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and with and subject to such of the powers, provisoes, and declarations, by and in the said will of the said L. M. declared, expressed, and contained of and concerning his said manors, messuages, farms, tenements, and hereditaments in the county of, thereby devised as aforesaid, as are now subsisting or capable of taking effect (c). [Covenant against incumbrances by A. B. with the trustees, supra, p. 249; and Covenants for title by C. D. with the trustees, supra, p. 310, and ante, Vol. I., p. 188]. IN WITNESS, &c.

THE SCHEDULE above referred to.

PRECEDENT
XXV.

TO USES OF A
WILL.

XXVI.

CONVEYANCE by a VENDOR to TRUSTEES, upon
Trust to carry into Effect an existing CON-
TRACT for SALE, with Power to VARY it, or to
RESCIND it and RESELL the Estate.

PRECEDENT
XXVI.

TRUST TO EFFECTUATE A

CONTRACT FOR

SALE.

2. Recital of trustees of vendor;

conveyance to

THIS INDENTURE made, &c., between A. B., of, &c., 1. Partics. and C. D., of, &c. [trustees for the vendor], of the first part; G. H., of, &c. [vendor], of the second part; E. F., of, &c. [grantee], of the third part; and the said A. B. and C. D., of the fourth part: WHEREAS, by an indenture dated &c., and expressed to be made between [parties], the hereditaments hereinafter expressed to be hereby granted were conveyed and assured to the use of the said A. B. and C. D., their heirs and assigns, in trust for the said G. H., his heirs and assigns: AND WHEREAS the said G. H. hath agreed with M. N., of, &c., for the sale to him of the fee simple in possession of the said hereditaments, free from incumbrances, at the price of £, the timber upon the same premises to be taken by the purchaser at

3.-of vendor tracted to sell;

having con

(c) Or to the use of the trustees in fee, upon trust to settle the same; see the forms: Precedents L. and LI. infra.

PRECEDENT
XXVI.

TRUST TO EFFECTUATE A CONTRACT FOR SALE.

desire to convey to the trustees, upon trusts to be declared.

5. Witnesseth:

vendor and his

trustees.

6. Habendum,

tees.

7. Declaration of trust-to carry into effect the contract;

a valuation: AND WHEREAS the said G. H., being about to leave the United Kingdom, is desirous that the said hereditaments shall be vested in the said A. B. and C. D. upon the trusts hereinafter declared and expressed: NOW THIS INDENTURE WITNESSETH, 4.-of vendor's that, for effectuating the said desire, and in consideration of the premises, they the said A. B. and C. D., at the request of the said G. H., do and each of them doth hereby grant, and he the said G. H. doth hereby -conveyance by grant and confirm, unto the said E. F. and his heirs, [Parcels, supra, pp. 210, 213, 215, or 219-General Words, supra, p. 208]: TO HAVE AND TO HOLD all the said premises hereinbefore expressed to be hereby granted -to use of trus- UNTO the said E. F. and his heirs, To THE USE of the said A. B. and C. D., their heirs and assigns, UPON TRUST, that they the said A. B. and C. D. or the survivor of them, or the heirs of such survivor, or their or his assigns, shall, as soon as conveniently may be and without any further consent of the said G. H. or of any person claiming through him, complete the said contract for the sale of the said premises to the said M. N., or shall, at their or his discretion, vary or rescind the same without being responsible for any loss occasioned thereby; and in case the said contract shall not be rescinded, shall convey and assure the said premises to the use of the said M. N., his heirs and assigns, or as he or they shall direct; But in case the said contract shall be rescinded, then, UPON TRUST, that they the said A. B. and C. D. or the survivor of them, or the heirs of such survivor, or their or his assigns, shall, as soon as conveniently may be thereafter, sell the said premises, either together or in parcels, and either by public auction or private contract, and either with or without any special or other stipulations as to title or evidence, or commencement of title or otherwise; and with power to buy in, or rescind any contract for sale, and resell without being answerable for loss occasioned thereby; and for the purposes aforesaid, or any of them, to take and prosecute all such proceedings in law or in equity, and to execute and do all such assurances and things as they

-or to vary or rescind it ;

-and to convey accordingly;

8.-and if con-
tract be re-
scir ded, to re-
sell.

or he shall think fit (a); AND SHALL, by and out of the
moneys which shall arise from any such sale as aforesaid,
pay the expenses
incurred in or about the same, or other-
wise in or about the execution of any of the trusts or
powers of these presents, and shall hold the residue of the
same moneys in trust for the said G. H., his executors,
administrators, and assigns; and also shall, out of the
rents and profits of the same premises or of the unsold
part thereof for the time being, pay all rates, taxes, pay-
ments for insurance against loss by fire, costs of repairs,
and other outgoings in respect of the premises, and shall
pay the surplus of such rents and profits to the said
G. H., his executors, administrators, or assigns (b): [Cove-
nants by G. H.-that, notwithstanding anything done by
G. H., A. B., or C. D., or any of them, &c., A. B., C. D.,
and G. H. respectively have right to convey-For quiet
enjoyment-Free from incumbrances-and For further
assurance, see supra, p. 211]. IN WITNESS, &c.

(ADD a Schedule, if necessary.)

PRECEDENT
XXVI.

TRUST TO EFFECTUATE A CONTRACT FOR

SALE.

9. Trusts of purchase-money;

10.-and of the rents and profits,

until purchase be completed.

(a) The Act 23 & 24 Vict. c. 145, part 3, authorises trustees who have a power of sale to sell by auction or private contract, and to make special or other conditions of sale, and to buy in and resell, and to convey the hereditaments sold and doubtless the Act applies also to trustees with a trust for sale; but it is still usual to arm donees of powers of sale and trustees with the powers given in the text.

(b) The trustees take by Statute 23 & 24 Vict. c. 145, part 3, ample powers of giving receipts and appointing new trustees. The usual powers for these purposes will be found, supra, Vol. I., pp. 306 and 346; and a short form for the appointment of new trustees taking effect under the statute is given in a note to the first Precedent of a settlement, infra, vol. iii., part 2. In cases, however, such as that in the text, where the settlor will be abroad, the statutory power exercisable by the trustees themselves, or their representatives, is the most appropriate.

PRECEDENT
XXVII.

ADVOWSON.

1. Parties.

XXVII.

GRANT of an ADVOWSON (a) by JOINT TENANTS with a COVENANT by the VENDORS to PAY INTEREST on PURCHASE-MONEY till a VACANCY.

THIS INDENTURE, made, &c., between A. B., of, &c., and C. D., of, &c. [vendors], of the one part; and 2. Witnesseth E. F., of, &c. [purchaser], of the other part: WITNESS-consideration, ETH, that, in consideration of the sum of £

-receipt,

-grant, -parcels.

upon

the execution of these presents to the said A. B. and C. D. paid by the said E. F., for the purchase of the fee simple of the advowson and hereditaments hereinafter expressed to be hereby granted (the receipt whereof the said A. B. and C. D. hereby acknowledge): 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 the advowson, donation, right of patronage, and presentation of and to the rectory and parish church of

in the county of, with the rights, easements,

(a) With respect to purchases of advowsons, see supra, p. 30, n. (a) : Dart, 158, 164, 304, 309, 707. A wife is dowable of an advowson : Co. Litt. 379 a. ; 3 Cru. Dig. 7 ; and, therefore, it may be sometimes necessary to convey the advowson to uses to bar dower.

A husband will be tenant by the curtesy (see supra, p. 218, n.), even though the church be not void during the coverture: Cru. t. xxi., c. 1, ss. 26-28; and if a husband who is tenant by the curtesy, die before the church is filled, the executor of the husband, and not the heir of the wife, shall have the turn: Wats. C. L. 71, 4th ed. So if a husband be seised of an advowson in right of his wife, and the church become void during the coverture, the husband is entitled to present, even if the wife die before the presentation, and there is no issue of the marriage; but if the wife survive the husband or if the vacancy fell before the coverture, she or her executo present: Ib.; Co. Lit. 351 a.

1

PRECEDENT

XXVII.

ADVOWSON.

3. Habendum to purchaser in fee. 4. Covenants for

title by joint

tenants,

grant;

and appurtenances, AND all the estate, &c.: 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 AND each of them the said A. B. and C. D., so far as relates to the acts, deeds, neglects, and defaults of the late X. Y., of, &c., and so far also as relates to the acts, deeds, neglects, and defaults of himself and of his heirs, executors, and administrators, doth hereby for himself, his heirs, executors, and administrators, covenant (b) with the said E. F., his heirs and assigns, that, notwithstanding any thing by them the said A. B. and C. D. or either of them or the said X. Y. done, omitted, or knowingly suffered, they the said A. B. and C. D. now have power for right to to grant the said premises herein before expressed to be hereby granted, to the use of the said E. F., his heirs and assigns; AND THAT the said E. F., his heirs and assigns, for quiet enmay at all times hereafter present to the said rectory and joyment; parish church of - aforesaid whenever the same shall become vacant, and that every person so presented may peaceably and quietly be inducted and enter into and upon and hold and enjoy the said rectory and parish church, and the parsonage house, glebe lands, and tithe rent-charge thereto belonging, with the rights, easements, and appurtenances, without any interruption or disturbance by the said A. B. and C. D. or either of them, or any person claiming through or in trust for them or either of them, or through or in trust for the said X. Y.: AND -free from inTHAT free and discharged from or otherwise by them the cumbrances; said A. B. and C. D. or one of them, their or one of their heirs, executors, or administrators, indemnified against all estates, incumbrances, claims, and demands created, occasioned, or made by the saide X. Y., A. B., and C. D. or any of them, or any person claiming through or in trust for them or any of them: AND FURTHER, that they the said for further

assurance.

(b) As to the form of covenants for title by joint tenants and tenants in common, see the observations, ante, Vol. I. p. 114.

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