OF BANK

RUPT.

assignees,

and receipt of which said several sums of £250 and £250 in FREEHOLDS manner aforesaid, making together the purchase money or sum of £500, they the said A. B., C. D. and E. F., and the said G. H., do hereby respectively admit and acknowledge, and of and from the same, and every part thereof, do, and each and every of them doth, acquit, release and discharge the said M. N., his heirs, executors, administrators and assigns for ever by these presents, he the said O. P., at the request and by the Mortgagee, direction of the said A. B., C. D., E. F. and G. H. testified as and bankaforesaid; and the said A. B., C. D., E. F. and G. H. by these rupt convey. presents do, and each and every of them doth, grant, release and convey, and the said G. H. (at the request and by the direction of the said A. B., C. D. and E. F., testified as aforesaid) by these presents doth grant, release, convey and confirm unto the said M. N., his heirs and assigns, ALL, &c. [parcels, general words, all the estate, &c.] To HAVE Parcels. AND TO HOLD the said pieces or parcels of land, hereditaments, To purchaser and all and singular other the premises hereby assured or expressed, and intended so to be, unto the said M. N., his heirs and assigns, To THE USE of the said M. N., his heirs and assigns, absolutely freed and discharged of and from the said. recited indenture of mortgage of the -, and of and from the said sum of 2501. thereby secured, and all interest in respect thereof, AND IT IS hereby declared by the said M. N. that his widow shall not be entitled to dower out of the premises. AND EACH of them the said O. P., A. B., C. D. Covenants and E. F., so far as relates to his own acts and deeds, but gagee and not further or otherwise, doth hereby for himself, his heirs, against inexecutors and administrators, covenant with the said M. N., his heirs and assigns, that they the said O. P., A. B., C. D. and E. F. [covenant against incumbrances, see supra, p. 114], [covenant by bankrupt for right to convey, quiet enjoyment, freedom from incumbrances, and further assurance, see supra, p.86]. IN WITNESS, &c.

114

day of

in fee.

by mortassignees

cumbrances.

LEASEHOLDS OF A BANKRUPT.

Parties.

lease.

in bankruptcy.

sale by cre

No. XXIII.

ASSIGNMENT of LEASEHOLDS by the ASSIGNEES of a
BANKRUPT.

THIS INDENTURE, made the

day of

day of

day of

BETWEEN A. B. of, &c. and C. D., of &c. [assignees of the estate of O. P. of &c., under a petition for adjudication in the Court of Bankruptcy] of the first part, E. F., of &c. [official assignee under the said petition] of the second part, and G. H., of &c. [purIndenture of chaser], of the third part. WHEREAS by an indenture [recite lease of the premises to O. P. for a term of forty years at a rent adjudication of 50l. per annum.] AND WHEREAS, under and by virtue of a petition for adjudication of bankruptcy filed in the Court of Bankruptcy on the he the said O. P. was } declared a bankrupt, and the said E. F. was, on or about the day of, duly appointed official assignee, and the said A. B. and C. D. were, on or about the duly chosen creditors' assignees of the estate and effects of the said Contract for bankrupt. AND WHEREAS the said A. B. and C. D., as such ditor's assig- assignees as aforesaid, have contracted and agreed with the said G. H. for the absolute sale to him of all and singular the premises comprised in the said recited indenture of lease, for the residue of the said term of forty years, hereby granted at Witnessing or for the price or sum of £: NOW THIS INDENTURE WITNESSETH, that in pursuance of the aforesaid agreement, and in consideration of the sum of £- to the said E. F. paid, by the said G. H., on or immediately before the execution of these presents, the receipt of which said sum of £ in manner aforesaid they the said A. B., C. D. and E. F. do hereby respectively admit and acknowledge, and of and from the same and every part thereof do, and each and every of them doth, acquit, release and discharge the said G. H., his heirs, executors, administrators and assigns, for ever by these presents, they the said A. B., C. D. and E. F., by these presents do, and each and every of them doth, assign and set over unto the said

nees.

part.

Considera

tion.

Assignees assign,

day of

G. H., his executors, administrators and assigns, ALL AND
SINGULAR the messuages or tenements and premises comprised
in and demised by the said recited indenture of the
in—, with their several and respective rights, members and
appurtenances, AND ALL THE ESTATE, right, title, possibility,
property, claim and demand whatsoever, both at law and in
equity, of them the said A. B., C. D. and E. F., and each
and every of them, in, to, out of, or upon the said premises
or any of them. To HAVE AND TO HOLD the said premises
herein before assigned, or expressed and intended so to be,.
unto the said G. H. his executors, administrators and assigns,
for all the residue as yet to come of the said term of forty
years, by the said recited indenture of the

LEASEHOLDS OF A BANKRUPT.

parcels,

for residue

day of to purchaser covenants, of terin.

assignees

cumbrances.

granted, at the rent and subject to the conditions and agreements by and in the said indenture reserved and contained, and henceforth on the lessee's part to be paid, observed and performed. And each of them the said Covenant by LA. B.,-C. D. and E. F., so far as relates to his own acts and against indeeds, but not further or otherwise, doth hereby for himself, his heirs, executors and administrators, covenant with the said G. H., his executors, administrators and assigns, that they the said A. B., C. D. and E.-F., or either of them, have not nor hath, at any time or times heretofore, made, done, committed or executed, or knowingly or willingly permitted or suffered, or been parties or privies, or party or privy, to any act, deed, matter or thing whatsoever, whereby, or by reason or means whereof, the said messunges or tenements and premises hereby assigned, or expressed and intended so to be, or any of them, or any part or parts thereof, are, is, can, shall or may be in anywise impeached, charged, affected or incumbered in title, estate or otherwise howsoever (a). IN WITNESS, &c.

(a) On the sale of leaseholds by the assignees of a bankrupt, the purchaser cannot be required to enter into a covenant to indemnify them, or the bankrupt, against the payment of the rent and the observance of the covenants contained in the lease. Sug. Con. V. & P.

25.

OBSERVATIONS ON THE LAW OF HUSBAND AND WIFE.

interest in his wife's freeholds.

Husband's MARRIAGE confers on the husband an estate in his wife's freeholds during their joint lives, and an estate therein for his own life, as tenant by the curtesy, if there are any issue of the marriage, and if the estate is one of inheritance which the issue are capable of inheriting.

In her chattels real.

He also acquires by marriage an interest in his wife's chattels real, as well reversionary as in possession, and as well contingent as vested, with an absolute power of disposing of them during the coverture (Donne v. Hart, 2 Rus. & My. 360); but so far as this power is not exercised by a complete act during the coverture, they go to the survivor without administration, and the right of the wife surviving would prevail against a testamentary disposition by the husband (Bracebridge v. Cook, Plowd. 417); but the husband is not enabled to dispose of a reversionary or contingent interest in leaseholds, which cannot fall into the wife's possession during the coverture. (Duberly v. Day, 22 L. J. 99, Ch.) And it seems that the wife's equity for a settlement

attaches on her equitable interests in chattels real. (Sturgis v. Champneys, 5 My. & Cr. 97; Hanson v. Keating, 4 Hare, 1). If the husband disposes of only part of his wife's interest in the leasehold premises, as by granting an underlease and reserving rent to himself, the underlease would belong beneficially to himself, but the residue of the term would belong to her in the event of her surviving her husband, as part of her leaseholds, which he had not disposed of. (Syme's case, Cro. Eliz. 33).

interest in

action.

With respect to the choses in action of the wife, Husband's which comprises debts owing to her, arrears of rent, his wife's legacies, trust funds, residuary personal estate, money in the funds, and other property recoverable by action or suit, the husband acquires an absolute interest in the same, so far as they are reduced into possession during the coverture, but not otherwise; and an assignment for a valuable consideration of the wife's choses in action by the husband is void against the wife surviving, if the husband die before he or the assignee has reduced them into possession, although they could have been immediately reduced into possession, but from neglect or other causes they have been left outstanding. (Elwin v. Williams, 13 Sim. 309; 12 L. J. N. S. Chan. 440; Ashby v. Ashby, 1 Coll. 553). The chose in action will be sufficiently reduced into possession by the husband receiving the fund owing to his wife, or by its being transferred into his name. Where the chose in action cannot fall into possession during the husband's life, it is impossible for him to assign it as against his wife surviving. If the chose in