fee. -for right to convey, [relessee] and his heirs, To the use (31) of the said [relessee], to relessee in his heirs and assigns. And the said [relessor], for himself, Covenants his heirs, executors and administrators, hereby covenants with for seisin, the said [relessee], his heirs and assigns, that notwithstanding any act, matter or thing done or permitted by the said [relessor] or his ancestors or devisors, (32) or the ancestors or devisors of or to such ancestors or devisors of or to the said [relessor], or any of them to the contrary, (except as hereinafter is mentioned,) the said [relessor] is now absolutely seised of the inheritance in fee-simple in possession in the said hereditaments and premises hereby released, or intended so to be, with their appurtenances. And also that notwithstanding any such act, matter or thing as aforesaid, (except as aforesaid,) the said [relessor] has good right, by these presents, to release or assure the said hereditaments and premises unto the said [relessee] and his heirs, to the use and in manner aforesaid. And also that it shall be lawful for the said [relessee], his for quiet enjoyheirs and assigns, at all times hereafter, peaceably and quietly to hold and enjoy, and to take the rents and profits of the said hereditaments and premises, without any eviction, interruption or denial from or by the said [relessor], or any person or persons rightfully claiming through or in trust for him, or through the ancestors or devisors aforesaid, or any of them, (except the respective persons whose estates and interests are herein ment, Effect of limiting the use to the relessee, (31) It is not necessary to limit the use to the purchaser. The nature of the transaction rebuts the resulting use. The effect of limiting the use to the relessee is merely negative; he is still in at the common law. But if to a stranger. the use were limited to a stranger, it would then have the positive effect of transferring the possession by force of the statute. covenants, when under wills and descents. (32) The vendor is supposed to have derived the estate under wills and Scope of vendor's descents. In such cases the purchaser is entitled to covenants extending title is derived to the acts of the persons from or through whom the title is so derived; but a particular allusion in the covenants to the devisors or ancestors is better avoided, when they would not otherwise appear upon the deed, for a large proportion of the requisitions and objections made upon sales results from indiscreet references to the prior title. -for freedom from incumbrances, -exception of incumbrances, -for further assurance. after excepted in respect only of the same estates or interests,) Free and clear, or by the said [relessor], his heirs, executors or administrators, kept indemnified against all former or other estates, rights, titles, charges and incumbrances created or occasioned by the said [relessor], or the ancestors or devisors aforesaid, or any of them, or any person or person claiming through or in trust for him, or through them, or any of them, or by his, their, or any of their act, default, privity or procurement, (except a lease of the said close hereinbefore mentioned to be called, granted by [lessor] deceased, the father of the said [relessor], by indenture, dated the day of, in the year to [lessee], his executors, administrators and assigns, for a term of twenty-one years from Ladyday then last past, at the yearly rent of £. And except, &c. [other incumbrances.]) And further, that the said [relessor], and every person rightfully claiming through or in trust for him, (except the respective persons whose estates or interests are hereinbefore excepted in respect only of such estates or interests,) will, at the request and costs of the said [relessee], his heirs or assigns, make, do and execute such conveyances and assurances, by deed or by matter of record or otherwise, for more effectually assuring the said hereditaments and premises, or any part thereof, to the use and in manner aforesaid, or to any other uses or in any other manner, as by the said [relessee], his heirs or assigns, or his or their counsel in the law shall be reasonably advised and required, and as shall be tendered to be made, done, or executed. IN WITNESS, &c. Parties. Surrender. SURRENDER by a Tenant for Life to the Reversioner in Fee. in the year THIS INDENTURE, made the day of Between [surrenderor], of, &c. of the one part, and [surrenderee], of, &c. of the other part: WHEREAS by an in- RECITALS denture of feoffinent duly perfected by livery of seisin, bearing of lease for life. date the day of —, in the year and made between the said [surrenderee] of the one part, and the said [surrenderor] of the other part, the said [surrenderee] leased unto the said [surrenderor], the hereditaments hereinafter described, with their appurtenances, To hold unto the said [surrenderee] and his assigns for the term of his natural life: NOW THIS INDENture WitnesseTH, that in consideration of TESTAtum. the sum of ----- paid to the said [surrenderor] by the said Consideration. [surrenderee], on the execution of these presents, the receipt whereof, as in full for the purchase of the estate for life of the said [surrenderor] in the hereditaments hereinafter described, he hereby acknowledges, The said [surrenderor] Hath sur- Operative words. rendered and yielded up, and by these presents Doth surrender and yield up unto the said [surrenderee], All [parcels], Parcels. Together with all the rights, members and appurtenances render. thereunto belonging or appertaining. And all the estate, All estate, &c. right, title, possession, claim, and demand of the said [surrenderor], in, to, of or upon the said hereditaments and premises, with their appurtenances, TO THE INTENT (33) that the Intent of sur estate for life of the said [surrenderor] in the said hereditaments and premises may merge in the immediate reversion in fee simple now vested in the said [surrenderee], and be thereby extinguished. And the said [surrenderor], for himself, his heirs, executors and administrators, hereby covenants Covenant by sur with the said [surrenderee], his heirs and assigns, that the said [surrenderor] has not, at any time or times heretofore, done or that he has not permitted any act, matter or thing, by which or by means of which the said hereditaments and premises hereby surren renderor, incumbered, tion and haben (33) As a surrender destroys the estate upon which it operates, words of Words of limita limitation, and consequently an habendum, would be out of place. So in a dum not proper in release, operating by way of extinguishment and not of enlargement, the a surrender. habendum clause is properly omitted, and a clause declaratory of the intent of the instrument may be substituted. -for further assurance. dered, or intended so to be, or any part thereof, with their appurtenances, are, is, shall, or may be aliened, incumbered, or prejudicially affected. And also that the said [surrenderor], and every person rightfully claiming or to claim any estate, right, title or interest at law or in equity, through, under, or in trust for him, will, at any time or times, at the request and at the costs of the said [surrenderee], his heirs or assigns, do and execute every such act, deed, surrender or assurance, for more effectually surrendering, confirming, or otherwise assuring the said estate for life in the said hereditaments and premises unto the said [surrenderee], his heirs or assigns, or according to his or their direction as by the said [surrenderor], his heirs or assigns, or his or their counsel in the law, shall be reasonably advised or required, and as shall be tendered to be done or executed. IN WITNESS, &c. Parties. RECITALS No. 8. SURRENDER by a Termor for Years to a Reversioner in Fee. THIS INDENTURE, made the of our Lord day of Between [surrenderor], of, &c. of the first part, [late owner of the fee as a directing party], of, &c. of the second part, and [surrenderee], of, &c. of the third part: WHEREAS by an indenture of demise and mortgage, bearing date the in the year and made between the said [late owner] of the one part, and the said [surrenderor] of the other part, the said [late owner], in consideration of the sum of £, paid to him by the said [surrenderor], · did demise unto the said [surrenderor], (amongst other hereditaments), All [parcels] (of which hereditaments and premises the said [late owner] was then seised in fee simple,) with their appurtenances, To Hold unto the said [surrenderor], his executors, administrators and assigns, for the term of 500 years, to be computed from the day of the date of the said in denture, subject to a proviso for redemption, on payment by sale of the fee, of conveyance to the purchaser to the uses to pre vent dower, then next, but in payment whereof default was made. AND WHEREAS the said [late owner] lately contracted of contract for with the said [surrenderee] for the sale to him of the said messuage, lands, hereditaments and premises, free from incumbrances, at the price of £- -. AND WHEREAS, in pursuance of the said contract, by indentures of lease and release, the indenture of lease dated the day next before the day of the date of these presents, and the indenture of release being of even date with and executed immediately before the execution of these presents, and made between the said [late owner] of the first part, the said [surrenderee] of the second part, and [trustee to prevent dower] of the third part, the said messuage, lands, hereditaments and premises, have, in consideration of the sum of £, paid by the said [surrenderee] to the said [late owner], been assured and limited by the said [late owner], To such uses as the said [surrenderee] shall by deed appoint, and in default of appointment, To the use of the said [surrenderee] and his assigns during his life, without impeachment of waste, with remainder To the use of the said [trustee], his executors and administrators, during the life of the said [surrenderee], In trust for the said [surrenderee] and his assigns, with remainder to the use of the said [surrenderee], his heirs and assigns. AND WHEREAS the said sum of £is still due to the said [surrenderor], upon the security of the but interest paid said recited indenture of demise and mortgage, but all interest for the same has been paid to him by the said [late owner], up to the day of the date of these presents, as the said [surrenderor] hereby acknowledges. AND WHEREAS, upon treaty of agreement for the said purchase, it was agreed that the said sum of that term shall be £- should be paid off out of the said purchase-money, and that the said term of 500 years should be thereupon surren -that the mortgage debt is due, up, surrendered. |