assigns, To THE USE of the said C. D., his heirs and assigns for ever. [Covenant by A. B. with C. D. that he has not incumbered, supra, p. 249, ante, Vol. i. p. 403.] IN WITNESS, &c. PRECEDENT ON A SALE IN A SUIT. XIV. ON A SALE IN CONVEYANCE on a SALE in CHANCERY of an INCUM- PRECEDENT XIV. day of INCUMBERED BE- 1. Parties. shortly state of title at date of order in Chan cery subse quently recited, vendors testamentary trustees for sale subject to a legal mortgage. THIS INDENTURE, made the TWEEN A. B., of, &c., and C. D., of, &c. [vendors, being trustees], of the one part, and E. F., of, &c. [purchaser], of the other part; WHEREAS at the date of the order of 2. Recites the High Court of Chancery of the day of hereinafter recited, all the hereditaments hereinafter expressed to be hereby granted, and divers other hereditaments were vested in the said A. B. and C. D. (as trustees for the sale thereof, under the last will and testament of dated the day of and proved in Her Majesty's Court of Probate on the day of), for an estate of inheritance in fee. simple in possession, subject to the legal mortgages thereof in fee simple in possession to X. Y. hereinafter recited to have been paid off and satisfied, but free from all other incumbrances; AND WHEREAS by an order of 3. Order in the High Court of Chancery made by his Honour the ing usual in late of (a) The recitals in the text are recommended by their brevity, and may be usefully employed in similar cases. Such matters only are recited as are needful to explain the orders made in the cause which are necessarily stated; the result being that the estate is unincumbered at the date of the conveyance though it was incumbered at the date of the sale, the creation of the incumbrance is not recited, and its discharge is only cursorily referred to. See the observations on recitals, ante, Vol. i. p. 41. Chancery direct PRECEDENT XIV. Vice-Chancellor Sir John Stuart on the said ON A SALE IN INCUMBERED quiry as to incumbrances, and sale. day of in a suit in which the said A. B. and C. D. were plaintiffs, and and others were defendants (being a suit instituted for the purpose of carrying into effect the trusts of the said will of the said and of having the rights of the several persons claiming under it ascertained and declared), an inquiry was directed as to what incumbrances affected the said testator's real estate, and an account was directed to be taken of what was due on such incumbrances respectively, distinguishing between incumbrances existing at the death of the said testator and those subsequently created, and their respective priorities, and an inquiry was directed as to whether it would be fit and proper to raise any and what sum of money, and whether by sale or mortgage, to discharge the liabilities affecting the said real estate, and the costs, charges, and expenses thereinafter directed to be taxed; And it was ordered that such sale or mortgage be made accordingly, with the approbation of the judge, and if the same should be by sale, then that the said testator's real estate should be sold free from the incumbrances of the incumbrancers who should consent to the said sale, and subject to the incumbrances of such of the incumbrancers who should not consent, and that the money to arise by the sale from the said estates, or such parts thereof respectively as were subject to the incumbrances (if any) of such of the incumbrancers as should consent to the sale, should be applied in the first place in payment of what should appear to be due to such last-mentioned incumbrancers respectively, according to their priorities; And that the money to arise by such sale should be in the meantime paid into the Bank to the credit of the said cause as follows, namely, the money to arise by the sale of the estate, with the timber on the estate thereinbefore mentioned, to an account intituled "The proceeds of sale of the said testator's estate liable for payment of debts and costs," and the money to arise by the sale of the residue of the said testator's real estate should be an account to be intituled "The proceeds of sale of the said ON A SALE IN testator's real estate." AND WHEREAS the said heredita- PRECEDENT XIV. ments hereinafter expressed to be hereby granted formed part of the said residue of the testator's real estate; AND CHANCERY OF AN WHEREAS the chief clerk of the said Vice-Chancellor, by INCUMBERED brances. and sold to pur 6. Certificate of result of sale. 7. Payment into his certificate dated the day of, and made in 4. Certificate as the said suit, certified that an aggregate principal sum of to only incumL — was then due and owing to the said X. Y. on his said mortgage securities; AND WHEREAS in accordance 5. Estate put up for sale by aucwith the said order of the Court of Chancery, and with tion with incumthe consent of the said X. Y., the said testator's real brancer's consent estate was put up for sale by auction free from incum- chaser. brances, on the day of, in lots, the said hereditaments hereinafter expressed to be hereby granted forming lots, and at the said sale the said E. F. was the highest bidder for each of the said last-mentioned lots, at an aggregate sum of £- ; AND WHEREAS on the day of —, the chief clerk of the said Vice-Chancellor certified the result of the said sale, and his certificate was duly signed by the said judge and filed, and became binding on all parties; AND WHEREAS, in accordance with the hereinbefore recited order of the Court of Chancery, and with the conditions subject to which the said sale had been made, and with an order made in the said cause on the day of the said E. F. paid his said purchase-moneys, amounting to £, together with £for interest thereon, making an aggregate sum of £into the Bank of England, in the name and with the privity of the Accountant-General of the Court of Chancery, to the said account, intituled "The proceeds of sale of testator's real estate," on the WHEREAS, by an order of the Court of Chancery made in to be paid off the said suit on the it was ordered that out of money in Court. £ Bank £3 per cent. Annuities, part of the £ like annuities then standing in the name of the Accountant-General in trust in the said cause, " The proceeds of sale of testator's real estate," should be sold, and that the proceeds of such sale, together with other moneys in the said order mentioned, should be paid to the said X. Y. in satisfaction of what was due and owing to him in VOL. II. day of day of ; AND 8. Order direct S ing mortgage ON A SALE IN INCUMBERED ESTATE. 9. Mortgage paid off and reconveyance to vendors executed. day of PRECEDENT XIV. respect of his said mortgages, and that thereupon he should reconvey the mortgage premises free and clear CHANCERY OF AN of all incumbrances done by him, or any persons claiming by, from, or under him, and should deliver up all deeds and writings in his custody or power relating thereto upon oath, to the plaintiffs as trustees of the will of the said testator; AND WHEREAS, in pursuance of the said order, a sum of £, being the total amount of what was due and owing to him for principal, interest, and costs, was paid to the said X. Y. on the and thereupon, by an indenture dated the day of —, the said X. Y. reconveyed and assured all the hereditaments mortgaged to him as aforesaid (including the said hereditaments hereinafter expressed to be hereby granted), unto and to the use of the said A. B. and C. D., their heirs and assigns, as such trustees as aforesaid, free and clear of all incumbrances done by him, or any 10. Witnesseth: persons claiming by, from, or under him: NOW THIS INDENTURE WITNESSETH, that for effectuating the said sale, and in consideration of the said sum of £, paid by the said E. F. into the Bank of England, in the name and with the privity of the AccountantGeneral of the Court of Chancery, as hereinbefore recited, they the said A. B. and C. D. do, and each of them doth, hereby grant unto the said E. F., his heirs and assigns, ALL THAT [Parcels, supra, pp. 210, 213, 215, or 219General words, p. 208], TO HAVE AND TO HOLD, all the said premises hereinbefore expressed to be hereby granted UNTO the said E. F., his heirs and assigns, TO THE USE of the said E. F., his heirs and assigns for ever [Covenant by A. B. and C. D. against incumbrances, infra, p. 269]. IN WITNESS, &c. -consideration, 11.-grant. 12. Habendum. THE SCHEDULE above referred to. XV. CONVEYANCE in FEE on a SALE by PRIVATE CONTRACT in a CHANCERY SUIT by MORTGAGEES and TENANTS for LIFE of SETTLED ESTATES; the Mortgages having been made under the Sanction of the Court, and THE FIRST TENANT for LIFE having been appointed by the Court to CONVEY the INHERITANCE (a). PRECEDENT XV. SETTLED ESTATES SOLD BY ORDER OF COURT. THIS INDENTURE, made, &c., between A. B., of, &c., 1. Parties. and C. D., of, &c. [mortgagees], of the first part, E. F., of, under the Trustee Acts. (a) The Trustee Act, 1850 (13 & 14 Vict. c. 60), and the Act to Conveyances extend the provisions of the Trustee Act, 1850 (15 & 16 Vict. c. 55), empower the Court of Chancery, where any decree or order has been made by a court of equity directing a sale of lands for any purpose, to make an order vesting such lands for such estate as the court shall think fit, either in any purchaser, or in such other person as the court shall direct; and every such order will have the same effect as if every person seised or possessed of such lands or entitled to a contingent right therein, being a party to the suit or proceedings and bound thereby, or being otherwise bound by such decree or order, had been free from all disability, and had duly executed all proper conveyances and assignments of such lands for such estate. And the Trustee Act, 1850, s. 16, empowers the Court of Chancery to make an order releasing or vesting in any person the contingent rights of unborn persons who might become interested in lands ordered to be sold; and by s. 20, wherever an order may be made, having the effect of a conveyance or assignment of any lands, or having the effect of a release or disposition of a contingent right of an unborn person, the court may appoint a person to convey the lands or release the right; and the conveyance or release of the person so appointed has, when in conformity with the terms of the order, the same effect in conveying the lands or releasing the right as an order of the court would have. By the general orders of the 12th Nov., 1856, applications of the above nature are directed to be made to the judge in chambers. Under the Act 2 & 3 Vict. c. 60, mortgages of real estate may be made by order of the Court of Chancery for payment of the debts |