Слике страница
PDF
ePub

with the said E. F. and G. H., their executors and administrators; and the said E. F. and G. H. do hereby jointly for themselves, their heirs, executors, and administrators, and each of them severally, separate and apart from the other of them, doth hereby for himself, his heirs, executors, and administrators, covenant, declare, and agree with the said A. B. and C. D., their executors and administrators, and to and with each of them separately, his executors and administrators.

XXXIII. And the said A. B. doth hereby for himself, his heirs, executors, and administrators, as far as relates to and concerns the three undivided fourth parts of the said A. B. and C. his wife, of and in the said messuages or tenements and hereditaments hereby released or otherwise assured, or intended so to be, and the title to the same three undivided fourth parts, and the acts, deeds, and defaults relating thereto, and so only as to be answerable for and to the value of the same three undivided fourth parts; And the said C. D. doth hereby for herself, her heirs, executors, and administrators, as far as relates to or concerns the undivided fourth part of the said C. D. of and in the same messuages or tenements and hereditaments, and the title to the same undivided fourth part, and the acts, deeds, and defaults relating thereto, and so only as to be answerable for and to the value of the same one fourth part.

con

XXXIV. And the said A. B. doth hereby for himself, his heirs, executors, and administrators, and as to, for, and cerning only and as far as relates to the title under his tate for life, and remainder or reversion in fee, and the acts, deeds, and defaults relating thereto.

es

[blocks in formation]

dors have different estates,

as one an estate

for life, and

XXXV. And the said A. B., so far as relates to or con- Where the vencerns his estate for life of and in the said messuages and other hereditaments, and the title, right to convey, quiet enjoyment, freedom from incumbrances, and further assurance of the same, doth for himself, his heirs, executors, and administrators; and the said C. D., so far as relates to or concerns his estate in remainder after the death of the said

the other a remainder in fee.

By tenant for life, and re

mainder-men in fee &c., each as

to the acts, and for the estate and interest of himself and his trustees.

By tenant for life, and remainder-man in fee.

A. B., of and in the said messuages and other hereditaments, and the title, right to convey, quiet enjoyment, freedom from incumbrances, and further assurance of the same, doth for himself, his heirs, executors, and administrators.

XXXVI. And the said A. B. doth hereby for herself, her heirs, executors, and administrators, and as to and concerning only her life estate in the premises, and the acts and deeds which relate to or concern the same life estate or the value thereof; and each of them the said C. D., E. F., and G. H., severally, separate and apart from the other of them, doth hereby for himself respectively, and his respective heirs, executors, and administrators, and as to and concerning only the acts, deeds, and defaults of himself and of his said wife respectively, and of his or her heirs, executors, and administrators, and the person or persons rightfully claiming or to claim by, from, under, or in trust for him, her, or them respectively, as far as the same acts, deeds, and defaults relate to or concern the moieties or parts or shares of the said C. D., E. F., and G. H. respectively, or their respective trustees, of and in the said messuages &c. hereby released &c., and so that the said C. D., his heirs, executors, or administrators, may be answerable only for or to the value of the moiety, half part, or share of them the said C. D. and M. his wife, and their trustees; and so that the said E. F. may be answerable only for or to the value of the share, estate, and interest of him the said E. F. and his trustees, and the said G. H., his heirs, executors, or administrators, may be answerable only for or to the value of the moiety, half part, or share of them the said G. H. and A. his wife, and their trustees.

XXXVII. And the said A. B. doth hereby, for himself, his heirs, executors, and administrators, and so only that he and they may be answerable for and to the extent of the value of an estate for his life in the said messuages &c. hereby released or otherwise assured, or intended so to be, and the acts, deeds, and defaults relating thereto; And the said C. D. doth hereby, for himself, his heirs, executors, and administrators, and so only that he and they may be answer

able for the title to the same messuages &c. as and for an estate after and expectant on the death of the said A. B. (a)

XXXVIII. And each of them the said A. B. and C. D., severally, separate and apart from the other of them, doth hereby, for himself and herself respectively, and his and her respective heirs, executors, and administrators, and as to and concerning only and as far only as relates to his and her estate and interest respectively in the said messuages or tenements, farms, closes of land, hereditaments, and premises, and the acts and deeds which relate thereto, and so only as to be answerable for and to the value of the same estate.

XXXIX. And the said A. B. doth hereby, for herself, her heirs, executors, and administrators, and as to and concerning only her life estate in the premises, and the acts and deeds which relate to or concern the same life estate or the value thereof; And the said C. D. doth hereby, for himself, his heirs, executors, and administrators, and as to and concerning only his estate or interest in the premises, and the acts and deeds which relate to or concern the same estate or interest, or the value thereof.

XL. And each of them the said A. B. and C. D., severally, separate and apart from the other of them, doth hereby, for himself, his heirs, executors, and administrators, and each of them, only as to and concerning and as far only as relates to the estate, right, and interest which he respectively had in the messuage &c. hereby released or otherwise assured, or intended so to be, when the said Act of Parliament was passed, and so only as to be answerable as to the acts, deeds, and defaults relating to the same estate.

XLI. And the said A. B. doth, by these presents, for himself, his heirs, executors, and administrators, and as to

(a) The same Form may be adopted on a sale by a trustee in whom the legal estate is vested in trust for sale, A. B. and C. D. being beneficially interested in the produce, and being, prior to the conveyance in trust for sale, tenant for life and remainder-man in fee.

[blocks in formation]

and estate for life in others;

as to reversion

in same lands, expectant on death, &c.

and concerning only the said close and hereditaments called and by another &C., with the appurtenances, and the fee-simple and inheri tance thereof, and the estate and beneficial interest for the life of the said A. B. in the messuages, lands, and hereditaments secondly hereby released or otherwise assured, or intended so to be, and the acts, deeds, and defaults of himself, his heirs, executors, and administrators, and of all persons claiming or to claim under or in trust for him or them, or the said C. D. or E. F., relating to or concerning the same closes and estate for life; And the said G. H. doth hereby, for himself, his heirs, executors, and administrators, and as to, for, and concerning the beneficial interest of and in the fee-simple of the said messuage, lands, and hereditaments secondly hereby released or otherwise assured, or intended so to be, expectant on the death of the said A. B., and the acts, deeds, and defaults of himself, his heirs, executors, and administrators, and of the said C. D. and E. F., and of all persons claiming or to claim under or in trust for him or them, relating to or concerning the same beneficial interest expectant as aforesaid.

When leasehold

lands are assigned, and copyhold lands

covenanted to

be surrendered,

in the same deed.

XLII. And the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant and agree with the said C. D. and E. F., their executors, administrators, and assigns, as far as relates to or concerns the said messuages &c. hereby assigned or otherwise assured, or intended so to be, and with the said G. H. and I. K., their heirs and assigns, as far as relates to or concerns the said copyhold messuages &c. hereby covenanted to be surrendered or otherwise assured, or intended so to be.

By several per- XLIII. And the said A. B. doth hereby, for himself, his sons, each as to different estates. heirs, executors, and administrators, and as far only as relates to or concerns the said messuages &c., situate in &c., and first hereby released or otherwise assured, or intended so to be, and the acts, deeds, defaults, and title relating thereto; and the said C. D. doth hereby, for herself, her heirs, executors, and administrators, and as far only as relates to or concerns the said messuages &c., situate in &c., and secondly

hereby released or otherwise assured, or intended so to be, and the acts, deeds, defaults, and title relating thereto.

By several perferent estates

sons, as to dif

XLIV. And the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant, declare, and agree, to and with the said C. D., her heirs and assigns, for seisin. that notwithstanding any act, deed, matter, or thing whatsoever, made, done, committed, executed, or willingly or knowingly permitted or suffered to the contrary by the said. A. B., or any of his trustees (except as hereinafter is excepted), they the said C. D. &c., or some or one of them, as to the manors &c. first herein before released or otherwise assured, or intended so to be; and the said E. F. &c., or one of them, as to the said messuages &c. secondly hereinbefore released or otherwise assured, or intended so to be; and the said G. H. &c., as to the said messuages &c. thirdly hereinbefore released or otherwise assured, or intended so to be; and the said I. K. &c. respectively, as to the said copyhold messuages &c. vested in them respectively, and herein before covenanted to be surrendered, are or is seised to him or them, or his or their heirs, of the same manors &c. respectively, of a good, sure, lawful, absolute, and indefeasible estate of inheritance in fee-simple, according to the nature of the tenure thereof, without any condition &c.

holds,in releases in fee.

XLV. Covenant, promise, and agree with and to the said For title to freeA. B., his heirs and assigns, by these presents in manner following; that is to say, that for and notwithstanding any act, deed, matter, or thing whatsoever by him the said C. D., or the said E. F. the testator (a), or any person claiming under seised in fee.

(a) With respect to the persons against whose acts a vendor is bound

to covenant, the following rules must be observed:

1st. Where the vendor was himself the purchaser, and obtained proper covenants for title, then he is not bound to enter into covenants extending beyond his own acts. 14 Ves. 239.

2ndly. Where the vendor was not himself the purchaser, but acquired the estate either as heir or devisee, or under a voluntary settlement, then he is bound, at least according to the practice of conveyancers, to enter into covenants extending to the acts of the last purchaser, whether ancestor, testator, or settlor, or otherwise, as the case may be.

(In purchase deeds).

That vendor is

« ПретходнаНастави »