W. Evans, as the protector of the settlement made by the said recited
will, has refused to consent to the disposition of the said hereditaments
by the said E. Evans, but the said [purchaser] has consented to
accept in the first instance a conveyance from him without such
consent, on his entering into such covenant for completing the title
of the said [purchaser] to the fee simple absolute in the same here-
ditaments as is hereinafter contained: Now THIS INDENTURE WIT-
NESSETH, that for carrying the aforesaid sale and agreement into
effect, and in consideration of the sum of 1,000l. of lawful money of
Great Britain to the said E. Evans in hand paid by the said [pur-
chaser] at or before the sealing and delivery of these presents, in full for
the absolute purchase of the fee simple and inheritance of the here-
ditaments expressed to be hereby bargained and sold, subject only to
the estate for life of the said W. Evans therein, but free from all other
incumbrances, the receipt of which said sum of 1,000l. the said E.
Evans doth hereby admit and acknowledge, and from the same and
every part thereof doth acquit, release, and for ever discharge the said
[purchaser], his heirs, executors, administrators, and assigns, and
every of them, by these presents, and in order to defeat the estate tail
of the said E. Evans under the said recited will in the same heredita-
ments, and to convey a base fee therein in remainder immediately ex-
pectant upon the decease of the said W. Evans unto the said [pur-
chaser], his heirs and assigns, He, the said E. Evans, doth by these
presents grant, bargain, sell, dispose of, and confirm unto the said
[purchaser] and his heirs, All [parcels, general words, remainder, §e.
all the estate, &c. ante, pp. 711, 712]: TO HAVE AND TO HOLD the said
messuage, lands, hereditaments, and all and singular other the premises
expressed to be hereby bargained and sold, with their and every of
their appurtenances, unto and to the use of the said [purchaser], his
heirs and assigns, subject to the estate for life of the said W. Evans,
and the remainders, estates, rights, interests and powers to take effect
after the determination, or in defeasance of the base fee into which
the estate tail of the said E. Evans is converted by these presents,
[if the vendor has the ultimate remainder or reversion, add these
words, "except the ultimate remainder or reversion so limited to or
vested in the said [vendor], his heirs and assigns, as aforesaid."] AND
the said E. Evans for himself, his heirs, executors and administrators,
doth hereby covenant with the said [purchaser], his heirs and assigns,
in following manner; (that is to say,) that notwithstanding any act
or deed by him the said E. Evans or the said [the testator] committed
or executed to the contrary, he the said E. Evans, at the time of
the execution of these presents, is lawfully and absolutely seised of
and in, or well and sufficiently entitled to the said messuage, lands, and
other hereditaments hereinbefore expressed to be hereby bargained
and sold, and every part thereof, with their appurtenances, for a good
and sole estate of inheritance in tail general in remainder immediately

to sales by auction, (Shelley v. Nash, 3 Madd. 232,) nor to the sale by a father, tenant for life, and his son, tenant in tail in remainder, who form a vendor with a present interest, and meet a purchaser with the same advantages as if a single person had the whole power over the estate. (Wood v. Abrey, 3 Madd. 417; see Fox v. Wright, 6 Madd. 111; Marsack v. Reeves, 6 Madd. 109; Wethered v. Wethered, 2 Sim. 183; Harwood v. Tooke, Id. 192; Earl Portmore v. Taylor, 4 Sim. 182; King v. Hamlet, Id. 228; 2 My. & K. 456; Wardle v. Carter, 7 Sim. 490; Sugd. V. & P. 314-324, 11th ed.; Earl of Aldborough v. Trye, 1 West, 221; 7 Cl. & Fin. 436.)

expectant upon the decease of the said W. Evans, with such remainders over as aforesaid. AND that notwithstanding any such act or deed as aforesaid, he the said E. Evans now hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, dispose of, and confirm the messuage, lands and other hereditaments hereinbefore expressed to be hereby bargained and sold, with the appurtenances thereunto belonging, unto the said [purchaser], his heirs and assigns, in manner aforesaid, according to the true intent and meaning of these presents: and that it shall be lawful for the said [purchaser], his heirs and assigns, immediately from and after the determination of the estate for life of the said W. Evans, and from time to time and at all times thereafter, peaceably and quietly to enter into and upon, and to hold, occupy, possess, and enjoy the said messuage, lands and other hereditaments herein before expressed to be hereby bargained and sold, with their appurtenances, and to have, receive and take the rents, issues and profits thereof, and of every part thereof, for his and their own use and benefit, without any let, suit, trouble, denial, eviction, interruption, claim or demand whatsoever of or by him the said E. Evans, his heirs or issue in tail, 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 [the testator].

AND that freely, clearly, and absolutely acquitted, released, and for Free from incumever discharged or otherwise by the said E. Evans, his heirs, executors brances. or administrators, well and sufficiently kept harmless and indemnified from and against all former and other gifts, grants, bargains, sales, estates, troubles, charges and incumbrances whatsoever, either already or hereafter to be made, executed, occasioned or suffered by the said E. Evans, or his heirs or issue in tail, or by any 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 the said [the testator] or any person claiming under him, except in respect of the estate for

life of the said W. Evans. AND FURTHER, that the said E. Evans, For further ashis heirs and issue in tail, and all and every other person and per- surance. sons having or claiming, or who shall or may have or claim any estate, right, title, interest, inheritance, use, trust or property, either at law or in equity, of, in, to or out of the said messuage, lands and other hereditaments hereinbefore expressed to be hereby bargained and sold, or any of them, or any part thereof, by, from, or under or in trust for the said E. Evans, his heirs, or issue iu tail, or any of them, or by, from, or under the said [the testator], (except the said W. Evans or his assigns, in respect only of his estate for life, and as protector of the settlement made by the said recited will,) shall and will, from time to time and at all times hereafter, upon every reasonable request, and at the proper costs and charges in the law of the said [purchaser], 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 in the law whatsoever, for the further, better, more perfectly and absolutely granting, releasing, conveying, confirming or otherwise assuring the said messuage, lands and other hereditaments herein before expressed to be hereby bargained and sold, and every part thereof, with their appurtenances, unto and to the use of the said purchaser], his heirs and assigns, or otherwise, as he or they shall direct or appoint, as by the said [purchaser], his heirs or assigns, or his or their counsel in the law, shall be reasonably devised or advised and required, and as shall be tendered to be done and executed. AND MOREOVER, that the said E. Evans, and every other Covenant to perperson lawfully claiming by, from, or under him, shall and will, imme- fect the title.

diately after the decease of the said W. Evans, or as soon as circumstances will permit, and the said E. Evans shall be able and competent so to do, at the costs and charges of the said E. Evans, his executors or administrators, make, do and execute all such acts, deeds, conveyances and assurances as shall be necessary, and as the said [purchaser], his heirs and assigns, or his or their counsel in the law, shall reasonably advise or require, for effectually barring, discharging and defeating all remainders, reversions, estates, rights, interests and powers, to take effect under and by virtue of the said recited will after the determination or in defeasance of the base fee of the said [purchaser], his heirs and assigns, or the estate tail of the said E. Evans in the said messuage, lands and hereditaments hereinbefore expressed to be hereby bargained and sold, and for enlarging the base fee of the said [purchaser], his heirs or assigns, in the same hereditaments, into a fee simple absolute, and for perfecting his or their title to the same: AND that in case the said E. Evans shall happen to depart this life before such acts, deeds, conveyances and assurances as last aforesaid shall be made and perfected, then and in such case the executors or administrators of the said E. Evans shall and will, at their own costs and charges, cause or procure the issue (b) in tail of the said E. Evans, or other the person or persons who shall be entitled in remainder or reversion immediately expectant upon the determination of the base fee hereby created or intended so to be, when and so soon as circumstances will permit, in like manner to make, do and execute all such acts, deeds, conveyances and assurances as shall be necessary, and as the said [purchaser], his heirs or assigns, or his or their counsel in the law, shall reasonably advise or require, for effectually barring, discharging and defeating all remainders, reversions, estates, rights, interests and powers, to take effect under and by virtue of the said recited will, after the determination or in defeasance of the base fee of the said [purchaser], his heirs and assigns in the said hereditaments, and for enlarging such base fee of the said [purchaser], his heirs and assigns into a fee simple absolute, and for perfecting his or their title to the same, or for conveying and assuring the remainder or reversion in the said hereditaments expectant upon the base fee, into which the estate tail of the said E. Evans is intended to be converted by these presents, unto and to the use of the said [purchaser], his heirs and assigns; but it is hereby agreed and declared, that no further or other consideration shall be payable by the said [purchaser], his heirs or assigns, in respect of any estate or interest to be conveyed and assured in pursuance of the covenant lastly hereinbefore contained: IN WITNESS, &c.

(b) It is to be observed, that a covenant of this kind will not bind the issue in tail, (see ante, s. 40, p. 363, n. (i),) nor those in remainder; and in case of their refusal to perform it, the only remedy of the purchaser will be an action on the covenant against the representatives of the vendor. It is advisable, when practicable, to obtain a demise from the vendor of another estate to a trustee upon trust to raise the purchase-money for the benefit of the purchaser, in the event of his title not being perfected within a limited time.

No. V.

CONVEYANCE by Bargain and Sale (to be inrolled in Chancery) by
Indorsement on last Deed, for completing the Title of a Purchaser
entitled to a Base Fee under the Assurance of a Tenant in Tail in
Remainder.

THIS INDENTURE, made the day of

in the year of our

Lord 18-, between the within-named E. Evans, of the one part, and the within-named [purchaser], of the other part: WHEREAS (c) the RECITALS. within-named W. Evans, the protector of the settlement made by the Death of prowill recited in the within-written indenture, departed this life on or tector. about the day of now last past: AND WHEREAS the said Agreement to perE. Evans has agreed specifically to perform the covenant contained in form covenant. the within-written indenture for completing the title of the said [purchaser] to the messuages, lands and hereditaments, by the same inden

ture expressed to be bargained and sold: NOW THEREFORE THIS TESTATUM. INDENTURE WITNESSETH, that in pursuance and performance of the Tenant in tail said covenant, and in consideration of the sum of 10s. of lawful bargains and sells to purchaser. money of Great Britain to the said E. Evans paid by the said [purchaser] immediately before the execution of these presents, the receipt whereof is hereby acknowledged, and in order to defeat all remainders, reversions, estates, rights, interests and powers, to take effect after the determination or in defeasance of the base fee, into which the estate tail of the said E. Evans was converted by the operation of the within-written indenture, and in order to enlarge the base fee of the said [purchaser] in the hereditaments by the within-written indenture expressed to be bargained and sold, into a fee simple absolute, and to perfect the title of the said [purchaser] to the same, he the said E. Evans doth by these presents grant, bargain, sell and confirm unto the said [purchaser], his heirs and assigns, the messuage, lands, hereditaments, and all and singular other the premises by the withinwritten indenture expressed to be bargained and sold, with their and every of their rights, members and appurtenances, and the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits of the same hereditaments and premises, and every part thereof, and all the estate, right, title, interest, use, trust, property, claim, and demand whatsoever of the said E. Evans in, to, or out of the same hereditaments and premises, and every part thereof: TO HAVE AND TO HOLD the said messuage, lands, hereditaments, and all and singular other the premises herein before expressed to be hereby bargained and sold, with their and every of their appurtenances, unto and to the use of the said [purchaser], his heirs and assigns for ever:

And the said E. Evans doth hereby for himself, his heirs, executors Covenant against and administrators, covenant and declare with and to the said [pur- incumbrances. chaser], his heirs and assigns, that he the said E. Evans hath not at any time heretofore made, done, committed or executed, or been party or privy to any act, deed, matter or thing whatsoever, whereby or by reason or means whereof the said messuage, lands, hereditaments and premises herein before expressed to be hereby bargained and sold, or any of them, or any part thereof, are, is, can, shall or may be conveyed, assured, impeached, charged or incumbered in title, estate, or otherwise howsoever (save and except by the within-written indenture and these presents). IN WITNESS, &c.

(c) Where this conveyance is not made by indorsement, the last deed should be recited as well as the instrument creating the entail to be barred.

Agreement of pro

tector to consent

to disposition by tenant in tail.

No. VI.

CONSENT of the Protector of a Settlement to an absolute Disposition by a Tenant in Tail in Remainder. (See ante, ss. 42, 43, p. 366.)

TO ALL TO WHOM THESE PRESENTS SHALL COME, D. Dunn, ofCreation of entail. esq. [the protector], sends greeting: WHEREAS by indentures of lease and release, bearing date respectively on or about the 9th and 10th days of March, 18-, the release being made or expressed to be made between [names of parties], divers messuages, farms, lands and bereditaments in the several parishes of A., B. and C., in the county of York, in the said indentures particularly mentioned and described, with their appurtenances, were duly conveyed and assured, [to the use of D. Dunn for life, with remainder to his first and other sons in tail with divers remainders over]: AND WHEREAS Edward Dunn, of &c. esq. is the eldest son and heir of the body of the said D. Dunn, and under and by virtue of the limitations contained in the said recited indenture of release is entitled to an estate tail in remainder immediately expectant on the decease of the said D. Duun of and in the messuages, farms, lands and hereditaments comprised in the said recited indentures: AND WHEREAS, in order to enable the said E. Dunn to defeat all remainders, reversions, estates, rights, interests and powers, to take effect after the determination or in defeasance of the estate tail of the said E. Dunn, of and in the messuages, farms, lands and hereditaments comprised in the said recited indentures, the said D. Dunn, as the protector of the settlement made by the same indentures, has consented and agreed (at the request of the said E. Dunn) to give his unqualified consent and approbation, according to the directions for that purpose contained in an act of parliament made and passed in the session of parliament held in the third and fourth years of the reign of his majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," to any disposition, conveyance, or assurance hereafter to be made and executed by the said E. Dunn, of and concerning the said messuages, farms, lands and hereditaments in manner hereinafter expressed: Now THESE PRESENTS WITNESS, that in pursuance and performance of said recited agreement, he the said D. Dunn doth by these presents give and grant his absolute and unqualified consent and approbation to any conveyance, assurance and disposition, which shall be made and executed by the said E. Dunn, either on the day of the date and execution of these presents, or at any time thereafter, of and concerning all or any part or parts of the messuages, farms, lands, tenements, and hereditaments comprised in and conveyed and assured by the herein before-recited indentures of lease and release, with their and every of their appurtenances (d); subject nevertheless and without prejudice to the estate for life of the said D. Dunn, of and in the same hereditaments, and all powers, privileges and exemptions (except the power of consenting as protector), annexed or incident to such estate. IN WITNESS, &c. (e).

TESTATUM.

Protector con

sents to absolute disposition by te

nant in tail.

(d) Where the consent is intended to be confined to part of the property comprised in the settlement, there must necessarily be a description of the parcels, to the disposition whereof the consent is to apply.

(e) This deed must be inrolled in Chancery at or before the time of the inrolment of the deed of disposition by the tenant in tail. (Ante, s. 46, p. 366.)