-for further assurance.

full power to appoint and grant the said premises to the use of the said C. D., his heirs and assigns, free from incumbrance; AND THAT he the said A. B. and his heirs, and all other persons lawfully or equitably claiming through or in trust for him, will, at all times, at the cost of the said C. D., his heirs or assigns, do and execute all such acts and assurances, for further or better assuring all or any of the said premises to the use of the said C. D., his heirs and assigns, as by him or them shall be reasonably required. IN WITNESS &c.

THE SCHEDULE to which the above-written INDENTURE refers.

Parties.

VI.

CONVEYANCE by APPOINTMENT, and GRANT to
USES to bar DowER.

THIS INDENTURE, made &c., BETWEEN A.B., of &c., [vendor], of the first part; C. D., of &c., [purchaser], of the second part; and E. F., of &c., Witnesseth. [trustee], of the third part, WITNESSETH, that, in consideration of the sum of £- —to the said A. B. this day paid by the said C. D. for the purchase of the hereditaments intended to be hereby appointed and granted, (the receipt whereof the said A. B.

Consideration.

Receipt.

doth hereby acknowledge), he the said A. B., in exercise of a power given him by an indenture

dated the

day of and expressed to be

made between [parties], and of every other power enabling him in this behalf, doth hereby direct, limit, and appoint, that ALL THOSE the

and Appointment.

hereditaments hereinafter mentioned, and intended to be hereby granted, with the appurtenances, as hereinafter mentioned, shall henceforth go and re

secondly.

to such uses

main to the uses hereinafter limited. AND THIS Witnesseth INDENTURE ALSO WITNESSETH, that, for the con- Grant. sideration aforesaid, he the said A. B. doth hereby grant unto the said C. D. and his heirs [parcels— general words, supra, p. 96], тO HOLD the said Habendum. premises unto the said C. D. and his heirs, TO THE USES hereinafter limited. AND IT IS HEREBY Limitation AGREED AND DECLARED, that the direction, limi- as purchaser shall appoint. tation, and appointment, and the grant hereinbefore contained, shall respectively operate and enure TO SUCH USES, for such estates, and in such manner as the said C. D. shall by any deed or deeds appoint. AND IN DEFAULT of and until such In default, to appointment, and so far as no such appointment life;" shall extend, TO THE USE of the said C. D. and his assigns during his life, without impeachment of waste; AND AFTER the determination of that estate

by any means in his lifetime, TO THE USE of the

said E. F. and his heirs during the life of the said

purchaser for

to trustee during life of pur

chaser, in

trust for him;

in fee.

C. D., in trust for him and his assigns; AND to purchaser
AFTER the determination of that estate, TO THE
USE of the said C. D., his heirs and assigns, for

Declaration by purchaser to bar his widow of dower. Covenants for title;

assurance.

ever.

AND IT IS HEREBY DECLARED, that no widow of the said C. D. shall be entitled to dower

out of the said premises. AND the said A. B. doth hereby, for himself, his heirs and assigns, covenant with the said C. D., his heirs and assigns, that, notwithstanding any thing by the said A. B. done, or knowingly permitted or suffered, he the said A. B. now hath power to appoint and grant the said premises to the uses and in manner afore-for further said, free from incumbrance. AND THAT the said A. B. and his heirs, and all other persons lawfully or equitably claiming through or in trust for him, will, at all times, at the cost of the said C. D., his heirs, appointees, or assigns, do and execute all such acts and assurances for further or better assuring all or any of the said premises to the uses and in manner aforesaid, as by the said C. D., his heirs, appointees, or assigns, shall be reasonably required. IN WITNESS &c.

THE SCHEDULE to which the above-written INDENTURE refers.

VII.

mortgage.

CONVEYANCE by MORTGAGOR and MORTGAGEE. THIS INDENTURE, made &c., BETWEEN A. B., Parties. of &c. [mortgagee], of the first part; C. D., of &c. [mortgagor and vendor], a widower (a), of the second part; and E. F., of &c., a bachelor (6) [purchaser], of the third part. WHEREAS, by an Recital of indenture dated the day of (c), and expressed to be made between the said C. D., of the one part, and the said A. B., of the other part, in consideration of the sum of £- by the said A. B. paid to the said C. D., the said C. D. did release unto the said A. B., his heirs and assigns, the hereditaments intended to be hereby granted, To hold the same unto and to the use of the said A. B., his heirs and assigns, subject to a proviso

(a) If the vendor be a widower or bachelor, or has been married since the 1st of January, 1834, the fact may properly be stated to avoid the question being raised on a subsequent investigation of the title. In the case in the text the right of dower, if it had existed at all, must of course have existed before the date of the mortgage which placed the legal estate in the mortgagee.

(b) See supra, p. 96, n. (a). If it is desired to convey to uses to bar dower, this Precedent may be varied by a reference to Precedent IV., supra, p. 98.

(c) See supra, p. 101, n. (a).

in the indenture now in recital contained for redemption of the same premises on payment by the said C. D., his heirs, executors, administrators, or assigns, unto the said A. B., his executors, administrators, or assigns, of the sum of £with interest for the same after the rate and at Contract for the time therein mentioned. AND WHEREAS the said C. D. has contracted with the said E. F. for the sale to him of the said hereditaments, and the inheritance thereof in fee-simple in possession, free from incumbrances, at the price of £- AND

sale.

That mortgage-money is still due,

paid off out

of purchase

money.

Consideration.

WHEREAS the said sum of £

is now owing to

the said A. B., but all interest for the same has

and is to be been paid up to the date of these presents. AND WHEREAS it has been agreed that the said sum of £- shall be paid off out of the said purchasemoney of £, and that the said A. B. shall join in these presents in manner hereinafter apWitnesseth. pearing. Now THIS INDENTURE WITNESSETH, that, in pursuance of the said contract and agreement, and in consideration of the sum of £to the said A. B. this day paid by the said E. F. at the request of the said C. D., (the receipt whereof the said A. B. doth hereby acknowledge), and in consideration of the sum of £- to the said C. D. this day paid by the said E. F., (the payment and receipt respectively of which said sums of £ and £. making together the said purchase-money of £, the said C. D. doth hereby acknowledge), he the said A. B., by the direction of the said C. D., doth hereby grant, and he

Receipt,

Operative words.