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he, the said (vendor,) at the request and by the direction of the said (purchaser,) testified, &c., hath granted, bargained, sold, and released, and, &c., unto the said (mortgagee,) (in his actual possession, &c.,)
and to his heirs and assigns, all, &c., and the reverHabendum. sion, &c., and all the estate, &c., to have and to
hold the said, &c., hereby, &c., unto and to the use
of the said (mortgagee,) his heirs and assigns, subject Proviso. to the proviso hereinafter contained for the redempCovenants. tion, &c. [Add covenants from the vendor with
the mortgagee, as in an ordinary conveyance, that he is lawfully seised ; that he has good right to convey, subject to the proviso hereinafter contained for the redemption of the said hereditaments and premises ; for peaceable possession, subject to the proviso, &c.; free from incumbrances; and for further assurance, at the costs of the mortgagee, his heirs or assigns, or of the said pur. chaser, his heirs or assigns ; then add the usual proof the said (purchaser,) his heirs and assigns for ever;" or to uses to bar dower, (if required.) In the proviso for redemption, add, “ and shall and will convey, surrender, and yield up, (or assign,) and effectually assure, all and singular the said, &c., hereby granted, &c., with their appurtenances, for all his and their estate, to the use of (or in trust for) the said (purchaser,) his heirs, appointees, and assigns, or as
he or they shall direct or appoint.” When by de- e If the security is intended to be made to a third party by mise to a third
way of demise, the premises may be conveyed, to hold to (mortgagee,) his executors, administrators, and assigns, for the term of, &c., and from and after the end, expiration, or other sooner determination of the said term, and in the meantime subject thereto, and to the payment of the said principal sum of, &c., and interest, intended to be thereby secured, and also to the proviso or agreement for cessor of the said term hereinafter contained, to the use of the said (purchaser,) his heirs and assigns for ever.” Then add a proviso for making void the term on payment of the mortgage-money. Or the conveyance may be made“ to hold to (the purchaser,) his heirs and assigns, to the use of (the mortgagee,) his executors, administrators, and assigns, for a term of years,” subject to a proviso for redemption, remainder to himself in fee.
riso as in a mortgage in fee, for redemption of the premises, and a covenant from the purchaser for payment, and for mortgagce to enter, in default of payment, &c., and enjoy, &c., free from incumbrances ; and for further assurance by purchaser to mortgagee, with the proviso for enjoyment by the purchaser until default in payment of the mortgage-money.] In witness, &c.
CONVEYANCE FROM A DEVISEE UNDER A WILL, IN WHICH
THE TESTATOR'S WIDOW (ENTITLED TO AN ANNUITY) AND A LEGATEE JOIN IN RELEASING THE PREMISES SOLD, (THE REMAINDER OF THE PREMISES BEING A SUFFICIENT SECURITY.5)
This indenture, made, &c., between (the vendor,) of, &c., son and heir-at-law of, &c., late of, &c., de
? This deed would require both a mortgage stamp upon the amount secured, and a conveyance stamp upon the whole purchase-money.
In a note upon this form in the first edition of this work, in which it was recommended that the premises should be conveyed at once to the mortgagee, or a power given to the purchaser in the conveyance to him, and the mortgage created by appointment under that power, it was stated that the premises would be thereby vested in the mortgagee, discharged from any judgments or incumbrances of the purchaser ; but it is considered that, in consequence of the act of 1st and 2d Vict. c. 110, the rights of creditors would not be affected by any such expedients.
• If the whole of the premises devised have been contracted to be sold to the purchaser, the annuity might be secured by limiting the premises to the use, intent, and purpose that the annuitant should receive the sum of, &c., dur. ing her life; and a term of years created and limited to a trustee for securing the same, and subject thereto, to the use of the purchaser, his heirs and assigns, with a covenant by the purchaser for payment of the same ; and with a declaration that, subject to the rent-charge, the term of years shall be in trust for the purchaser.
ceased, of the first part; (the widow,) mother of the said (vendor,) and widow and relict of the said, &c., deceased, of the second part; and (legatee,) only daughter and a legatee named in the said will of the said, &c., of the third part ; and (the purchaser) of the fourth part; [recite the will whereby the testator gave to his wife an annuity, and a legacy to his daughter, and chargeable therewith he devised his messuages to the vendor in fee ; and recite the
death of testator, the proving of his will, and the Recitals. contract for sale.] And whereas the said (legatee) Widow agrees has attained her age of twenty-one years; and to release.
whereas the said [widow and "legatee,] at the request
If the annuitant is not made a party to the conveyance, then, so much of the money as will produce an annual income equal to the charge may remain in the purchaser's hands on security of the estate; and to effect the same, a term may be limited to trustees to pay out of the rents the annual sum required to the annuitant ; and after his decease, in trust to raise the principal and interest, and pay the same to the vendor.
h If the legacy be not yet payable, by reason of the legatee being a minor, but is intended to remain chargeable on
the premises unsold, a covenant may be added by the venCovenant by dor for payment of the same, as follows: “And the said (ven
dor,) for himself, his heirs, executors, and administrators, procure discharges and
doth hereby further covenant, promise, and agree to and releases from with the said (purchaser,) his heirs and assigns, that he, the legatees when said (vendor,) his heirs, &c., shall and will well and truly they come of
pay, or cause to be paid, unto the persons entitled to receive the said several legacies, or sums of, &c., in and by the said will of the said, &c., given and bequeathed to, or provided for the said, &c., as aforesaid, as and when the same shall respectively become due and payable ; and shall and will
, at the expense of the said (vendor,) his heirs or assigns, well and effectually, in due course of law, to the satisfaction of the counsel of the said (purchaser,) his heirs or assigns, cause and procure the said (legatees,) their respective executors, administrators, or assigns, or the person or persons respectively entitled to and receiving the said &c., absolutely to release, exonerate, and discharge the said messuage, &c., hereby, &c., of and from the said three lega
of the said (vendor,) and for the purpose of enabling him to complete his said recited contract, have agreed to join in these presents for the purpose of releasing and discharging the said hereditaments so agreed to be sold as aforesaid, as well of and from the said hereinbefore mentioned legacy or sum of L. and the said annuity or rent-charge of L. , so by the said recited will respectively charged upon the same hereditaments and premises, as aforesaid, as also of all right and title of the said (widow) to dower or thirds of and in the same hereditaments. Now, this indenture witnesseth, that, in pursuance of the said recited agreement, and in consideration, &c., he, the said (vendor,) hath granted, bargained, sold, aliened, released, and confirmed, and, &c., and they, the said (widow and legatee,) have, and each of them hath, remised, released, and for ever quitted claim, and, &c., unto the said (purchaser,) (in his actual possession, &c.,) and to his heirs and assigns, all, &c., and the reversion, &c., and all the estate, &c., habendum, &c., freed and absolutely discharged of and from the said legacy, or sum of L. ; and also of and from the said annuity, or yearly rent-charge, or sum of, &c., in and by the said will of the said (testator,) given and devised to her, the said (widow,) as hereinbefore mentioned, and of and from all arrears, actions, suits, claims, and demands, of or on account thereof; and
Proviso that also of and from all dower, right, and title of or
nothing shall to dower, which she has, or may at any time hereaf- extend to roter have, in the said lands and hereditaments. Pro. lease the
other lands, vided always, and it is hereby declared and agreed
chargeable, by and between the said parties to these presents, and remainthat nothing in these presents contained shall extend, ing unsold. cies or sums, and every part thereof respectively; and shall And in the and will, in the meantime, and until such releases and dis- meantime to charges can and shall be had and obtained, as afore well
indemnify, and sufficiently save, defend, keep harmless, and indemni. fied, as well the said purchaser, his heirs and assigns, as the said messuage, &c., hereby, &c., of and from all interest, actions, suits, claims, and demands, on account thereof.”
or be construed, deemed, or taken to extend, to release, exonerate, and discharge any of the lands, hereditaments, and premises, in and by the said will of the said (testator) given and devised as aforesaid, which are not herein or hereby mentioned and intended to be granted and released of and from the said annuity or yearly sum of L. , in and by the same will given and provided for the said (ridow) during her life, and of and from the said legacy, or sum of L.
and provision thereby made for the said (legatee) as herein before mentioned, or any part thereof respectively, but that the said last-mentioned lands and hereditaments shall be and remain subject and liable to the payment thereof in such and the same manner as if these presents had not been made. In witness, &c.
SURRENDER BY A TENANT FOR LIFE TO PARTY EN
TITLED TO THE REVERSION OR REMAINDER.
This indenture, made, &c., between (the tenant for life,) of the one part, and thereversioner,) of the other part. [Recite the decd or will creating the estate, and that the (purchaser) hath agreed with the (ven. dor,) in consideration of the sum of, 8c., to surrender ир
the premises, to the intent that the estate for life of him, the said vendor, may be merged and ex• tinguished in the reversion and inheritance now vested in the (purchaser.) Now, this indenture witnesseth, that, in pursuance of the said agreement, and in consideration of, &c., by, &c., to, &c., the
The conveyance of an estate for a life varies so little from an ordinary conveyance, that it has been thought unnecessary to insert a form of it. If there is any intervening estate between the estate for life and the reversion or remainder, the conveyance cannot operate as a surrender, and a lease for a year would be necessary as in other convey.