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TO USES TO BAR DOWER.

purchaser to bar his widow

vendor that

convey;

CONVEYANCE die, leaving a widow, such widow shall not be entitled to

her dower out of or in the said premises, or any part thereof;

AND THE SAID A. B. doth hereby for himself, his heirs, Declaration by

executors, and administrators, covenant with the said C. D.

low and his heirs, in manner following; (that is to say), that of dower. Covenants by

for and notwithstanding any act, deed, matter, or thing by

him the said A. B. made, done, committed, or executed, power was well created, or knowingly or willingly suffered to the contrary, the

power or authority hereinbefore exercised by the said A. B., -and is in or expressed and intended so to be, was well and effectually force;

created, and the same at the sealing and delivery of these

presents is in full force and virtue, and in nowise suspended, —for right to extinguished, weakened, or become void: AND THAT, for and appoint and

notwithstanding any such act, deed, matter, or thing whatsoever as aforesaid, he the said A. B. now hath in himself good right, full power, and lawful and absolute authority to direct, limit, and appoint; and also to grant, alien, release, and confirm the said hereditaments and premises hereinbefore appointed and released, or expressed, and intended so to be to

the uses and in manner aforesaid, according to the true intent --for quiet en- and meaning of these presents; And that the said herejoyment;

ditaments and premises hereinbefore appointed and released or expressed, and intended so to be, shall, from time to time, and at all times hereafter, go, remain, and be to the uses, upon the trusts, and with, under, and subject to the power hereinbefore limited and declared of and concerning the same, and be peaceably and quietly entered into and upon, and be held possessed, occupied, 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 A. B., or his heirs, or of or by any other person or persons lawfully or equitably

claiming, or to claim by, from, or under, or in trust for him, --free from in- them, or any of them; AND THAT free and clear, and cumbrances;

freely and clearly, and absolutely acquitted, exonerated, released, and for ever discharged, or otherwise, by him the said A. B., his heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless, and indemnified

TO USES TO BAR DOWER.

or mar son or ad A. B.'.

of, from, and against all and all manner of former and other CONVEYANCE estates, titles, troubles, charges, debts, and incumbrances whatsoever, either already had, made, executed, occasioned, or suffered, or hereafter to be had, made, executed, occasioned, or suffered by the said A. B., or his heirs, or by any other person or persons lawfully or equitably claiming or to claim, by, from, under, or in trust for him, them, or any of them: AND FURTHER, that the said A. B. and his heirs, —for further and all and every other person or persons having or claim

ons having on aloim assurance. ing, 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, or out of the said hereditaments and premises hereinbefore appointed and released, or expressed and intended so to be, or any of them, or any part thereof, by, from, or under, or in trust for him the said A. B., or his heirs, shall and will, from time to time, and at all times hereafter, upon every reasonable request to be made for that purpose, by and at the proper costs and charges in the law of the said C. D., his heirs, appointees, or assigns, make, do, acknowledge, and execute, or cause and procure to be made, done, acknowledged, and executed, all and every such further and other lawful acts, deeds, things, devices, appointments, conveyances, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely appointing, conveying and assuring of the said hereditaments and premises hereinbefore appointed and released, or expressed and intended so to be, and every part thereof, to the uses and in manner aforesaid, as by the said C. D., his heirs, appointees, or assigns, or his or their counsel in the law shall be reasonably advised or devised and required. In witNESS &c.

every poe said Cisel in the

XVIII.

BARGAIN and SALE (a)

XIX.

FEOFFMENT.

FEOFFMENT (6).

Parties.

THIS INDENTURE, made &c., Between A. B., of &c. [vendor), of the first part; C. D., of &c. (purchaser), of the second part; E. F., of &c. [attorney to deliver seisin), of the third part; G. H., of &c. [attorney to receive possession), of the fourth part; [recites contract as in Precedent XVI., p. 193, substituting forreleased," "granted and enfeoffed ”]: NOW THIS INDENTURE WITNESS

Recitals.

(a) No precedent has been given of a bargain and sale, as it is a form of conveyance which is hardly ever used at the present day. If, however, for any reason it be required to frame one, the object may be easily accomplished by means of Precedent XVI., by using the operative words“ bargain and sell," instead of “grant, alien, and release.” Of course, the references in the habendum and covenants will need corresponding alterations. With respect, generally, to bargains and sales, see 2 Saund. on Uses, 43; 4 Cruise, Digest, 97.

(6) Feoffments are occasionally, but very rarely, used; they are most common in small transactions in the country, when the parties live on the spot and it is desired to avoid the expense of the lease for a year. The only peculiarity in the instrument is the introduction of the appointment of the attornies to deliver seisin, and receive possession, and the indorsement of the memorandum of livery of seisin. If the parties intend to deliver seisin and take possession themselves, the appointment of the attornies will be omitted. With respect to feoffments generally, see 2 Saund, on Uses; 4 Cruise, Digest, 46.

PEOFFMENT.

title.

ETH, that, in consideration &c., [as in Precedent XVI., Peoppment. p. 194], he the said A. B., hath granted, aliened, enfeoffed, Witnesseth. and confirmed, by these presents doth grant, alien, enfeoff, and confirm unto the said C. D. and his heirs, ALL, &c. (parcels-general words), TO HAVE AND TO HOLD the said pieces of land and hereditaments, and all and singular Habendum. other the premises hereinbefore granted and enfeoffed, or expressed and intended so to be, unto the said C. D., his heirs and assigns, to the use of the said C. D., his heirs and assigns, for ever; (covenants for title as in Precedent XVI., Covenants for substituting granted and enfeoffed,” for “ released,” and omitting the words referring to the wife]: AND THE SAID Appointment of

attorney to deA. B. hath nominated, constituted, and appointed, and by

A, and by liver seisin. these presents doth nominate, constitute, and appoint the said E. F., the true and lawful attorney of and for him the said A. B., and in his name and stead, to enter into and take full and quiet possession and seisin of all and singular the said pieces of land and hereditaments, or of any part thereof, in the name of the whole, and then to deliver full, quiet, and peaceable possession and seisin of all and singular the same hereditaments, or any part thereof, in the name of the whole, unto the said C. D., or to the said G. H., his attorney hereinafter in that behalf lawfully authorized according to the form and effect, and the true intent and meaning of these presents: AND THE SAID C. D. Appointment of hath nominated, constituted, and appointed, and by these de

attorney to represents doth nominate, constitute, and appoint the said sion. G. H. the true and lawful attorney of and for him the said C. D., and in his name and stead to enter into and upon the said pieces or parcels of land and hereditaments, or any part thereof, in the name of the whole, and then to receive and take of and from the said A. B., or his said attorney, full, peaceable, and quiet possession and seisin of all and singular the said hereditaments, or of any part thereof, in the name of the whole, and such possession and seisin so taken to hold unto and to the use of the said C. D., his heirs and assigns, according to the form and effect, and the true intent and meaning of these presents. IN WITNESS &c.

ceive posses

PEOFPMENT.

MEMORANDUM of Livery of Seisin.

sin.

Memorandum

BEIT REMEMBERED that, on this day of — , of livery of sei- in the year first within written, the within named E. F. as

the attorney of and for the within named A. B., and in his name and stead, did enter into and take full, quiet, and peaceable possession and seisin of the within mentioned pieces of land and hereditaments, and did then deliver full, quiet, and peaceable possession of the same, unto the within named G. H., as the attorney in that behalf of and for the within named C. D., to hold unto and to the use of the said C. D., his heirs and assigns, according to the form and effect, and the true intent and meaning of the within written indenture, in the presence of us,

} Witnesses.

XX.

COVENANT TO STAND SEISED.

COVENANT to staND SEISED (a).

(a) This form of conveyance is altogether obsolete, and for that reason no precedent of it is given. The nature and operation of a covenant to stand seised are explained in 2 Saund. on Uses, 79; 4 Cru. Digest, 106.

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