to the settlor, p. 359: AND WHAS under or by virtue of an indre, PREO. XIX. dated, &c., & made, &c. [& of anor indre bearg even date Settlement thwith, & made, &c.], or, "the will of X., deced, dated, &c., & or will (b). proved, &c.," the sd hds & premes became & are now vested in the sd B. & C., the psnt trees of the same indre [respive indres] or, "will," upon trust at any time with the consent in writg of the sd A. to sell the same or any pt or pts thof, & the sd A. is benefly entled to the posson or rect of the rents & profits of the same premes durg his life or until the same shl be sold, or, recite the material pts of the deed or deeds of settlemt or will at length, & any subseqt events showg that A. is a limd owner, & B. & C. are trees for sale within the Act. Order of Ct under the Settled Land Acts authorisg A. to exercise the powers of the Acts, see p. 372: AND WHAS the sd A., by virtue of the powers vested Agreement. in him under the Settled Land Acts, 1882 to 1890, & the hinbfe recited order of Ct, has agrd with the sd D., &c., recital of agreemt for sale, p. 370, form II.; [Recital introductory to cort for prodon of deeds, &c., p. 374]: NOW THIS INDRE WitWITNETH that in psuance, &c., conson, & rect, as in last nesseth. Precedent, the sd A., as benefl owner by virtue, &c., as in last Precedent, doth hby assn & convey unto the sd D., pcels, p. 381, Assignform xvII.; Habendum, p. 396, form XIV. [Provo, if required,

ment.

has been

under

power to

(b) If the land was purchased under the usual power in a marriage settle- Variation ment or will of personalty, the recital may be, "AND WHAS by an indre where land dated, &c., & made, &c., the convce, the hds hby assured were purchased limited to the use of the sd B. & C., their hrs & assns, upon the trusts by a certn indre of settlemt, dated, &c., & made, invest in &c., or, the will of X., deced, dated, &c., & proved, &c.' decld land. concerng the hds thby authorised to be pchased with the trust moys thrunder or such of the same trusts as were then subsistg & capable of takg effect, being (amongst other trusts) for the sale of the sd hds by the sd trees with the consent of the sd A., & for paymt of the rents & profits thof until sale to the sd A. durg his life," or in the not uncommon case of the purchase having been made partly out of the husband's and partly out of the wife's fortune, "for the paymt of the rent & profits thof until sale as to pt to the sd A. durg his life, & as to the other pt to the sd E. durg her life for her separate use witht power of anticipon." In the latter case both A. and E. would be necessary conveying parties.

PREO. XIX. restrictg A.'s implied covts for title, p. 411, form II., mutatis mutandis]; [Cort, if required, by D. with B. & C. to pay rent, dc., p. 419, form 1.]: [Acknmt & undertakg by A., or acknmt by B. & C. as to munimts, p. 418.] IN WITS, &c.

[Schdle of Munimts.]

PREC. XX.

Recitals.

XX.

CONVEYANCE of COPYHOLDS and GRANT of a RIGHT OF
WAY over adjoining freeholds under the SETTLED LAND
ACTs, by a tenant for life under a will containing a
CHARGE of DEbts (a).

PARTIES, A., tenant for life, 1; B. & C., trees & exs, 2; D., pchaser, 3. WHAS X., of, &c., deced, by his will, dated, &c., Settlement. after bequeathg certn legacies & chging his debts & legacies on his real este in aid of his psonal este, devised his freehd estes & hds, includg the hds over wch a rt of way is hby grted, to certn uses under wch the sd A. is tenant for life in posson thof, & the sd B. & C. are trees of the sd will with a power of sale over the sd hds & premes, exercisable with the

As to effect
of charge
of debts or
legacies.

(a) See note on the Acts, p. 456 et seq. and the variations to Precedent XVIII. Where the property is subject, under the will of the settlor (as in this case) or a prior owner, to an express or implied charge of debts or legacies, so as to create or imply a power of sale or mortgage in the executors or trustees to raise money for the purpose (as to which see 2 Dav. Prec., pt. 2, p. 471 et seq. note), it has to be considered whether the tenant for life can make a good title without the concurrence of the executors or trustees. If the settlement was made by the will itself it is conceived that being a floating charge it would be overreached by the conveyance to the purchaser under the S. L. Act, 1882, s. 20 (2); but if the will was prior to the settlement, this would not be so, see s. 20 (2, i). It is necessary in the latter and better in the former case that the executors or trustees should join in the conveyance to confirm the sale and give a discharge for the purchase money. The purchase money should in either case be paid to the executors or trustees of the will, which is in accordance with ss. 21 and 22 of the Act, as capital money is applicable thereunder in the first place in payment of claims paramount to the settlement, and subject thereto is payable to the trustees of the settlement; and their receipt is the only proper discharge to the purchaser even though the money is not in fact wanted to pay debts or legacies.

:

of execu

consent of the sd A., & the sd testor devised his copyhd hds, PREC. XX. includg the copyhd hds hby assured to the use of the sd B. & C., & their hrs upon the like trusts, & subjt to the like powers & provons as were in & by the sd will decld & contd of & concerng the sd freehd hds, or as near thto as the different tenure of the ppty wd admit, & the sd testor appted the sd B. & C. exs of his sd will: Death & probate, p. 365, admittce of trees, p. 351, form XI. (b); AND WHAS the sd A., by virtue of the powers vested in him under the Settled Land Acts, 1882 to 1890, has agrd with the sd D. for the sale & convce & grt to him of the copyhd hds hinafter descd & hby assured, & the inhance thof in posson accdg to the custom of the manor, & also of the rt of way hinafter grted, free from incumbces, for the sum of £- - AND WHAs the sd B. & C., Agreement in whom as exs or trees of the sd will a power of sale or mtge tors and of the hds thby devised for raisg moy for paymt of the debts & trustees to join. legacies of the sd testor is considered to be vested by virtue of his will, have at the reqt of the sd A., & to perfect the title of the sd D., agrd to join in these psnts for the ppose of confirmg the sd sale, & givg a dischge for the sd pchase moy as hinafter appears; [Recital introductory to cort for prodon of deeds, p. 374]: NOW THIS INDRE, &c., pchase moy pd to B. & C. Witas exs & trees of the sd will," see Precedent XVIII., the sd A., as benefl owner, by virtue of the powers vested in him under the Settled Land Acts, 1882 to 1890, & of every other power enablg him in this behalf, doth hby with the concurrce of the Grant. sd B. & C. grt & convey unto the sd D., copyhd pcels, p. 377 et seq.; AND ALSO full & free liberty for the sd D., his hrs & Right of assns, the owners & occupiers of the sd copyhd premes hby assured, continue as at p. 383, form XXVIII., TO HOLD the same free & dischged from the debts of the sd X., & the legacies bequed by his will UNTO & TO THE USE of the sd D., his hrs & Habenassns, but as to the sd copyhd premes accdg to the custom of

nesseth.

way.

dum.

(b) As to the power of the tenant for life to convey copyholds, see p. 460 As to conet seq. note; and as to the power to sell an easement over the settled estate, veyance of see the Act of 1882, s. 3 (i). It is conceived that an easement over freehold copyholds. land may be granted so as to be annexed in enjoyment to copyholds, the legal effect being the same as if it had been acquired by prescription. The recitals should show in whom the legal estate is vested. If the trustees of a will have not been admitted, and the tenant for life sells under the Settled Land Acts, only one fine is payable; Re Naylor, 34 Ch. D. 217.

PREC. XX. the sd manor, & by and under the rents, fines, suits, & services due & accustomed for the same, & as to the sd rt of way to the intent that the same may be annexed in enjoymt to the sd copyhd premes: [Acknmt & undertakg as to munimts, p. 418]. IN WITS, &c.

[Schdle of Munimts.]

PREC. XXI.

Recitals. Title of infant.

Order appointing persons to sell.

XXI.

CONVEYANCE under the SETTLED LAND ACTS of FREE-
HOLDS belonging absolutely to an INFANT (a).

PARTIES, A. & B., the psons apptd by the Ct to sell & convey
or the trees of the settlemt, 1; C., pchaser, 2. WHAS K. an
infant under the age of twenty-one yrs is seised of the hds hby
assured wch form pt of the este hinafter mentd for an
este in fee simple in posson free from incumbces under or by
virtue of an indre, &c., or, "the will of, &c.," or, "as hr at
law of who died seised thof intestate on, &c." AND WHAS
at the date of the order hinafter recited there were no trees
with power of sale over the sd este or orwise for the pposes of
the Settled Land Acts, 1882 to 1890, in relon thto; AND
WHAS by an order of the Chancery Divon made on the
day of by Mr. Justice in the mre of, &c., it was
ordered that the power of sale & convce & other powers con-
ferred upon tenants for life by the Settled Land Acts, 1882 to
1890, might be exercised by the sd A. & B. on behalf of the sd.
K. durg his minority over or in relon to theeste, & it was
further ordered that on a sale of any pt of the sd este the
pchase moy shd be pd into Ct to the credit of, &c. (b); AND

(a) See p. 456 et seq., note; and as to infants, p. 465.

(b) As to the necessity for payment into Court in this case, see Re Dudley, 35 Ch. D. 338; p. 465, note. If the trustees have a power of sale under the settlement or will, they may sell under that power or under the statutory power without any order of the Court; and it will probably be a matter of indifference which course is adopted, unless it be with reference to the reinvestment of the purchase-money. If the sale is made under the statutory power the following recital should be added: "And by the sd indre [will] a power of sale of the sd hds is vested in the sd A. & B.

WHAS the sd A. & B. have, by virtue of the powers conferred PREC. XXI. on them by the sd recited order agrd with the sd C. for the absolute sale to him of the hds hby assured & the inhance thof in fee simple in posson for the sum of £; [Recital introductory to covt for prodon of deeds, p. 374;] recital of diron for paymt into Ct & paymt accdly, see p. 468: NOW THIS INDRE WitWITNETH that in psuance, &c. & in conson of the sum of £ now pd by the sd C. into Ct as afsd, the sd A. & B. by virtue of the powers conferred on them by the Settled Land Acts, 1882 to 1890, & under the sd order of the

nesseth.

day of & by virtue of every other power enablg them in this behalf, do hby, on behalf of the sd K., grt & convey unto the sd C., Peels, p. 377 et seq., TO HOLD the same premes UNTO & TO THE Grant. USE of the sd C., his hrs & assns: AND THE sd A. & B. as well Habendum on their own respive behalf as on behalf of the sd K. (c) hby chaser in acknowe the rt of the sd C. to the prodon of the munimts fee. mentd in the schdle hto (wch are in the custody of the sd K. or ledgment of the sd A. & B. in his rt) & to delivery of copies thof. IN as to WITS, &c.

[Schdle of Munimts.]

as the psnt trees thof durg the minority of the sd K.," or, "the sd A. & B. were appted trees of the sd hds for the pposes of the Settled Land Acts, 1882 to 1890." If the sale is made by the trustees under the Act, they can sell the mansion-house, or land held with it, of their own authority and without an order of the Court.

(c) There may be questions as to who has in law the custody of the deeds belonging to the infant in this case, and as to the legal effect of the acknowledgment: see p. 414, note. The above form may obviate questions as far as the case admits.

to pur

Acknow

deeds.