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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.

By tenant for XXXVI. And the said A. B. doth hereby for herself, life, and remainder-men in her heirs, executors, and administrators, and as to and confee &c., each as cerning only her life estate in the premises, and the acts to the acts, and for the estate

and deeds which relate to or concern the same life estate or and interest of himself and his the value thereof; and each of them the said C. D., E. F., trustees. 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.

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

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 answerable 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)

der-man.

XXXVIII. And each of them the said A. B. and C. D., By tenant for severally, separate and apart from the other of them, doth life and remainhereby, for himself and herself respectively, and his and (Another form). 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.

life and rever

XXXIX. And the said A. B. doth hereby, for herself, By a tenant for her heirs, executors, and administrators, and as to and con

sioner severally. cerning 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., seve- By tenant for rally, separate and apart from the other of them, doth life, and tenant

in tail, where hereby, for himself, his heirs, executors, and administrators, the estate was and each of them, only as to and concerning and as far only tees for sale by as relates to the estate, right, and interest which he respec- act of parliatively 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.

ment.

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

(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.

and estate for and concerning only the said close and hereditaments called life in others; and by another &c., with the appurtenances, and the fee-simple and inherias to reversion tance thereof, and the estate and beneficial interest for the in same lands, expectant on life of the said A. B. in the messuages, lands, and hereditadeath, &c.

ments 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 XLII. And the said A. B. doth hereby, for himself, his lands are assigned, and heirs, executors, and administrators, covenant and agree with copyhold lands the said C. D. and E. F., their executors, administrators, covenanted to be surrendered, and assigns, as far as relates to or concerns the said mesin the same deed.

suages &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.

XLIV. And the said A. B. doth hereby, for himself, his By several perheirs, executors, and administrators, covenant, declare, and ferent estates 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 hereinbefore 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 hereinbefore 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.

XLV. Covenant, promise, and agree with and to the said For title to freeA. B., his heirs and assigns, by these presents in manner fol- holds, in releases lowing; that is to say, that for and notwithstanding any act, (In purchase

deeds). 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.

That vendor is

(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.

him, made, done, committed, or executed, or knowingly or willingly suffered to the contrary, (except as appears by these presents), he the said C. D. is, at the time of the sealing and delivery of these presents, lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, and every of them, and every part thereof, with their appurtenances, of a good, sure, sole, lawful, perfect, absolute, and indefeasible estate of inheritance in fee-simple, without any manner of condition, use, trust, property, power of revocation, equity of redemption, remainder or limitation of any use or uses, or other restraint, cause, matter, or thing whatsoever, to alter, change, charge, defeat, incumber, revoke, or make void the same; and that for and notwithstanding any such act, deed, matter, or thing as aforesaid, he the said C. D. now hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, release, and confirm the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, with the appartenances thereunto belonging, unto and to the use of the said A. B., his heirs and assigns, in manner afore

Has right to convey.

3rdly. Where an estate is sold by trustees, they are bound only 10 covenant that they themselves have done no act to incumber, and not for the title generally. But the persons entitled to receive the purchasemoney, unless such persons are creditors, (the estate being sold for the payment of debts), are bound, at least according to the practice of conveyancers, to covenant for the title as if they themselves were the rendors. For Form of lien of covenant in such case, vide art. xxii.

4thly. Where an estate is sold under a fiat of bankruptcy, the assignees (who are in fact trustees for the creditors) are bound only to covenant against incumbrances according to the foregoing rule. The bankrupt, however, is always made a party to the conveyance, (vide Vol. I. book ii. chap. i.), and usually covenants for the title. Sugd. Vend. & Pur. i. 531 -539.

With respect to the construction of covenants, the student is referred to the chapter on covenants in the second book of Vol. I. As to what covenants run with the land, vide Spencer's case, in Smith's Selection of Leading Cases, i. 27, with the editor's acute and learned commentary.

For Forms of defeazance to covenants for title in order to limit them, as to one of the parties, vide PRECEDENTS, tit. Auxiliary Instruments.

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