PREC. XXXIV. Covenants by tenant for life to the sd E., ALL & SINGR the hds & premes first hinbfe descd & hby appted, to the intent that the same may henceforth be dischged from the sd jointure rent-chge of £ p.a. limd or secd to the sd C. by the sd (a), &c., & from every pt thof, & from all powers & remedies for securg the same, & all claims & demands in respt thof, [& that the sd term of yrs may become absolutely merged & extinguished in the freehd & inhance of the same premes] [or if D. is not a pty, that the sd term of yrs may cease as a satisfied term]; Cort by B. with E., that he the sd B., his hrs, exs, or ads, will at all times indemnify hrafter keep the sd E., his hrs, exs, ads, & assns, effectually indemnified from & agst the sd ppal sum of £chged on the sd premes firstly hby appted under or by virtue of the sd indre, &c., & from & agst all intt due or to accrue due in respt thof or any pt thof, & from & agst all duties wch may become payable in respt of the sd premes firstly hby appted, or any pt thof, upon the death of the sd C., & from & agst all claims, demands, actions, pcdgs, costs, & expses whatsr, for or in respt of the sd ppal sum & intt & duties, or any pt thof resply. Acknmt & undertakg by B. as to title deeds, p. 418. IN WITS, &c. purchaser against charge and death duty (b). XXXV. PREC. XXXV. Recitals. Indemnity as to succession duty. CONVEYANCE of FREEHOLDS by TENANT for LIFE and TENANT in TAIL as part of a FAMILY ARRANGEMENT (c). PARTIES, A., tenant for life, 1; B., tenant in tail, 2; C., 3. Recite seisin of A. & B. for their respive estes, p. 363. AND (a) See page 54, note (b). (b) The covenant of indemnity against the death duties, which will become payable on the death of the jointress, should be inserted, as the jointure overrides the settlement, notwithstanding Dugdale v. Meadows, 9 Eq. 212, 6 Ch. 501; see above, p. 469, note (ƒ). If the case admits of it, the indemnity might be strengthened by a charge upon or grant of powers of distress and entry on other land, whether already subject to the charges or not; but see as to such powers, p. 306, note. See further as to succession duty and estate duty, ante, p. 469. (c) This, though not, strictly speaking, a conveyance on sale, may conveniently find a place here. As to family arrangements, see p. 56, note (a). The conveyance must be enrolled within six calendar months after execu PREC. XXXV. arrange WHAS in order to make provon for the sd C. & as pt of & in conson of a family arrangemt, the other pt whof is contd in & has been fully carried into effect by an indre bearg even date Family with & exted bfe these psnts & made, &c., the sd A. & B. are ment. desirous & have agrd to convey the sd hds to the sd C. in mner hinafter expd: AND WHAS although the sd indre of even date hwith is hinbfe refd to as formg a valuable conson for the convce hby made, it is nevs the intention of the sd A. & B. (as they do hby exply declare) that these psnts shl operate & take effect independently of that indre, & so that the same shl in no wise form pt of the title to the sd hds hby conveyed (d): NOW THIS INDRE WITNETH that in Witpsuance of the sd arrangemt & in conson of the premes the sd A., as benefl owner, as to his este for his life in the hds hinafter descd, doth hby grt, & the sd B., as benefl owner, as to Grant by the remr in fee simple expectant upon the sd life este in the life and same hds & with the consent of the sd A. as protector of the tenant in settlemt, doth hby grt & confirm unto the sd C., Pcels, p. 377, Habendum, UNTO the sd C., his hrs & assns, dischged from the Habensd este tail & all other estes tail of the sd B. in the same Discharged premes & all remrs, reversions, estes, rts, intts & powers to from estate take effect after the determinon or in defeasance of such este tail. tail or estes tail TO THE USE of the sd C., his hrs & assns. IN WITS, &c. tion, see the Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74), s. 41. As to deeds barring entails, see infra, DISENTAILING DEEDS. nesreth. tenant for tail. dum. tained in separate deed. (d) See p. 505, note (a). In spite of this recital the other deed might Considerapossibly be called for to verify the statement that it created a valuable tion conconsideration, so as to prevent this deed from being impeachable as voluntary; and possibly also to show that the consideration did not make this deed liable to ad valorem stamp duty; but this might be avoided by getting the stamp adjudicated. So far as the implication of covenants for Covenants title by the use of the words 'as beneficial owner is concerned, it is conceived that a deed expressed to be for valuable consideration (e.g. “for divers good & valuable consons") though not so in fact, would be effectual against the grantor by estoppel; but where there is any doubt as to the deed being for valuable consideration, it is better expressly to incorporate the statutory covenants, see p. 410, Form XIII. for title in voluntary deed. PREC. XXXVI. Contract. Wit nesseth. Haben dum. XXXVI. SURRENDER of FREEHOLDS by TENANT FOR LIFE to PARTIES, A., tenant for life, 1; B., remrman, 2. Recitals IN XXXVII. PREC. XXXVII. Recitals. Effect of union of life estate and fee on powers of sale, &c. CONVEYANCE of REVERSION in fee of FREEHOLDS to a PARTIES, A., vendor, 1; B., pchaser, 2. Short recital of title of A. in reversion expectant on the dece of X., the tenant (a) Although a tenant for life cannot divest himself of his powers under the Settled Land Acts, even by an out and out conveyance of his life estate (see the Act of 1882, s. 50 (1)), it seems that in the case in the text the statutory powers would be gone by the union of the life estate with the reversion in fee, and it is a question whether they could be kept alive by an express declaration against the merger of the life estate; and if not, any charges of jointures or portions still subsisting under the settlement could not afterwards be overridden on a sale, unless the settlement contains an express power of sale, which might still be available, although the consent of the tenant for life is required to its exercise; see Alexander v. Mills, 6 Ch. 124. (b) On a purchase of a reversion the powers of sale and leasing given by the Settled Land Act, 1882, to the tenant for life or other limited owner, which he cannot assign or release or contract not to exercise (s. 50), should be borne in mind. His statutory power of sale overrides any previous sale by the reversioner; Wheelwright v. Walker, 23 Ch. D. 752. As to whether for life, p. 362: AND WHAS the sd A. has agrd with the sd B. of the reversion & PREC. XXXVII. for the sale to him for the sum of £-inhance in fee simple of the sd A., expectant on the dece of Contract. the sd X. of & in the sd hds, & it has been further agrd that the duties payable in respt of the sd premes upon the dece of the sd X., shl be pd by the sd B., & that he shl enter into the covt in relon thto hinafter contd: NOW THIS INDRE Witnesseth. WITNETH that, &c., conson (the rect, &c.), the sd A. as benefi owner doth hby grt unto the sd B., pcels, p. 377: TO HOLD the Grant. same UNTO & TO THE USE of the sd B., his hrs & assns, subjt to the este for life of the sd X. in the same premes: Covt by B. to pay death duties, p. 421 (c). IN WITS, &c. To purfee. chaser in XXXVIII. RELEASE of REVERSION in fee of FREEHOLDS, expectant on an ESTATE FOR LIFE, to the TENANT FOR LIfe. COVENANT to pay DEATH DUTIES (d). PREC. XXXVIII. nesseth. dum. PARTIES, A., remrman, 1; B., tenant for life, 2. Recitals as in the last Precedent, mutatis mutandis. NOW THIS WitINDRE WITNETH, &c., conson (the rect, &c.), the sd A., as benefl owner, doth hby grt & rele unto the sd B., pcels, p. 377: TO HOLD the same UNTO & TO THE USE of the sd B. Habenhis hrs & assns subjt to the este for life of the sd B. in the sd premes, to the intent that the same may merge & be extinguished in the revon & inhance thof, & that the sd B. may be henceforth seised of or entled to the fee simple & inhance in posson thof; Cort by B. to pay death duties, p. 421 (e). IN WITS, &c. it can be restrained or interfered with, see Thomas v. Williams, 24 Ch. D. 558. As to sales of reversions, see 31 & 32 Vict. c. 4, and cases decided Sales of thereunder, enumerated in the notes to Chesterfield v. Janssen, 1 W. & T., reversions. L. C., 624; Fry v. Lane, 40 Ch. D. 312. (c) See note, p. 421. If A. is parting with only part of his reversion, it will have to be considered how the duties are to be borne. (d) See last page, note (a), as to effect of union of the life estate with the fee on the statutory or other powers of sale. (e) See note (g), p. 421. PREC. XXXIX. Recitals. succession duty. Witnesseth. XXXIX. CONVEYANCE of FREEHOLDS by equitable TENANT FOR LIFE and REMAINDERMEN, and a TRUSTEE in whom the legal estate is outstanding. PARTIES, A., tenant for life, & B., C., & D., remrmen, 1; E., tree, 2; F., pchaser, 3. Recite will of X., under wch the ppty has become vested in E., in trust for A. for life, with remr to B., C., & D., as tenants in common in fee: Death of testor & probate, p. 365: Contract for sale, p. 371, form VIII.; AND WHAS it has been agrd that the sd pchase-moy shl be pd to the sd pties Payment of hto of the first pt, jtly & upon their jt rect; [AND WHAS the succession duty payable upon the dece of the sd A. in respt of the sd premes hby assured, has been compounded for & pd & satisfied by the sd B., C., & D., prior to the exon of these psnts] (a): NOW THIS INDRE WITNETH that in psuance, &c., & in conson of the sum of £, to the sd pties hto of the first pt pd by the sd F. (the rect, &c.), the sd E., as tree, by the diron of the sd pties hto of the first pt, doth hby grt, & the sd A. as benefl owner, as to the este for his life, & all other, if any, his este or intt in the hds hby assured, doth hby grt, & the sd B., C., & D., each of them conveying as benefl owner of one eql third pt of the revon in fee simple [or, if they are entld uneqlly, as benefl owner of the pt or share of or in the sd premes to wch he or she is entled as hinbfe appears in revon] expectant on the life este of the sd A. in the sd premes, & as to all other, if any, their respive estes or intts thrin, do resply hby (b) grt & confirm unto the Grar.t. Succession duty. (a) If the duty is not paid in advance, a covenant for payment should be inserted; see p. 421. As to the commutation of duty in respect of a reversion, see the Succession Duty Act, 1853, s. 41; and as to personalty, see 43 Vict. c. 14, s. 11. No estate duty will be payable on A.'s death. (b) If the interests of the parties of the first part are shown by the recitals, they may convey as follows (see p. 407, note) : "And they, the sd pties hto of the first pt, each of them conveying as benefl owner of the respive este, share, or intt in the hds hby assured, to wch he or she is entled, as hinbfe appears, & all other (if any) his or her este or intt thrin, do resply hby, &c." |