V

VII. Of devises of copyholds.

1. What would have constituted a valid will of copyholds.

2. Operation of surrender to the use of will.

3. When equity would have supplied a surrender.

4. Operation of statute 55 Geo. 3, c. 192, on wills of copyholds.

5. Alterations effected by recent enactments.

VIII. Ancient demesne.

IX. Customary lands of the ancient duchy of Cornwall.

CHAP. IX.

ON INCUMBRANCES.

I. Of the various kind of incumbrances.

1. Incumbrances which are matters of title.

2. Incumbrances which are matters of conveyance only.

II. Of protection against prior and intermediate estates and incumbran

1. Protection at law.

2. Protection in equity.

3. Of notice.

CHAP. X.

INTERMEDIATE PROCEEDINGS FROM THE PERUSAL OF THE ABSTR

TO THE COMPLETION OF THE PURCHASE.

I. Of clearing up and perfecting the title.

II. Of the search for incumbrances.

III. Of indemnity against incumbrances.

CHAP. XI.

INDEMNITY BY INSURANCE OF TITLE.

CHAP. XII.

OF THE PURCHASE DEEDS.

I. General practical observations.

Of the various modes of conveyance.

IL Practical directions for preparing the conveyance.

1. Of the date.

2. Parties.

3. Recitals.

4. Testatum and granting clause.

5. Parcels and general words.

6. Exceptions.

7. Habendum.

8. Limitation of uses.

9. Covenants.

III. Assurances of copyholds.

IV. Assignments of leaseholds.

V. How mixed assurances should be made.

VI. How the assurance should be prepared where a mortgage and pur-

chase are contained in the same instrument.

VII. Comparative table of old and new stamp duties on conveyances, leases.

bonds, mortgages, warrants of attorney, and settlements

ADDENDA.

THE LEASES AMENDMENT ACT (12 VICT. c. 17.)

THE TRUSTEE ACT (13 & 14 VICT. c. 60.)

APPENDIX.

PRECEDENTS OF FORMS OF PURCHASE-DEEDS.

No. I.

Conveyance by appointment, grant and release to uses to bar dower

1. Parties.

2. Recital of conveyance to vendor.

3. Of contract to purchase.

4. Testatum by which vendor appoints.

5. Further testatum by which vendor grants and releases.

6. Habendum to dower uses.

7. Declaration to debar purchaser's widow from dower.

8. Covenants from vendor, for title.

9. For quiet enjoyment.

10. Freedom from incumbrances.

11. For further assurance.

No. II.

Appointment to a purchaser to dower uses, with usual covenants and ti

1. Parties.

2. Testatum, vendor appoints.

3. Declaration of dower uses.

4. Covenants from vendor for title, that power is still subsisting.

5. That vendor has good right to appoint.

6. For quiet enjoyment and freedom from incumbrances.

7. For further assurance.

No. III.

Conveyance by grant and release to a purchaser in fee, with the usun
covenants for title.

1. Parties.

2. Testatum by which vendor grants and releases.

3. Habendum to purchaser in fee.

4. Declaration to debar widow of dower.

5. Covenant from vendor that he has good right to convey.

6. For quiet enjoyment, and freedom from incumbrances.

7. For further assurance.

No. IV.

Conveyance by a vendor (mortgagor), and his mortgagee, to a purchaser;
the former conveying the fee, and the latter surrendering a term of years
rested in him under the mortgage-deed.

1. Parties.

2. Recital of mortgage by demise.

3. That principal is still due, but that all interest has been paid.

4. Of contract to purchase.

5. Testatum.

6. Habendum to purchaser in fee.

7. Covenant from mortgagee that he has done no act to incumber.

No. V.

Conveyance of an equity of redemption, the purchaser covenanting to

indemnify the vendor from the mortgage.

1. Parties.

2. Recital of mortgage in fee.

3. That principal is still due, but that all interest has been paid.

4. Of contract to purchase.

5. Testatum.

6. Habendum to purchaser in fee subject to mortgage.

7. Usual covenants from vendor that he has good right to convey.

8. For quiet enjoyment.

9. Freedom from incumbrance.

10. For further assurance.

11. Covenant from purchaser to discharge the mortgage.

12. To indemnify vendor from mortgage.

13. Declaration that mortgage shall be deemed the debt of the purchased

premises.

No. VI.

Va

Conveyance by mortgagor and mortgagee to a purchaser in fee, the
gagor entering into the usual qualified covenants for title.
where the original mortgage is for a term.

1. Parties.

2. Recital of mortgage.

3. That principal is still due, but that all interest has been paid.

4. Of contract to sell.

5. Testatum.

6. Habendum to dower uses.

7. Declaration to debar widow of dower.

8. Covenant from mortgagor that he has done no act to incumber.

9. Covenant from mortgagor that he has good right to convey.

10. For quiet enjoyment, and freedom from incumbrances.

11. For further assurance.

No. VII.

Conveyance and mortgage by the same instrument where part of

purchase-money is to remain on mortgage.

1. Parties.

2. Recital of intended purchase, and of agreement that part of pur

money is to remain on mortgage.

3. Testatum.

4. Habendum to purchaser, to the use of vendor.

5. Proviso for redemption and reconveyance on payment of principa

interest.

6. Power of sale.

7. Proviso that power of sale shall not debar vendor from his remed

foreclosure.

8. That purchaser shall enjoy until default.

9. That vendor will not exercise power of sale without giving six m

previous notice.

10. Covenants from purchaser to pay mortgage-money and interest,

the meantime to pay interest half-yearly, with general covenan

title.

11. Proviso, that if power of sale shall be exercised, purchaser, on co

ring in conveyance, and entering into usual qualified covenants,

released from absolute covenants previously entered into.

No. VIII.

Conveyance in fee of the equity of redemption from mortgagor to

mortgagee, to uses to bar dower.

1. Parties.

2. Recital of mortgage by appointment.