claim any estate, right, title, interest, inheritance, use, trust property, claim, and demand whatsoever, either at law or in protect the reversion and inheritance of the messuages, &c., FORMS OF Exas by the within written indenture were conveyed or agreed to be settled as aforesaid, from mesne charges and incumbrances." CEPTIONS. ance of cham 10. "Save and except the dues and other payments which In a conveybelong to the Honourable Society of Lincoln's Inn in re-bers in an inn of spect of the said chambers." court. of leaseholds. 11. "Save and except the rents, covenants, provisoes, In assignments conditions, and agreements reserved and contained in the said recited indentures of lease on the tenant's or lessee's part to be henceforth paid, done, observed, performed, fulfilled, and kept." 12. "Save and except such leases for twenty-one years, Leases. or any less number of years, as have been granted by the said A. B., of the said premises or any part thereof at full improved rents, reserved to be paid, and continuing payable yearly or oftener during the term or terms of the same leases respectively." Or, "Save and except such leases for terms of years not exceeding twenty-one years to any one person, as have been granted to the present tenant or occupier of the same premises respectively, or any part thereof, or to those under whom they claim, at rents amounting together to £ a year, reserved to be paid and continuing payable yearly, or oftener during the continuance of the estate granted by the same leases respectively." 13. "Save and except the leases and agreements for leases under which the said towns, lands, and hereditaments hereby released or otherwise assured, or intended so to be, or any part thereof, are held by the respective tenants or occupiers of the same hereditaments; yet so nevertheless, that nothing contained in these presents shall, without the express consent in writing of the said A. B., affirm or give effect, or in any manner be construed to affirm or give effect, to the same leases and agreements for leases at law or in equity, any further or otherwise than as such leases and Ꮓ Ꮓ 2 Leases and agreements for leases, but not to operate as a thereof. confirmation FORMS OF EX CEPTIONS. Estate for life, and lease of tenement for life. Estate for life in lands of devisee. Outstanding terms. Land-tax, leases, and outstanding terms. Attendant equity, of, in, to, from, or out of the said messuage, lands, and other hereditaments hereinbefore granted and released, agreements are valid, at law or in equity, at the time of the execution of these presents." Instead of this last provision, the following is sometimes introduced immediately after the covenants: "And it is hereby provided, declared, and agreed by and between the parties to these presents, that nothing hereinbefore contained is meant or intended to be a confirmation, either at law or in equity, of any lease or leases hereinbefore mentioned any further or otherwise than as the said A. B. is bound by the same lease or leases respectively." 14. "Save and except the estate therein for the life of the said C. D., and the lease granted by the said A. B., as far as the same lease is warranted by an estate for the life of the said C. D., but no further or otherwise." 15. "Save and except the estate for the life of the said C. D., of and in such and so many of the said lands and hereditaments as were devised to her as aforesaid, and the rents &c." 16. "Save and except such terms of years as are outstanding, to protect the freehold inheritance of the same premises from mesne incumbrances for the benefit of the said A. B., his heirs, appointees, and assigns." Or, "Save and except such terms for years, if any, as are outstanding, and in trustees to protect the reversion and inheritance of the said A. B. hereby released or otherwise assured or intended so to be, or any of them, as the same reversion and inheritance are hereby conveyed, settled, and assigned, or intended so to be." 17. "Save and except the land-tax, the leases of the present tenants or occupiers, and the terms, if any, outstanding, in trust for the said A. B., his heirs and assigns, to attend the inheritance." 18. "Save and except such term or terms of years, if any, terms, and land- in the said closes, &c. as is or are now vested in or shall forthwith be assigned to any person or persons, in trust to tax. or expressed and intended so to be, or any of them, or any part thereof, by, from, or under, or in trust for him the said C. D., or his heirs, or by, from, or under the said E. F. the testator, shall and will from time to time, and at all times hereafter upon every reasonable request to be made for that purpose, by, with, and at the proper costs, charges, and expenses in the law of the said A. B., his heirs or assigns, make, do, acknowledge, and execute, or cause and procure to be made, done, acknowledged, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devices, conveyances, and assurances (a) in the law whatsoever, for the further, better, more perfectly, and absolutely granting, conveying, and assuring of 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, unto and to the use of the said A. B., his heirs and assigns for ever, (subject as hereinbefore is mentioned), as by the said A. B., his heirs or assigns, or his or their counsel in the law, shall be reasonably (b) advised or devised and required. attend the freehold reversion and inheritance of the premises, as the same freehold reversion and inheritance are hereby released or otherwise assured, or intended so to be, and the land-tax now charged upon or payable in respect of the same premises, and which shall henceforth become due and payable for the same premises." As it is not unusual with some practitioners to except attendant as well as outstanding terms, which are, strictly speaking, legal incumbrances, I have introduced a Form for this purpose. The student must be apprised, however, that though the practice alluded to wants not the authority of great names in its support, it has been strongly condemned by Sir Edward Sugden, in his Treatise on Vend. & Pur. i. 469, where he observes that "this practice is very incorrect, for the term is a protection, and not an incumbrance; and the exception in the conveyance effectually defeats the advantages which might otherwise be derived from the term being assigned by a separate deed.” (a) Vide Coles v. Kinder, Cro. Jac. 571. (b) Vide More v. Roswell, Cro. Eliz. 298; Bennett's Cuse, Ib. 9. For title to freeholds in release to uses. (In purchase deeds). That vendor and his trustees are seised in fee. XLVI. Covenant, promise, and agree, with and to the said A. B. and his heirs, 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, or (a) any person claiming under him, made, done, committed, or executed, or knowingly or willingly suffered to the contrary, they the said C. D., G. H., and I. K. are, or some or one of them 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 messuage, lands, and other hereditaments herein before 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, 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, Have good right incumber, revoke, or make void the same; and that for and to convey. For quiet enjoyment. notwithstanding any such act, deed, matter, or thing as aforesaid, they the said C. D., G. H., and I. K. now have in themselves respectively 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 appurtenances to the uses hereinbefore expressed or declared of or concerning the same in manner aforesaid, and according to the true intent and meaning of these presents; and that the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, with their appurtenances, shall and may from time to time, and at all times hereafter, go and remain to the uses hereinbefore expressed or declared of and concerning the same, and be peaceably and quietly entered into and upon, held, used, occupied, possessed, or enjoyed, and the rents, issues, and profits thereof, and of every part thereof, had, received, (a) As to the persons against whose acts a vendor is bound to covenant, vide Tit. X. art. xlv. note. and taken accordingly, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, by him the said C. D. or his heirs, or of or by any other person or persons lawfully or equitably claiming, or to claim by, from, or under, or in trust for him, them, or any of them, or by, from, or under the said E. F. the testator; and that Free from infree and clear, and freely and clearly, and absolutely acquit- cumbrances. ted, exonerated, released, and for ever discharged; or otherwise by the said C. D., his heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales, leases, mortgages, jointures, dowers, right and title of dower, uses, trusts, entails, wills, statutes merchant or of the staple, recognizances, judgments, executions, rents, arrears of rent, annuities, legacies, sums of money, yearly payments, forfeitures, reentries, cause and causes of forfeiture and re-entry, debts of record, debts due to the Queen's Majesty, and of, from, and against all other estates, titles, troubles, charges, debts, and incumbrances whatsoever, either already had, made, executed, occasioned, or suffered, or hereafter to be had, made, executed, occasioned, or suffered, by the said C. D. or his heirs, or by any other person or persons lawfully or equitably claiming or to claim by, from, under, or in trust for him, them, or any of them, or by the said E. F. the testator, or any person claiming under him, (except &c. (a)); And fur- And for further ther that he the said C. D. and his heirs, and all and every other persons or person having or claiming, or who shall or may have or claim any estate, right, title, interest, inheritance, use, trust property, claim or demand whatsoever, either at law or in equity, of, into, from, or out of the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, or any of them, or any part thereof, by, from, or under or in trust for him the said C. D. or his heirs, or by, from, or under the said E. F. the testator, shall and will from time to time, and at all times hereafter, upon every reasonable request to be made for that purpose, by and with, and at the proper costs assurance. (a) For Forms of exceptions, vide Tit. X. art. xlv. note, pp. 705-709. |