PRECEDENT COVENANT FOR BY FIDUCIARY hereby for himself, his heirs, executors, and administrators, covenant with the said G. H., his heirs and assigns, that they the said covenanting parties respectively and their respective heirs, executors, administrators, and assigns (c), unless prevented by fire or other inevitable accident, WILL, upon every reasonable request in writing Covenant to pro by the said G. H., his heirs or assigns, or any person deeds; lawfully or equitably claiming through him any estate OWNERS. duce scheduled (c) Where the deeds happen to be in the possession of various persons, as is frequently the case when the property sold is subject to successive mortgages, or held in undivided shares, the following form, which comprehends concisely in one covenant all the covenantors and all the deeds, or some modification of it, may be employed. He the said A. B., so far as relates to all the deeds and writings hereinafter covenanted to be produced, except the indentures of the day of and day of ―, doth hereby, for himself, his heirs, executors, administrators, and assigns, And each of them the said C. D. and E. F., so far only as relates to the said indenture of the day of and to the acts of himself and his own heirs, executors, and administrators alone, and so as to bind himself, his heirs, executors, and administrators, respectively only while having the actual custody of the same indenture, and so far as practicable to bind the same indenture into whosesoever hands the same may come, and not so as to bind himself, his heirs, executors, or administrators, or to incur any liability further or otherwise, doth hereby, for himself, his heirs, executors, and administrators: And they the said G. H. and I. K., so far only as relates to the said indenture of the day of —, do hereby, for themselves, their heirs, executors, administrators, and assigns, covenant with the said [purchaser], his heirs and assigns, that they the said covenanting parties respectively, and their respective heirs, executors, adminis trators, and assigns, unless prevented by fire, &c., as in the text. VOL. II. NN PRECEDENT COVENANT FOR -and furnish copies, -and keep deeds safe. or interest in the said hereditaments comprised in the herein before recited indenture, or any part thereof, at the cost of the person or persons requiring the same, produce and show at such times, in such places, and to such persons as he or they shall require, every or any of the said deeds and writings specified in the said schedule hereto for the manifestation, defence, and support of the estate, title, and possession of the said G. H., his heirs or assigns, and every or any such other person as aforesaid. AND WILL at the like cost make and furnish to the said G. H., his heirs or assigns, or any such other person as aforesaid, such true copies, attested or unat tested, of all or any of the same deeds and writings as he or they may require. AND WILL in the meantime keep the same deeds and writings safe, whole, uncancelled, and undefaced. IN WITNESS, &c. INDEX TO INTRODUCTIONS AND NOTES. ACKNOWLEDGMENT of deeds, by married women, 187, 207, 218. ADMINISTRATION of real estate, sales under decrees in, 244, 250, 255, 259. title of, 33, 35. vested in tenants in common, how they present, 33. purchase of, 318. curtesy may be of, ib. AGENT, purchase made through, 230. life insurance through, 531. AGREEMENTS, general observations, 1. required by the Statute of Frauds to be in writing, 2, 3, 36 under seal, 53, 97. specific performance of, 3, 51. statement in, of the interest to be sold, 4. for sale do not make vendor a trustee, 5. penalty for breach of, 28, 525. to execute powers, 92. for arbitration, 46, 121, 143, 158. mortgage, 80, 96. by public companies, how to be executed, 148. APPOINTMENT under a power, 170, 174. to dower uses, validity of, 183. APPORTIONMENT of purchase-money of freeholds and copyholds, 353. ARBITRATION, agreement to refer disputes to, 46, 121, 143, 158, 437. C. L. P. Act, 122, 437. ASSIGNMENT of equitable interests in copyholds, 190. leaseholds, 198, 367, 461. attendant terms, 286, 490, 493. ASSURANCES, modern forms of, 169. ATTENDANT TERMS, release and assignment of, 286, 490, 493. ATTORNEY, POWER OF, for valuable consideration irrevocable, 517. AUCTION, purchase at, by agent, 230. recital of, 233. AWARD.-See ARBITRATION. BANKRUPTCY, law of, as to real estate, 454. conveyance of freeholds, 456. copyholds, 459. leaseholds, 461. BARGAIN AND SALE, under Statute of Uses, 172. at common law, 173. of copyholds, 231. BUILDING, covenants and provisions for, 444, 452. CHANCERY, COURT OF, submissions to arbitration made a rule of, 126. out of money in, 348. CHARITY ESTATE, exchange of, 72. sales of, 403. conveyance to charitable uses, 466. CHOSE IN ACTION, assignment of, 533. CHURCH ESTATES COMMISSIONERS, purchases by, 376. sales by, 391. COMMONAGE, rights and regrant of, 342. COMPANY (PUBLIC), execution of deeds by, 148. conveyances to, 477, 482, 484, 486. CONDITION, agreement making precedent, 143, 158. CONVEYANCES ON SALES, deeds used as, 169. for freeholds, ib. copyholds, 188. leaseholds, 198. without recitals, 206. whose concurrence in, may be required, 248. under Trustee Acts, 259, 265. by infants not necessarily settled by the Court, 216. Court will arrange, 254. COPY HOLDS, definition and conveyances of, 188. purchaser of, has notice of the customs, 6. risk of purchasing with intention of pulling down build- ings, 7. forfeiture of, 7, 198. covenant to surrender, 194. surrender of married woman's, 191. limitation of uses of, ib. entail of, how barred, 329. |