Parties. Recital of will; death of testator and VI. CONVEYANCE by TRUSTEES for Sale under a THIS INDENTURE, made the - 18-, day of BETWEEN A. T. of, &c., and B. T. of, &c. [trustees], of the one part, and P. of, &c. [purchaser] of the other part: WHEREAS K. S., late of, deceased, by his will dated the day of, 18-, after certain specific devises and dispositions not affecting the hereditaments hereby assured, gave and devised the residue of his freehold estates unto and to the use of the said A. T. and B. T., their heirs and assigns, upon trust for sale, and with power to give receipts as therein mentioned; AND WHEREAS the said K. S. died on the day of 18-, without having revoked or probate; altered his said will, which was duly proved in the principal registry of the Probate Division of the High Court of Justice on the his seisin ; contract for sale. -, 18-; day of AND WHEREAS the said K. S. was at the time of his decease seised of (amongst other hereditaments) the freehold hereditaments and premises hereby assured for an estate in fee simple in possession free from incumbrances; AND WHEREAS the said A. T. and B. T., as 15 trustees of the said will, and in pursuance of the trust for sale therein contained as aforesaid, have agreed with the said P. for the sale to him of the said freehold hereditaments and premises, subject to such reservation as is hereinafter contained, for the sum of £1,000: nesseth. Grant; Parcels ; Reserva tion of right of NOW THIS INDENTURE WITNESSETH that, in Witpursuance of the said agreement for sale, and in consideration of the sum of £1,000 now paid to the said A. T. and B. T. by the said P. (the receipt whereof the said A. T. and B. T. do hereby acknowledge), THEY, the said A. T. and B. T., AS TRUSTEES, do hereby GRANT unto the said P., ALL THAT [parcels], EXCEPT AND RESERVING (a) unto the said A. T. and B. T., their heirs and assigns, and other the owners and occupiers for the time being of the X. estate shown on the plan drawn on these presents, or of any part thereof, full and free right and liberty at all times hereafter, by day or by night, and for all purposes, with or without horses, carts, carriages or wagons, laden or unladen, to go, pass, or repass, and to drive cattle, sheep and other animals along, over, and upon the strip of land or road indicated on the said plan by dotted red lines; way. dum. TO HAVE AND TO HOLD the said heredita- Habenments and premises hereby assured (except and (a) As to reservations and exceptions, see Elph. Introd. 99. reserving as aforesaid) UNTO AND TO THE USE OF the said P., his heirs and assigns. IN WITNESS, &c. Parties. Recital of will devising here to be sold by executors; VII. BARGAIN AND SALE of FREEHOLDS by Executors at Common Law (a). THIS INDENTURE, made the 18-, day of BETWEEN A. B. of, &c., and C. D. of, &c. [executors], of the one part, and J. P. of, &c. [purchaser], of the other part; WHEREAS W. T., late of in the parish of in the county of, deceased, being seised ditaments in fee simple of the hereditaments hereby bargained and sold, duly executed his last will, dated the day of, 18, and thereby directed that his houses and lands at B. (being the said hereditaments) should be sold by his executors thereinafter named, and appointed the said A. B. and C. D. executors of his said will; of death of testator and AND WHEREAS the said W. T. died on the day of, 18-, without having revoked or probate; altered his said will, which was proved by the (a) As to a bargain and sale by executors at common law, see Elph. Introd. 81; Edwards, 313; Goodeve, 299; Wms. 388. said A. B. and C. D. in the principal registry of the Probate Division of the High Court of Justice on the day of, 18—; tract for Witnesseth. AND WHEREAS the said A. B. and C. D., in-of conpursuance of the direction for sale contained in the said will as aforesaid, have agreed with the said J. P. for the sale to him of the hereditaments hereby bargained and sold and the inheritance thereof in fee simple in possession free from incumbrances, for the sum of £2,000: NOW THIS INDENTURE WITNESSETH that, in pursuance of the said agreement, and in consideration of the sum of £2,000 now paid to the said A. B. and C. D. by the said J. P. (the receipt whereof the said A. B. and C. D. do hereby acknowledge), THEY, the said A. B. and C. D. as SUCH PERSONAL REPRESENTATIVES (α) AS AFORESAID, and in pursuance of the direction for sale in the said will contained as aforesaid, and of every or any power enabling them in this behalf, DO respectively hereby BARGAIN AND SELL unto the Bargain said J. P., ALL THOSE [parcels], TO HOLD the same UNTO AND TO THE USE OF the said J. P., his heirs and assigns. IN WITNESS, &c. (a) These words imply a covenant against incumbrances by virtue of Conv. Act, 1881, s. 7 (1) (F). and sale. C.P.C. 2 Parties. Recitals of settle ment; -of contract for sale. VIII. CONVEYANCE of FREEHOLDS by TENANT FOR LIFE under the SETTLED LAND ACT, 1882 (a), to JOINT TENANTS or TENANTS IN COMMON. THIS INDENTURE, made the day of -, 18-, BETWEEN T. L. of, &c. [tenant for life], of the first part, A. T. of, &c., and B. T. of, &c. [trustees of the settlement], of the second part, and P. of, &c., and Q. of, &c. [purchasers], of the third part: WHEREAS by an indenture of settlement dated the day of, 18-, and expressed to be made between [parties], the hereditaments hereinafter described and expressed to be hereby assured were (together with other hereditaments) conveyed and settled to the use of the said T. L. and his assigns during his life with remainders over, and the said A. T. and B. T. are by the said settlement declared to be trustees thereof for the purposes of the Settled Land Act, 1882: AND WHEREAS the said T. L. by virtue of the powers vested in him under the Settled Land Act, 1882, has agreed with the said P. and Q. for the absolute sale to them of the said hereditaments (a) See Elph. Introd. 130, 418; Edwards, 61, 344; Goodeve, 51; Wms. 123, 393. |