hereditaments hereinbefore mentioned, and intended to be hereby granted and released, and covenanted to be surrendered, and from and after such sale or sales, at the request, costs, and charges of the purchaser or purchasers of the same hereditaments and premises, his, her, or their heirs or assigns, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, matters, and things, devices, conveyances, and assurances in the law, for the further, better, more perfectly, and absolutely granting, conveying, assuring, and surrendering the said messuages, lands, and other hereditaments herein before granted and released, and covenanted to be surrendered, or expressed and intended so to be, with their appurtenances, unto and to the use of the said A. B., his heirs and assigns, upon the trusts, and to and for the intents and purposes herein before mentioned, expressed, and declared of and concerning the same, until such sale or sales as aforesaid; and from and after such sale or sales, unto and to the use of the purchaser or purchasers of the same hereditaments and premises, his, her, and their heirs and assigns, as by the person or persons requiring any such further assurance or assurances to be made, his, her, their, or any of their counsel in the law, shall be reasonably advised or devised and required (a); And moreover that he To join in sales the said C. D., his heirs, executors, administrators, and assigns, shall and will join and concur in the making of any chasers. sale to be made, or proposed to be made, by the said A. B., his heirs or assigns, under or by virtue of the trusts hereinbefore contained, and in executing the several conveyances and assurances of the said messuages, lands, and other hereditaments to the purchaser or purchasers thereof, or of any of them, and enter into all usual and reasonable covenants with such purchaser or purchasers, his, her, and their heirs and assigns, for the estate, title, possession, and further assurance of the said premises, or such of them as shall be sold, or do any other reasonable act or acts for confirming such sale or sales; nevertheless it is hereby agreed and de

(a) Here insert the usual proviso enabling the mortgagor to hold the premises and receive the rents, &c., until default. Vide Form in art. lxi.

and conveyances to pur

For title to

freehold estate (In settlements).

right to con

vey (b).

clared, that the joining of the said C. D., his heirs, executors, administrators, or assigns, in any such sale or sales, conveyance or conveyances as aforesaid, shall not in any wise be deemed or considered as essential or necessary to perfect the title of the purchaser or purchasers of the said hereditaments and premises, or any part thereof, the same being intended only for the further satisfaction of such purchaser or purchasers (a).

LXIII. Covenant, promise, and agree with and to the said A. B. and C. B., their heirs and assigns, by these presents, in manner following; (that is to say), that for and That settlor has notwithstanding any act, deed, matter, or thing whatsoever by him the said C. D. or the said E. F., or any person claiming under him, made, done, committed, or executed, or knowingly or willingly suffered to the contrary, he the said C. D. now hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, release, and confirm, settle and assure the manors, lands, tenements, and other hereditaments hereinbefore granted, released, and confirmed, or expressed and intended so to be, with the appurtenances thereunto belonging, to the uses, upon the trusts, to and for the intents and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinbefore limited, expressed, or declared of or con

(a) This covenant owes its introduction to the doubts which at one time were entertained of the validity of a conveyance under the power or trusts for sale without the concurrence of the mortgagor,-doubts which were supposed to be countenanced by the case of Croft v. Powell, Comyn's Rep. 603. These doubts, however, are now no longer entertained, and the covenant in question may be dispensed with. Clay v. Sharpe, 18 Ves. 344; App. xv. to Sugd. Vend. & Pur.; Corder v. Morgan, 18 Ves. 344. These cases have clearly established that a purchaser cannot object to the conveyance on the ground that the mortgagor does not concur, even if he covenanted with the mortgagee to join in the sale and conveyance; such a covenant being only personal to the mortgagee, a mere contract between the parties.

(b) Some practitioners introduce also a covenant for seisin (vide Form in art. xlv.); but where brevity is an object, it may be dispensed with; and indeed a covenant for further assurance is often alone inserted. Vide Form in art. lxv.

That settled

estates shall go

to the uses de

clared thereof.

For quiet en

joyment.

cerning the same respectively in manner aforesaid, and according to the true intent and meaning of these presents; and that all and singular the said manors, lands, tenements, and other hereditaments hereinbefore granted, released, and confirmed, or expressed and intended so to be, with their appurtenances, shall and may from time to time, and at all times after the solemnization of the said intended marriage, go and remain to the uses, upon the trusts, and to and for the intents and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinbefore limited, expressed, or declared of or concerning the same; and shall and may be peaceably and quietly entered into and upon, and be held, used, occupied, possessed, and enjoyed, and the rents, issues, and profits thereof, and of every part thereof, had, received, and taken accordingly, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever of or by him the said C. D., or his heirs, or any other person or persons lawfully or equitably claiming or to claim by, from, or under or in trust for him, them, or any of them, or by, from, or under the said E. F. (except as hereinbefore is mentioned); and that free Free from inand clear, and freely and clearly and absolutely acquitted, exonerated, released, and for ever discharged, or otherwise by the said C. D., his heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales, mortgages, jointures, dowers, right and title of dower, uses, trusts, entails, wills, reversions or remainders in the Crown (a), statutes merchant or of the staple, recognizances, judgments, extents, elegits, executions, rents, arrears of rent, annuities, legacies, sums of money, yearly payments, forfeitures, reentries, cause and causes of forfeiture and re-entry, debts of record, debts due to the Queen's Majesty, and of, from, and against all other estates, titles, troubles, charges, debts, and incumbrances whatsoever, either already had, made, executed, occasioned, or suffered, or hereafter to be had, made,

cumbrances.

(a) Vide Vol. 1, Book 1, Chap. 11, art. xlii.

For further assurances.

executed, occasioned, or suffered by the said C. D. or his heirs, or by any person or persons lawfully or equitably claiming or to claim by, from, or under, or in trust for him, them, or any of them, or by the said E. F., or any person claiming by, from, or under him, (other than such leases thereof, or of any part thereof as are now subsisting, and also other than and except &c.) (a); and further that he the said C. D., and his heirs, and all and every other persons and person having or claiming, or who shall or may have or claim any estate, right, title, interest, inheritance, use, trust, property, claim, or demand whatsoever, either at law or in equity, of, in, to, from, or out of the said manors, messuages, lands, and other hereditaments hereinbefore granted, released, and confirmed, or expressed and intended so to be, or any of them, or any part thereof, by, from, under, or in trust for him the said C. D. or his heirs, or by, from, or under the said E. F., (other than and except any person or persons claiming or to claim under or by virtue of the lease or leases or other incumbrances hereinbefore excepted), shall and will from time to time, and at all times after the solemnization of the said intended marriage, at the request of the said A. B. and C. B., or the survivor of them, or the heirs or assigns of such survivor, or any other person or persons interested in the premises, make, do, acknowledge, and execute, or cause and procure to be made, done, acknowledged, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the further, better, more perfectly, and absolutely conveying, limiting, and assuring of the said manors, messuages, lands, and other hereditaments hereinbefore granted, released, and confirmed, or expressed and intended so to be, and every of them, and every part thereof, with their appurtenances, to the uses, upon the trusts, to and for the intents and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinbefore limited, expressed, declared, and contained of or concerning the same in manner

(a) Vide Tit. X. art. xlv. note, pp. 705–709, for Forms of exceptions.

aforesaid, and according to the true intent and meaning of these presents, and for otherwise corroborating and confirming these presents, and every clause, matter, and thing herein contained, as by the said A. B. and C. B., or the survivor of them, or the heirs of such survivor, or any other person or persons interested in the premises, or their, his, or any of their counsel in the law shall be reasonably advised or devised and required.

LXIV. Covenant, promise, and agree with and to the For title to said A. B. and C. D., their heirs and assigns, by these freeholds and precopyholds. sents, in manner following; (that is to say), that for and (Short form in notwithstanding any act, deed, matter, or thing whatsoever settlements). by him the said E. F., or any persons claiming under him, made, done, committed, or executed, the freehold hereditaments hereinbefore released, and the copyhold hereditaments hereinbefore covenanted to be surrendered as aforesaid, are and shall by these presents, and the surrender so covenanted to be made as aforesaid, be well and effectually vested in them the said A. B. and C. D. for an estate of inheritance to them and their heirs, according to the nature and quality thereof respectively, (subject nevertheless to the estate for life of the said G. H. therein); and the said freehold and copyhold hereditaments shall (subject as aforesaid) be by the said A. B. and C. D., their heirs and assigns, quietly held and enjoyed according to the nature and quality thereof respectively, upon the trusts hereinbefore declared of and concerning the same; and that free and clear of all adverse estates, rights, and titles, and all charges and incumbrances whatsoever made or executed by the said E. F. or any person claiming under him; and that he the said E. F., and his heirs, and all persons claiming or to claim any estate in the premises by, from, under, or in trust for him or them, shall and will upon every reasonable request of the said A. B. and C. D., their heirs or assigns, make, do, and execute, or cause and procure to be made, done, and executed, all such further and other acts, deeds, matters, things, conveyances, surrenders, and assurances in the law whatsoever, for the further and better assuring and conveying the said freehold and copyhold hereditaments, according to the na