CHARITY ESTATE. 2. Recites seisin the one part; and G. H., of &c. [purchaser], of the other PRECEDENT LII. part: WHEREAS the said A. B., C. D., and E. F., as such trustees as aforesaid, are seised in fee simple in possession of the farm, messuage, lands, and hereditaments herein- of the trustees; after expressed to be hereby granted, subject to two perpetual annuities or yearly rent charges of £ each, cation of the trustees or persons acting in the administration of any Though the concurrence of the Charity Commissioners in the conveyance was not required by the Act, nor was in any way essential, they formerly allowed themselves to be made parties to such conveyances as those in the text, and this was a convenient way of preserving evidence of their consent to the particular sale, especially where (as frequently happens in such cases) the application to the Commissioners, and their order upon it, contain only a vague general description of the property, instead of embodying in a schedule, or otherwise, the description given in the surveyor's reports; but the Commissioners now refuse to be parties to these deeds. Where the property has been fully described in the application and order, it will be sufficient to refer to it in the recitals simply as "the hereditaments hereinafter expressed to be hereby granted." The purchaser takes the legal estate under the conveyance; his beneficial interest from the order. Charity Commissioners not necessary parties to a conveyance of charity estates. CHARITY ESTATE. 3. Application by the trustees to the Charity Commissioners PRECEDENT LII. payable thereout to the Governors of Queen Anne's bounty, but free from other incumbrances: AND WHEREAS the said A. B., C. D., and E. F., as such trustees as aforesaid, and in pursuance of the provisions of an Act of Parliament passed in the 16th and 17th years of the reign of Her prefor leave to sell. sent Majesty (c), intituled "An Act for the better administration of Charitable Trusts," amended and continued by several subsequent Acts, lately made an application to the Board of the said Charity Commissioners for England and Wales, representing that, under the special circumstances therein mentioned, it would increase the income of and otherwise be advantageous to the said charity to sell part of the property belonging thereto, consisting of a farmhouse and buildings, and acres of land or thereabouts, situate in the township of, in the said parish of (meaning the said farm, messuage, lands, and hereditaments hereinafter expressed to be hereby granted), subject to the payment of two annuities or annual sums of £, each charged thereon for the benefit of the incumbent or minister of - (meaning the aforesaid annuities or yearly rent-charges of £ each payable to the Governors of Queen Anne's Bounty as aforesaid) for a sum of £ £3 per cent. Consolidated Bank Annui ties, which had been offered for the said property by the 4. The Charity said G. H.: AND WHEREAS the Board of the said Charity Commissioners having inquired into the circumstances, sale to be made. and being satisfied that the said proposed sale would be Commissioners authorise the advantageous to the said charity, did by their warrant under their common seal, dated, &c., authorise the said trustees, as persons acting in the administration of the said charity, to sell to the said G. H. the said farm-house, buildings, and land, subject to the payment of the said annuities or annual sums of £ charged thereon as aforesaid, for and in consideration of the transfer into the name of the Official Trustee of Charity Funds of a sum £3 per cent. Consolidated Bank Annuities, In of £ (c) Cap. 137. CHARITY ESTATE. trust for the said charity; Provided that the said pur- PRECEDENT LII. chaser should in the first instance undertake to pay all costs, charges, and expenses of the vendors as well as of the purchaser, of and incidental to the said proposed sale, whether such sale should be eventually completed or not, and specifically all costs, charges, and expenses of abstracting, stating, and evidencing the vendors' title, and of the settling on their part and the execution by them of the conveyance of the said property: AND WHEREAS 5. Payment by the said G. H. has, in pursuance of the hereinbefore the price and purchaser of recited order, before the date and execution of these all expenses of presents, transferred into the name of the Official Trustee of Charity Funds the sum of £ £3 per cent. Consolidated Bank Annuities, and has paid all costs, charges, and expenses of the said trustees of and incidental to the said sale, including all costs, charges, and expenses of abstracting, stating, and evidencing the said trustees' title, and of the settling on their part and the execution by them of these presents; NOW THIS INDENTURE 6. Witnesseth: WITNESSETH, that, in pursuance of the herein before the sale and conveyance. recited order, and in consideration of the said transfer by consideration; the said G. H. before the execution of these presents of the said sum of £ £3 per cent. Consolidated Bank Annuities into the names of the said A. B., C. D., and E. F., and of the payment of their costs, charges, and expenses as aforesaid (the receipt of which said sum of receipt; ££3 per cent. Consolidated Bank Annuities, and the payment of which said costs, charges, and expenses, they the said A. B., C. D., and E. F. hereby acknowledge), They the said A. B., C. D., and E. F. do and each of them doth hereby grant and confirm unto the said G. H., -grant. his heirs and assigns, ALL THAT farm, &c. [supra, p. 207], 7. Parcels. and which same farm, messuage, and lands, were formerly known and described as All that, &c. [Parcels by the description in old deeds-General Words, supra, p. 208] : TO HAVE AND TO HOLD all the said premises herein before expressed to be hereby granted UNTO the said G. H., his heirs and assigns, To THE USE of the said G. H., his in fee. heirs and assigns, subject to the payment of the said two 8. Habendum : to purchaser CHARITY ESTATE. PRECEDENT LII. annuities or yearly rent-charges of £ each to the Governors of Queen Anne's Bounty [Covenant by the trustees with the purchaser against incumbrances, supra, p. 269]. IN WITNESS, &c. (ADD a Schedule.) PRECEDENT LEASEHOLDS. 1. Parties. 2. Recital of lease, &c. 3. Agreement for sale. 4. Witnesseth: LIII. CONVEYANCE of FREEHOLDS and LEASEHOLDS. [FREEHOLDS AND THIS INDENTURE, made &c., between 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: [Recital of Lease and of its having become vested in vendor, supra, p. 362]: AND WHEREAS the said A. B. hath agreed with the said C. D. for the sale to him at the price of £ of the fee simple in possession of the hereditaments hereinafter expressed to be hereby appointed and granted, And also of the said premises comprised in the hereinbefore recited indenture of lease, for the residue of the said term of years, NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of the sum of £ &c. [Payment of Consideration and Re-appointment of ceipt, supra, p. 273], He the 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 hereditaments hereinafter expressed to be hereby granted, shall henceforth go, remain, and be To the uses, upon the trust, and subject to the power hereinafter declared and expressed: AND THIS INDENTURE ALSO WITNESSETH that, in further pursuance of the said agreement, and for the consideration aforesaid, the said A. B. doth hereby -grant of free grant and confirm unto the said C. D. and his heirs [parcels, supra, pp. 207, 210, 213, 215, or 219,-general freeholds. 5. Witnesseth, secondly: holds. PRECEDENT LIII. LEASEHOLDS. leasehold. words, supra, p. 208]: TO HAVE AND TO HOLD all the said premises hereinbefore expressed to be hereby granted, Unto the said C. D. and his heirs, To the uses, upon the FREEHOLDS AND trust, and subject to the power hereinafter declared and 6. Habendum. expressed: AND IT IS HEREBY DECLARED [Limitation of uses, and Declaration to bar dower, supra, p. 211]; AND 7. Witnesseth, thirdly: THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreement, and for the assignment of consideration aforesaid, he the said A. B. doth hereby assign unto the said C. D., his executors, administrators, and assigns, ALL THOSE the said —, hereditaments, and premises by the hereinbefore recited indenture of lease expressed to be demised, with their rights, easements, and appurtenances, And all the estate, &c., TO HAVE AND TO 8. Habendum. HOLD all the said premises herein before expressed to be hereby assigned, Unto the said C. D., his executors, administrators, and assigns, for the residue of the said term of years, at the rent reserved by, and subject to the covenants by the lessee, and conditions, contained in the said indenture of lease, and henceforth to be performed and observed: AND THE SAID A. B. doth hereby for him- 9. Covenants for self, his heirs, executors, administrators, covenant with the said C. D., his heirs, executors, administrators, and that lease is assigns, that, notwithstanding anything by him the said good; A. B. done, omitted, or knowingly suffered, the hereinbefore recited indenture of lease is now a valid and subsisting lease of the said premises hereinbefore expressed to be hereby assigned, and is in nowise void or voidable : AND THAT, notwithstanding any such thing as aforesaid, all the rents reserved by and covenants by the lessee and conditions contained in the said indenture of lease have been paid, performed, and observed up to the date of these presents: AND THAT, notwithstanding any such for right to thing as aforesaid, he the said A. B. now hath power to appoint and grant the said premises hereinbefore expressed to be hereby appointed and granted to the uses hereinbefore declared, and also to assign the said premises hereinbefore expressed to be hereby assigned unto the said C. D., his executors, administrators, and assigns, for the title to freeholds and leaseholds; that rent bas been paid; convey freeholds and leaseholds; |