UNDER A POWER OF SALE. General words for manors and and this behalf, and at the request, and by the direction of the CONVEYANCE said C. D., (signified as aforesaid), and with the privity and consent of the said G. H., (testified by his being a party to, and executing these presents), he the said A. B. doth, Appointment. by this present deed or instrument in writing, by him the said A. B. sealed and delivered, and intended to be attested as hereinbefore is mentioned, limit, declare, and appoint, that ALL THAT the manor or lordship, or reputed Parcels. manor or lordship of in the county of and all those several pieces or parcels of land, &c. [parcels]; together with all and singular (k), meadows, pastures, heaths, moors, marshes, wastes, waste grounds, folds, fold courses, and liberty of foldage, feedings, parks, warrens, commons, common of pasture, common of turbary, mines, minerals, quarries, mills, multures, customs, tolls, duties, furzes, trees, woods, underwoods, coppices, and the ground and soil thereof, mounds, fences, hedges, ditches, ways, waters, watercourses, fishings, fisheries (1), fowlings, warrens, courts leet, courts baron, and other courts, view of frankpledge, and all that to view of frankpledge doth belong, reliefs, heriots, fines, sums of money, amercements, goods and chattels of felons and fugitives, felons of themselves, outlawed persons, deodlands, waifs (m), estrays, chief rents, quit-rents, rents-charge, rents-seck, rents of assize, feefarm-rents, boons, services, royalties, jurisdictions, franchises, liberties,. privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever, (*) With regard to the rights and appurtenances of manors, in- General words formation will be found in Burton's Law of Real Property, ch. vi. for manors. s. 1, and page 385, Art. 1160, 1164. (Cru. Dig. Vol. iii. Tit. xxvii.). If houses are part of the property conveyed, some additional general words should be taken from those in the preceding form, and inserted in the proper place. warren. (1) See the works mentioned in the preceding note, and The Duke Fishery and of Somerset v. Fogwell, 5 B. & C. 875, with regard to fishery and rights of fishing; and in respect of Warrens, see Morris v. Dimes, 1 Ad. & Ell. 654. (m) In some cases it may be desirable to add "wrecks." (See Cru. Wreck and Dig. Tit. xxvii. ss. 59, 64; Talbot v. Lewis, 1 Cro. Mee. & Ros. 494). ferry. A ferry, too, is a franchise, (Huzzey v. Field, 2 Cro. Mee. & Ros. 432). CONVEYANCE UNDER A POWER OF SALE. sion, &c. To uses to bar dower. to the said manor, lands, hereditaments, and premises belonging, or anywise appertaining, or with the same or any of them respectively, now or at any time heretofore demised, leased, held, used, occupied, or enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, or member of them, or any of them, or appurtenant thereto, with And the rever their and every of their appurtenances; AND the yearly, and other rents, issues, and profits, of all and singular the said manor, hereditaments, and premises hereby appointed, or intended so to be (n), shall henceforth go, remain, and be to the uses, &c. [common uses to bar dower in favour of E. F., with a declaration to preclude a future wife from dower. See Precedent XVII.]; AND he the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said E. F., his heirs and ascluded himself signs (o), that he the said A. B. hath not, at any time heretofore, made, done, committed, or executed, or knowingly or willingly suffered or been party or privy to any act, deed, matter, or thing, whereby, or by reason or means whereof, he is in anywise hindered or prevented from making such sale as herein before is mentioned, or from exercising the power of revocation and appointment hereinbefore by him exercised or intended so to be in manner aforesaid, according to the true intent and meaning of these presents (p); AND the said C. D. doth Covenant by the trustee that he has not pre from exercising his power. Covenants by the tenant for life. Covenants will not run with the land. Covenants by trustees (n) The estate clause is not used in appointments, because the appointor does not appoint his own estate, but the estate which was made subject to his power, by the instrument creating the power. (0) When the conveyance is by appointment, as here and in Precedent XVII., the covenants for title will not run with the land, because the appointees take under the instrument by which the power was created; and, consequently, there is no privity of estate between the covenantor and the covenantees. (See ante, Vol. i. Art. Covenants; 2 Sugd. V. & P. ch. xiii. s. 1). Where there is a releasee, the covenants should always be entered into with him and his heirs, as they will then run with the land, for the benefit of all the persons in whom the statute executes a use, declared on the seisin of the releasee. See the authorities above cited. (p) It is the well-settled practice of conveyancers, that a trustee never enters into any covenant, except a covenant that he has not CONVEYANCE UNDER A POWER OF SALE. tee's power was force, hereby for himself, his heirs, executors, and administrators, covenant with the said E. F., his heirs and assigns, in manner following; (that is to say), that for and notwithstanding any act, deed, matter, or thing, by him the said That the trusC. D., or any of his ancestors, made, done, committed, or well created, executed, or knowingly or willingly suffered to the contrary, the power or authority hereinbefore exercised by the said A. B., or intended so to be, was well and effectually created; and the same at the sealing and delivery of --and is in these presents is in full force, and in no wise suspended, extinguished, weakened, or become void; AND THAT, for and notwithstanding any such act, deed, matter, or thing life, has power whatsoever as aforesaid, he the said C. D., now hath in to consent, himself full power to make such request, and give such direction as aforesaid; and the said A. B. now hath in himself good right, full power, and lawful and absolute tee to appoint; authority to limit, declare, and appoint the said hereditaments and premises herein before appointed or expressed, and intended so to be, to the uses and in manner aforesaid, according to the true intent and meaning of these and that he, the tenant for and the trus presents; AND THAT the said hereditaments and pre--for quiet enmises hereinbefore appointed or expressed, and intended joyment; 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 herein before limited, declared, and contained of and concerning the same, and be peaceably and quietly entered into and upon, and be held possessed, occupied, and enjoyed, and the rents, done any act which prevents his exercising his power, or releasing, as the case may be; or any act, whereby the estate may be incumbered. If the estate is in him, the covenant is generally simply that he has done no act whereby the estate may be incumbered, without reference to his right to convey. And, certainly, it is very reasonable that a trustee's covenants should be strictly confined to his own acts and those of persons claiming through him; but there seems no reason at all why he should not covenant in the usual way for further assurance by himself, and persons claiming through him. However, the established practice is, that a trustee does not covenant for further assurance, and it is in vain to attempt to alter the rule. The above observations apply to the covenants of mortgagees, assignees, and others in similar situations. do not extend to further assurance. UNDER A cumbrances; CONVEYANCE 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 them the said A. B. and C. D., or either of them, their or either of their 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 them or any of them, or by, from, or under any of the ancestors of the -free from in- said C. D.; AND THAT free and clear, and freely and clearly, and absolutely acquitted, exonerated, released, and for ever discharged, or otherwise, by him 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 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. and C. D., or either of them, their or either of their heirs, or by any other person or persons lawfully or equitably claiming or to claim by, from, under, or in trust for them or any of them, or any of the ancestors of the said C. D.; AND FURTHER THAT they the said A. B. and C. D., and each of them and each of their heirs, and all and every other person or persons, having or claiming, or who shall or may have or claim any estate, right, title, interest, use, trust, property, power, authority, claim, or demand whatsoever, either at law or in equity of, in, to, out of or over the said hereditaments and premises hereinbefore appointed or expressed, and intended so to be, or any of them, or any part thereof, by, from, or under, or in trust for them the said A. B. and C. D., or either of them, their or either of their heirs, or by, from, or under any of the ancestors of the said C. D., 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 E. F., 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 -for further assurance. UNDER A POWER OF assurances, in the law whatsoever, for the further, better, cONVEYANCE more perfectly, and absolutely appointing, conveying, and assuring of the said hereditaments and premises hereinbefore appointed, or expressed and intended so to be, and every part thereof, to the uses and in manner aforesaid, as by the said E. F. and his heirs, appointees, or assigns, or his or their counsel in the law shall be reasonably advised or devised, and required. IN WITNESS &c. XXII. CONVEYANCE in pursuance of a SALE under CONVEYANCE UNDER A SALE IN CHANCERY. THIS INDENTURE made &c., BETWEEN A. B., of Parties. &c. (the nephew and heir at law of A. A., late of &c., spinster, deceased), of the first part; C. D., of &c. ( a devisee under the last will and testament of the said A. A.), of the second part; E. F., of &c. [purchaser], of the third part; and G. H., of &c. [trustee], of the fourth part: WHERE- Recital of will As the said A. A., being seised or entitled for an estate of of testatrix. inheritance in fee-simple in possession, of or to the messuage and hereditaments hereinafter particularly mentioned and intended to be hereby released, duly made, signed, and published her last will and testament in writing, bearing date the day of, and thereby gave, devised, and bequeathed all her freehold, copyhold, leasehold, (a) The law relating to sales under the authority of the courts of equity, is fully treated of in Sugd. V. & P. Ch. 11; and references to the recent orders and decisions, will be found in the first volume of this work. |