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receipt, he, the said (vendor,) hath surrendered and yielded up, and by these presents doth, &c., all, &c., parcels, and all the estate, &c.; to the intent that the estate for life of the said (vendor) in the said hereditaments and premises may merge in the immediate reversion in fee-simple, now vested in the said (purchaser,) and be thereby extinguished. [Add covenants from the vendor, that he has done no act to incumber; and for further assurance “for the further, better, and more effectually surrendering, confirming, or otherwise assuring the said," &c. In witness, &c.] (An habendum is not necessary in this surrender.)
Y ASSIGNEES OF A BANKRUPT.
This indenture, made, &c., between A. B., of, &c., and C. D., of, &c., (assignees,) of the first part ; E. F., of, &c., (official assignee,) of the second part ; G. H., of, &c., (bankrupt,) of the third part; and (purchaser,) of the fourth part. Whereas a fiat in bankruptcy, under the hand of the Lord Chancellor of Great Britain, bearing date, &c., was issued against the said (bankrupt,) who was thereupon duly found and adjudged a bankrupt; and whereas the said A. B. and C. D. are the assignees chosen by the creditors of the estate and effects of the said bankrupt; and the said E. F. is the official assignee of the estate and effects of the said bankrupt.
The bankrupt may be ordered to join in the conveyance by the Lord Chancellor, but it is apprehended he is not compellable to enter into the covenants for the title; but they may be added if the bankrupt is willing to covenant.
In a conveyance of copyholds, the commissioners must be made parties, as, by 6 Geo. IV. c. 16, s. 68, the commissioners are directed, instead of conveying to the assignees by deed, &c., to make sale, &c.; and by the 1st and 2d Will. IV. c. 56, 55, 25, and 26, those estates only are vested in the assignees by the appointment which, according to
[Recite the contract for sale.] Now, this indenture witnesseth, that, in pursuance of the said agreement, and in consideration of the sum of, &c., to the said (official assignee) by the said (purchaser,) the receipt, &c.; and also in consideration of 10s. to the said (bankrupt) by the said (purchaser,) they, the said (parties hereto, of the first and second parts,) have, and each and every of them hath bargained, sold, and released, and, &c., and the said (bankrupt) hath granted, bargained, sold, released, and confirmed, 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, (see p. 45.) [Add covenants from assignees, each so far as relates to and concerns his own acts and defaults, that they have done no act to incumber.] In witness, &c.
CONVEYANCE OF AN EQUITY OF REDEMPTION.
This indenture, made, &c., between the vendor,) of the one part," and (the purchaser,) of the other part. [Recite the title of the vendor, the
mortgage, the amount of principal and interest due, and the contract for purchase.] Now, this indenture witnesseth, that, in pursuance, &c., and in consideration of, &c., the receipt, &c., and doth admit the same to be in full for the absolute purchase of the equity of redemption, of and in the said (premises,) and of and from, &c., doth acquit, &c., he, the said (vendor,) hath granted, bargained, sold, released, and confirmed, and, &c., unto the said
As to mort.
the then existing laws, were directed to be conveyed to them.
m If the mortgagee be not made a party, it will be advisgagee being able to give immediate notice to him of the conveyance of the a party. equity of redemption, to prevent any further advance or
further charge by mortgagor, which would be valid if the mortgagee had no notice of such conveyance. (2 Atk. 349.)
(purchaser,) in his actual possession, &c.,) and to his heirs and assigns, all, &c.; together with all houses, &c., and the reversion, &c., and all the estate, power, equity of redemption, &c.; to have Habendum. and to hold the said, &c., unto and to the use of the said (purchaser,) his heirs and assigns, subject nevertheless to the said hereinbefore in part recited indentures of lease and release, and mortgage, of the, &c., and to the payment of the said principal sum of, &c., and interest henceforth to grow due for the same. [Add covenants for title qualified as to the mort- Covenants for gage, and a covenant by the purchaser for payment of the mortgage debt. See p. 93.]"
* If the mortgagee joins in the conveyance for exonerat. ing the vendor, recite that, “ by the before in part recited indenture of, &c., the said (vendor) did covenant with the said (mortgagee) to pay the said principal sum of, &c., with interest for the same, at the time and in manner therein mentioned. Now, this indenture witnesseth, that, in consideration of the covenant hereinafter contained and entered into by the said (purchaser) to and with the said (mortgagee,) he, the said (mortgagee,) doth hereby release and for ever discharge the said (vendor,) his heirs, executors, and administrators, of and from the said covenant, and all benefit and advantage to be taken thereof.” Then add a covenant for payment of the mortgage-money :
“ And the said (purchaser) doth hereby covenant, promise, and agree to and with the said (mortgagee,) that he, the said (purchaser,) shall and will, within the space of six calendar months from the date hereof, (or) on or before the day [or] when thereto required by the said (mortgagee,) his executors, administrators, or assigns, well and truly pay, or cause to be paid, unto the said (mortgagee,) his executors, admi
or assigns, the said sum of L. with lawful interest for the same, without any deduction or abatement whatsoever ;” and to indemnify, &c.
In ascertaining the stamp, it must be remembered that the mortgage debt is to be added to the purchase-money.
DISENTAILING DEED,' BEING A GRANT OF A REMAIN.
DER WITH THE CONSENT OF THE PROTECTOR.
This indenture, made, &c., between A. B., (tenant in tail) of the first part; C.D., (protector,) of the second part ; and E. F., (trustee,) of the third part. [Recite the instrument creating the entail, and such other facts (if any) as are necessary to show the title of the protector and tenant in tail, as the determination of estates previous to the former or the vesting of the latter.] And whereas the said A. B., being desirous of barring the said estate tail in remainder expectant as aforesaid, so vested in him, by, &c., and all other estates tail, and all remainders and reversions thereon expectant, and all conditions and collateral limitations thereto annexed, of and in the said hereinbefore mentioned messuage and hereditaments, and of acquiring the fee-simple therein, in remainder expectant as aforesaid, the said C. D., as the protector of the settlement created by the said (will) of the same messuage and hereditaments, hath, at his request, agreed to join and concur in these presents for the purpose of testifying his consent thereto, in manner hereinafter mentioned. Now, this indenture witnesseth, that, in pursuance of the said recited desire and agreement in this behalf, and for the purpose of barring and extinguishing the said estate tail, and all remainders and reversions thereupon expectant, and all conditions and collateral limitations thereunto annexed, and all estates, rights
• Where the protector is the owner of a previous estate, there can be no objection to conveying by grant, as his joining affords evidence of the existence of such previous estate. This form can be easily altered into a lease and release, by using the operative words applicable to that mode of con. veyance, and inserting the reference to the lease. This deed must be enrolled within six calendar months from its execution by the tenant in tail.
titles, interests, and powers to take effect after the determination, or in defeasance of the same estatestail, and to limit the fee-simple of the same hereditaments in remainder expectant as aforesaid, to the uses, and in manner hereinafter mentioned. He, the said A. B., with the consent and approbation of the said C. D., as the protector of the said settlement as aforesaid, testified by his being a party to, and executing these presents, hath granted and confirmed, and by this present deed intended to be forthwith enrolled in her Majesty's High Court of Chancery, doth grant and confirme unto the said E. F., and his heirs, all that the remainder or reversion expectant as aforesaid, of and in all, &c., and also of and in all and singular the rights, members, and appurtenances to the same messuage and hereditaments belonging, or in any wise appertaining; and the reversion, &c., and all the estate, &c. Habendum, &c., unto the said E. F., and his heirs for ever, (freed and absolutely discharged of and from the said estate-tail, in remainder expectant as aforesaid, of the said A. B., and all other estates-tail, and all remainders or reversions thereupon expectant or depending, all conditions or collateral limitations thereunto annexed, and all estates, rights, titles, interests, and powers, to take effect after the determination, or in defeasance of the said estates-tail.) But, nevertheless, to the uses, &c. Provided always, neverthe
P If the vendor's wife join in the conveyance for barring dower, add, “ And the said Mary B., under and by virtue and in pursuance of the powers and provisions given by and contained in the said act of parliament, and in order to bar and extinguish all dower, and right and title of dower, which she hath, or could or might claim or set up, upon or out of the hereditaments hereby granted, &c., doth by these presents (intended to be acknowledged according to the directions of the said act) grant, remise, release, quit, claim, and confirm.”
9 This proviso must be inserted or omitted, according to circumstances.