a married woman in fee simple without power of anticipation, and she will then be unable during coverture to sell or mortgage it: Baggett v. Meux, 1 Coll. 138; 1 Ph. 627. A grant of land to a married woman in fee simple for her separate use without power of anticipation gives her, according to Baggett v. Meux and Atchison v. Le Mann, a life estate for her separate use without power of anticipating the rents, but with power to dispose of the fee simple by will. - BY A MARRIED WOMAN. expressed to be hereby granted (the receipt of which said PRECEDENT V. sum of £ the said A. B. and D. B. do hereby acknowledge), She the said D. B., with the concurrence of the said A. B., doth hereby grant and dispose of (b), and 4.-receipt, he the said A. B. doth hereby grant and confirm, unto the 5.—grant, said C. D., his heirs and assigns, ALL THAT parcel of 6.-parcels. land containing, &c., more or less, situate in the village frontage on the south to the high road from X to Y, of yards, or thereabouts, and abutting on the north on, &c., and which same parcel of land is numbered. in fee. title: the apportionment of the tithe rent-charge for the said parish of, and in the map therein referred to [General Words, supra, p. 208]; TO HAVE AND TO HOLD 7. Habendum in all the said premises hereinbefore expressed to be hereby granted UNTO the said C. D., his heirs and assigns, 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, 8. Covenants for executors, and administrators covenant (c) with the said -for right to C. D., his heirs and assigns, that, notwithstanding any- convey, thing by the said D. B. or by her late brother G. H. deceased, or by her late father I. H. deceased, or by him the said A. B. or any of them done, omitted, or knowingly suffered, they the said D. B. and A. B. now have power to grant and dispose of all the said premises hereinbefore expressed to be hereby granted to the use of the said (b) See supra, p. 207, note (d). (c) Upon a sale by husband and wife of the wife's unsettled freehold or copyhold estate, the husband, since he either does or may receive the purchase-money, covenants for title as upon the sale of his own estate: and if there be any doubt as to the fact of marriage, the woman should herself enter into usual covenants: Dart, 354. The covenants in the text are extended to the acts of the vendor's father and brother, as would be proper if she had acquired the property under their wills, or if her brother had taken it by descent from his father, and had devised it to her. Covenants to suit other states of circumstances may be framed from those in Precedents I., II., III., or IV., supra. Covenants for title on sale of wife's real |