the said C. D. doth hereby grant and confirm unto the said E. F. and his heirs, [parcels-general words, supra, p. 96], TO HOLD the said premises Habendum. UNTO the said E. F., his heirs and assigns, TO THE USE of the said E. F., his heirs and assigns, discharged from the said sum of £—, and all interest for the same, and all claims under or by virtue of the said indenture of the

day of AND IT IS HEREBY DECLARED, that no

widow of the said E. F. shall be entitled to dower

mortgagee

cumbrances.

out of the said premises. AND THE SAID A. B. Covenant by doth hereby, for himself, his heirs, executors, and against inadministrators, COVENANT with the said E. F., his heirs and assigns, that he the said A. B. hath not done, or knowingly permitted or suffered, any thing whereby the said premises, or any part thereof, are, is, or can be impeached, encumbered, or affected in title or otherwise. [Mortgagor's covenants for right to convey, and for further assurance, as in Precedent III. (supra, p. 97), except that the first covenant will be, “that they the said A. B. and C. D. now have power to grant," &c.] IN WITNESS &c.

THE SCHEDULE to which the above-written INDENTURE refers.

Parties.

Recital of mortgage;

VIII.

CONVEYANCE by the HEIRS and EXECUTORS of a MORTGAGEE on a SALE under a POWER of SALE.

THIS INDENTURE, made &c., BETWEEN &c. [heir-at-law of mortgagee], of the first part; C. D., of &c., and E. F., of &c., [executors of mortgagee and vendors], of the second part; and G. H., of &c. [purchaser], of the third part. WHEREAS &c., [recital of the mortgage, ut supra, p. 107. Recite, also, the power to sell, the proviso that the receipt of the mortgagee should be a discharge, and the clause exempting the purchaser from seeing to the events having happened on which the power arises, literally, or proceed thus:-" AND it was by the said indenture provided, that it should be lawful for the said [mortgagee], his executors, administrators, or assigns, in certain events, to sell and dispose of the said hereditaments, and that, on a sale by the executors or administrators of the said [mortgagee], the heirs of the said [mortgagee] should convey the legal estate as the said executors or administrators should direct, and that the receipt of the said [mortgagee], his executors or administrators, should be a sufficient discharge to the purchaser, and that the sale should be good as to a pur chaser, whether the events had or had not hap

death ofmort

gagee;

pened on which the power of sale was to arise, and notwithstanding any impropriety or irregularity in the sale."] AND WHEREAS the said of will and [mortgagee] duly made and signed his last will, dated the day of, and thereby appointed the said C. D. and E. F. executors thereof, but did not thereby devise the legal estate in the said hereditaments, and died leaving the said A. B. his heir-at-law, and without having revoked or altered his said will, and the same was proved by the said C. D. and E. F. in the

on the

court of
WHEREAS the said C. D.

day of

for sale.

AND of contract and E. F., in exercise of the said power of sale, have contracted with the said G. H. 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 £—. Now THIS INDENTURE Witnesseth. WITNESSETH, that, for effectuating the said sale, and in consideration of the sum of £- to the said C. D. and E. F. this day paid by the said G. H., (the receipt whereof the said C. D. and E. F. do hereby acknowledge), he the said A. B., by the direction of the said C. D. and E. F., doth hereby grant, and they the said C. D. and E. F. do hereby release unto the said G. H. and his heirs, [parcels,-general words, supra, p. 96], TO HOLD the said premises UNTO the said G. H., his heirs and assigns, TO THE USE of the said G. H., his heirs and assigns, discharged from the said sum of £- and all interest for the same,

Habendum.

Covenant against in

and all equity of redemption, and all claims under or by virtue of the said indenture of the

of

day

AND EACH of them the said A. B., cumbrances. C. D., and E. F., so far as relates to his own acts and deeds, doth hereby, for himself, his heirs, executors, and administrators, COVENANT with the said G. H., his heirs and assigns, that they the said A. B., C. D., and E. F., respectively, have not done, or knowingly permitted or suffered, any thing whereby the said premises, or any part thereof, can be impeached, encumbered, or affected in title, or otherwise. IN WITNESS &c.

THE SCHEDULE to which the above-written INDENTURE refers.

Parties.

IX.

CONVEYANCE under a POWER of SALE in a SET

TLEMENT.

THIS INDENTURE, made &c., BETWEEN A. B., of &c., and C. D., of &c. [the vendors, the donees of the power of sale], of the first part; E. F., of &c. [tenant for life, whose consent is required to the exercise of the power of sale], of the second part; and G. H., of &c. [purchaser] (a), of the

(a) See supra, p. 96, n. (a).

third part.
the day of
between [parties], (being a settlement made in
consideration of the marriage then intended and
shortly afterwards solemnised between the said

WHEREAS, by an indenture dated Recital of the
and expressed to be made

settlement;

and), divers hereditaments, including the hereditaments intended to be hereby appointed, were limited to certain uses; and by the said indenture it was provided, that, [recite literally the power to sell, to revoke the old and appoint new uses, and to give receipts to purchasers, or proceed thus:] it should be lawful for the said A. B. and C. D., with the consent of the said E. F., to be testified by a writing under his hand and seal, to sell the said hereditaments thereby limited, or any of them, and, for the purpose of effectuating such sale with the consent aforesaid, to revoke the uses thereby declared of the hereditaments so sold, and to appoint the same to the purchasers, or as they should direct; and it was thereby also declared, that the receipts of the said A. B. and C. D. for the purchase-money should be sufficient discharges to purchasers (a). AND --of the conWHEREAS the said A. B. and C. D., in exercise of the said power of sale, and with the consent of the said E. F. (b), have contracted with the said

(a) Of course this recital will be varied according to the terms of the power; or the deed may be framed without recitals, like Precedent V., supra, p. 101.

(6) It is usual to express the manner of testifying con. sent; but, as this is of no real use, it is omitted.

tract for sale.