GENERAL RECITALS.

Admittance to

copyhold.

Lease.

whole to the sum of £, paid by the said [mortgagee], partly to, and partly on behalf or to the account of the said [mortgagor], the and hereditaments hereinafter mentioned and intended to be hereby granted, &c. [as the case may be], were conveyed, assured, and limited, by and by the direction of the said [mortgagor], To the use of the said [mortgagee], his heirs and assigns, subject to a proviso in the indenture now in recital contained for redemption of the same premises by the said [mortgagor], his heirs or assigns, on payment by the said [mortgagor], his heirs, executors, administrators, or assigns, to the said [mortgagee], his executors, administrators, or assigns, of the sum of £ with interest thereon in the

per cent. per annum, on the

XVII. WHEREAS, at a court held in and for the manor

of
the said [purchaser] was admitted, on the surrender of
M. N., to All that [parcels from the court-rolls], To hold
the same unto the said [purchaser], his heirs and assigns,
according to the custom of the said manor, and by and
under the suits, services, rents, fines, and heriots therefore
due and of right accustomed.

in the county of , on the day of

day

XVIII. WHEREAS, by an indenture dated the of, and made or expressed to be made between [parties], for the considerations therein mentioned, the said [lessor] did demise unto the said [lessee], his executors, administrators, and assigns (b), All that &c. [parcels from

the commencement of a draft, it should be recited formally and particularly, so as to shew that the mortgagor was the conveying party, and therefore had the right to redeem; but when this cannot be conveniently done, as when the mortgage is in part a transfer, though with a new proviso for redemption, or is a mortgage in a purchase-deed in which the vendors are the conveying parties, though the equity of redemption is vested in the purchaser, the form of recital in the text should be used.

(a) See infra, p. 17, n. (a).

(b) This is the ordinary form of reciting a lease, as well in the commencement of a draft as elsewhere, but it may also be expressed,

"for the considerations therein mentioned, All that &c.

day of

the lease], with their appurtenances, To hold the same unto
the said [lessee], his executors, administrators, and assigns,
from the
then last, for the term of
years, at the yearly rent of £, and under and subject
to the covenants, conditions, and agreements therein con-
tained, and on the part of the [lessee], his executors, ad-
ministrators, and assigns, to be observed and performed.

and

GENERAL

RECITALS.

vise of freeholds and copy

XIX. WHEREAS [testator], late of &c., being seised Specific deof or entitled to the and hereditaments hereinafter mentioned and intended to be hereby granted, &c., holds. [as the case may be], for an estate of inheritance in fee simple, and being seised of or entitled to the hereditaments hereinafter mentioned and covenanted to be surrendered, for an absolute estate of inheritance to him and his heirs, according to the custom of the manor of which the same are holden, duly made his last will and testament, dated the day of, and thereby gave and devised the said hereditaments, (together with other hereditaments), by the description of All that his &c. [description from the will (a)], To the use of &c. AND WHEREAS the said testator died on the day of, without having revoked or altered the herein before-recited devise (b).

of real estate.

XX. WHEREAS [testator], late of &c., being seised or General devise entitled for an estate of inheritance in fee simple, of or to the and hereditaments hereinafter mentioned, and intended to be hereby granted, &c. [as the case may be], duly made his last will and testament, dated the

[parcels from the lease], with their appurtenances, were demised [or appointed and demised, &c., as the case may be] unto the said [lessee], his executors, administrators, and assigns," &c.

(a) If the description in the will be clear, and there are no other hereditaments included in the devise, it will be sufficient to say,

(b) In reciting a will of real estate, it is unnecessary to recite the appoint. ment of executors or the probate of the will, as neither has any reference to the real estate.

GENERAL RECITALS.

Will of personalty.

Codicil.

Death of testa

tor, and probate

codicil.

day of

and thereby gave and devised all his real

estate of every description To the use of &c. (a) AND WHEREAS the said testator died on the

day of

without having revoked or altered his said will (b).

XXI. WHEREAS [testator], late of &c., duly made his last will and testament, dated the day of and thereby, after giving a specific legacy and a stock legacy, and certain pecuniary legacies, gave and bequeathed all the residue of his personal estate and effects unto &c.; AND the said testator thereby gave, devised, and bequeathed all estates which, at the time of his death, should be vested in him, upon any trusts or by way of mortgage, unto his executors thereinafter named, their heirs, executors, administrators, and assigns, according to the nature and tenure of the premises respectively, Upon the trusts and subject to the equity of redemption which at his death should be subsisting in the same premises (c); AND the said testator thereby appointed

of his said will.

and

executors

XXII. AND WHEREAS the said testator duly made a codicil, dated the day of, to his said will, and

thereby appointed

in the place of the

to be an executor of his said will said, who was dead, and in all

other respects confirmed his said will.

XXIII. AND WHEREAS the said testator died on the

of his will and day of, without having revoked or altered his said will, except in so far as the same was altered by the said codicil, and without having revoked or altered his said codicil, and the said will and codicil were proved by the said [executors] in the

Court of

on the

day

of

(a) This recital may be varied so as to apply to freeholds and copyholds, as in the last Form; and both this and the preceding Form may be adapted to copyholds only, by leaving out the reference to the freeholds.

(b) See supra, p. 11, n. (b).

(c) Of course the recital of the devise of trust and mortgage estates will be in many cases unnecessary: it is given merely as a Precedent.

13

CHAPTER II.

PARTICULAR RECITALS.

SECT. I.

RECITALS OF ASSURANCES.

OF ASSUR-
ANCES.

Conveyance by

I. AND WHEREAS, by an indenture of release, dated &c., grounded on a lease for a year, and made or expressed to be made between [parties], for the considerations therein lease and rementioned, the said did grant, release, and confirm lease. unto the said [purchaser], his heirs and assigns, the

and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c., as the case may be], with the appurtenances, To hold the same Unto and to the use of the said [purchaser], his heirs and assigns [or Unto the said [purchaser] and his heirs, To such uses &c., ut supra, p. 3, or otherwise, as the case may be].

release founded

on the statute.

II. AND WHEREAS, by an indenture of release, dated Conveyance by &c., made in pursuance of the act for rendering a release as effectual for the conveyance of freehold estates as a lease and release by the same parties, and made or expressed to be made between [parties], for the considerations therein mentioned, the said did grant, release, and confirm unto the said [purchaser], his heirs and assigns, the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c., as the case may be], with the appurtenances, To hold the same Unto and to the use of the said [purchaser], his heirs and assigns [or Unto

OF ASSUR-
ANCES.

Conveyance by appointment and lease and release.

Conveyance by grant.

the said [purchaser] and his heirs, To such uses &c. [supra, p. 3, or otherwise, as the case may be].

III. AND WHEREAS, by an indenture of appointment and release, dated &c., grounded, so far as the same operated as a release, on a lease for a year [or made, so far &c., in pursuance of an act &c.], and made or expressed to be made between [parties], for the considerations therein mentioned, and in exercise of a power therein referred to, the said did direct, limit, and appoint, that the and hereditaments thereinafter mentioned and intended to be thereby granted and released, with the rights, easements, and appurtenances, should thenceforth go, remain, and be To the use of the said [purchaser], his heirs and assigns [or To the uses thereinafter limited and declared, and hereinafter mentioned]; And by the said indenture now in recital, for the considerations therein mentioned, the said did grant, release, and confirm unto the said [purchaser] and his heirs the and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c., as the case may be], [together with other hereditaments, and] with the appurtenances, To hold the same Unto and to the use of the said [purchaser], his heirs and assigns [or To the uses thereinafter limited and declared and hereinafter mentioned; And it was by the indenture now in recital declared, that the direction, limitation, and appointment, and the grant, release, and confirmation, thereinbefore contained should operate and enure To such uses &c. Uses to bar dower, see the recital, supra, p. 3, or otherwise, as the case may be].

IV. AND WHEREAS, by an indenture of grant, dated &c., and made or expressed to be made between [parties], for the considerations therein mentioned, the said — did grant unto the said [purchaser], his heirs and assigns, the

and hereditaments hereinafter mentioned and intended to be hereby appointed [or granted, &c., as the case may be], with the appurtenances, To hold the same Unto and to the use of the said [purchaser], his heirs and assigns [or Unto