of old uses, and appoint ment to purchaser. G. H. for the sale to him of the said hereditaments intended to be hereby appointed, and the inheritance thereof in fee-simple in possession, free from incumbrances, at the price of £. Witnesseth. Now THIS INDENTURE WITNESSETH, that, for Revocation effectuating the said sale, and in consideration of the sum of £- to the said A. B. and C. D. this day paid by the said G. H., (the receipt whereof the said A. B. and C. D. do hereby acknowledge), and in exercise of the said power given them by the hereinbefore-recited indenture as aforesaid, and of every other power enabling them in this behalf, they the said A. B. and C. D., with the consent of the said E. F., do hereby revoke all the uses by the hereinbeforerecited indenture limited, so far as relates to the hereditaments intended to be hereby appointed, and do hereby direct, limit, and appoint (a), that [parcels-general words, supra, p. 96, omitting the estate clause] shall henceforth go, remain, and be TO THE USE of the said G. H., his heirs and Covenants by assigns (6). AND EACH of them the said A. B. and C. D., so far as relates to his own acts and deeds, doth hereby, for himself, his heirs, execu the donees of the power against incumbrances. (a) The words of the power are, as far as possible, to be used if no words are prescribed, (as where the power to revoke and appoint is implied only from the power to sell), the word "appoint" alone is the proper word. (b) If the conveyance is to be to uses to bar dower, see the form, supra, p. 99; and alter the covenants to correspond. (See supra, pp. 99, 100). the tenant for to convey; tors, and administrators, COVENANT with the said G. H., his heirs and assigns, that they the said A. B. and C. D. respectively have not made or done, or knowingly permitted or suffered, any thing whereby they are prevented from exercising in manner hereinbefore appearing the power herein before expressed to be exercised, or whereby the said premises hereinbefore expressed to be appointed, or any part thereof, are, is, or can be impeached, encumbered, or affected in title, or otherwise. AND THE SAID E. F., doth hereby, Covenants by for himself, his heirs, executors, and administrators, life for right covenant with the said G. H., his heirs and assigns, that, notwithstanding any thing by him the said E. F., or any of his ancestors, done, or knowingly permitted or suffered, the said A. B. and C. D. now have full power, with the consent of the said E. F., to direct, limit, and appoint the said premises to the use of the said G. H., his heirs and assigns, free from incumbrances (a); AND THAT and for furthe said A. B. and C. D., and all persons claiming ance. through them respectively, and he the said E. F., and all persons lawfully or equitably claiming through or in trust for him or any of his ancestors, will, at all times, 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 G. H., his heirs and assigns, as by him or ther assur (a) See supra, p. 97, n. (b). them shall be reasonably required. IN WIT NESS &C. THE SCHEDULE to which the above-written INDENTURE refers. Parties. Witnesseth. Consideration. Receipt. Covenant. Parcels. X. COVENANT to surrender COPYHOLDS to a PUR CHASER. THIS INDENTURE, made &C., BETWEEN of- well and effectually surrender into the to the custom thereof, ALL THOSE the and in delineated in the plan in the by vendor AND THE SAID A. B. doth Covenant and for right to D., convey, free incum from in margin of these presents, and specified in the schedule hereunder written, (all which and hereditaments are in the court-rolls of the said manor described as follows; (that is to say), [description from the rolls (a)-general words, supra, p. 97, without the" all the estate" clause]), TO THE USE of the said C. D., his heirs and assigns, according to the custom of the said manor, and by and under the accustomed rents, fines, heriots, suits, and services. hereby, for himself, his heirs, executors, administrators, COVENANT with the said C. his heirs and assigns, that, notwithstanding any thing by the said A. B., or any of his ancestors, done, or knowingly permitted or suffered, he the said A. B. now hath power to surrender the said premises to the use of the said C. D., his heirs and assigns, in manner aforesaid, free from incumbrances (b); AND THAT he the said and for furA. B. and his heirs, and all other persons law- ance. fully or equitably claiming through or in trust for him or any of his ancestors, 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 (a) It is hardly necessary to observe, that the description on the rolls is frequently incorrect; and that, therefore, in the deed of covenant, it is often requisite to give both the true and the manorial description. (b) See supra, p. 97, n. (b). ther assur 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. Recital of estate; XI. CONVEYANCE of a CONTINGENT ESTATE (a) in THIS INDENTURE, made &c., BETWEEN the - children of presumptively entitled in the death of the said his mother, is now reversion expectant on and, in the event of 9 in the county of his surviving her, to the inheritance, according to the custom of the manor of of one share of the copyhold heredita ments hereinafter mentioned, and will, in the event aforesaid, on the death of any one, or more, or all (a) See supra, p. 68. |