UNDER A SALE CONVEYANCE and personal property of every description, situate, lying, and being in the city of and elsewhere, that she might be possessed of at the time of her death, both in possession, reversion, and expectancy to her friend the said C. D., in trust for F. L. C., the son of R. C., his heirs and assigns, in case he attained the age of twenty-one years, but if he died before attaining twenty-one, then upon trust for, and she gave all her said estate to J. D., daughter of the said C. D., her heirs and assigns for ever, and in case said F. L. C. attained twenty-one years, then he was to raise and pay out of her said estates, the sum of £500 to the said J. D., her heirs and assigns, and the said testatrix directed all her just debts to be paid: AND WHEREAS the said A. A. died on or about the withday of out having revoked or altered her said will, leaving the said A. B., her nephew, her heir at law: AND WHEREAS the said F. L. C. and J. D. are both now infants: AND WHEREAS (b) by a decree or decretal order (c), made on the -of death of testatrix, leaving A. B. heirat-law; -of beneficial devisees being Recitals of Chancery proceedings. (b) It is usual to recite Chancery proceedings in the form in the text, chiefly because the conveyancer is very seldom furnished with a brief of the bill. But the more formal and regular method of recital, is to state that the plaintiffs filed their bill against the defendants, praying that, &c. (setting forth the material part of the prayer), that the several defendants appeared and put in their answer, and that by a decree made &c., it was declared &c. The form in the text departs from the correct order, because it states the decree before the name of the suit in which the decree was made; but it is more concise than the strictly regular recital, and is not, in ordinary cases, attended with any serious inconvenience. In the recital in the text, all the parties to the suit are mentioned; but when they are numerous, it is usual to recite that the decree was made in a cause "in which the said and all other persons interested or entitled under the said will, were plaintiffs, and the said were defendants," or to employ some similar form of recital. The essential point is to shew, either by mentioning the names, or by stating the fact, that all necessary persons were parties to the suit; because the equity of those who are not parties, is not bound by the decree. It does not appear in the precedent, why the AttorneyGeneral was a defendant. (c) The books of Chancery practice do not appear to lay down distinctly the difference between a decree, and a decretal order. But it day of CONVEYANCE UNDER A SALE IN CHANCERY. tatrix's real es tate, for pay ment of her debts: in a cause in the High Court of Chancery, in which A. M., on behalf of herself and all other the creditors of the said A. A., was plaintiff, and the said C. D., the said F. L. C., by the said R. C. his guardian, the said J. D., by F. B. her guardian, and his Majesty's Attorney-General, were defendants; it was declared that the said will of the said A. A., was well proved, and that the same ought to be established, and the trusts thereof performed and carried into execution, and the said court did order and decree the same accordingly, and it was thereby also declared, that the real estate of the said testatrix was liable to make good the deficiency of her personal estate, to pay and satisfy her debts, and it was thereby ordered that the real estate of the said testatrix should be sold with the approbation of Master, one of the masters of the said court, to the best purchaser or purchasers that could be got for the same, to be allowed of by the said master, wherein all parties were to join as the said master should direct; and it was thereby also ordered, that the money to arise by the said sale, should be paid into the bank with the privity of the accountant-general of the said court, to be there placed to the credit of the said cause: AND WHEREAS, in pursuance of the said decree or decretal of sale by order, the said messuage and hereditaments hereinafter auction; particularly mentioned and intended to be hereby released, and also several other hereditaments were, with the approbation of the said master, put up to sale by public auction, on the day of last, in three lots, by a particular of sale, (the first lot comprising the said messuage and other hereditaments hereinafter particularly mentioned and intended to be hereby released), and at the said sale, the tween a decree and a decretal order. would seem that a decretal order is a preliminary direction, made Distinction bewith a view to inquiry, and either at, or before, or after the hearing ; sometimes such an order is termed interlocutory, although strictly all decrees are interlocutory until signed and inrolled. A decree simply, is the determination of the rights of the parties, and is made either at the hearing, or on further directions. (See 12 Ves. 315). This explanation is less ample than might be desired, but the meaning of the terms is not very material for conveyancing purposes. CONVEYANCE said E. F. was declared the best bidder for and purchaser UNDER A SALE of the said messuage and hereditaments comprised in the IN CHANCERY. -of the Mas ter's report of the sale; -of confirma tion of the report; -of payment of the purchase money into the Bank; -of order for the infant, ulti mately becoming entitled to convey, on attaining twenty one. Conveyance by said first lot, at or for the price or sum of £—, and the WHEREAS by an order of the said court made in the said lute: AND WHEREAS in obedience to the said decree or by an order of the said court, made in the said cause on day of (d) The words in brackets are not needed, as it is of no consequence for the purpose of conveyance, by what evidence the payment is proved. ancer, (e) The recitals in this draft, were settled by an eminent conveyin consultation with an equity draftsman of high reputation. It was suggested in a note, that an order should be obtained for F. L. C. to convey, in case of his attaining twenty-one, and for J. D. or her heirs, to convey if F. L. C. died under that age. The commencement of the recital of the intended order, is given in the text, and it may be observed, that the material parts of orders of courts of equity, should be stated literally. Since the precedent in the text was settled, it has been enacted by the statute 11 Geo. 4 & 1 Will. 4, c. 47, sect. 11, that if in any suit in any court of equity for the payment of any debts of any person or persons deceased, to which their heir or heirs, devisee or devisees, may be subject or liable, such court of equity shall decree the estates liable to such debts, or any of them, to be sold for satisfaction of such debt or debts, and by reason of the infancy of any such heir or heirs, devisee or devisees, an immediate conveyance thereof could not, as the law stood before the statute, be compelled, in every such case such court shall direct and, if neceesary, compel such infant or infants to convey such estates so to be sold, (by all proper assurances CONVEYANCE UNDER A SALE Witnesseth. Conveyance by law and de NOW THIS INDENTURE WITNESSETH, that in obedience to the said decree or decretal order in this behalf, and for conveying such estate or interest as may be vested in the said A. B. and C. D., or either of them, of or in the said messuage and hereditaments hereinafter particularly men- the heir-attioned and intended to be hereby released with the appur-visee, in trust. tenances, to the uses upon the trusts, and under and subject to the power hereinafter limited and declared of or concerning the same, and in consideration of the said sum of £paid by the said E. F. into the bank of England as aforesaid, he the said A. B., according to his estate and interest (if any) as heir-at-law of the said A. A., of or in the said messuage and hereditaments hereinafter particularly mentioned, and intended to be hereby released, and the said C. D., according to his estate and interest (if any) as devisee under Operative so Consideration. in the law), to the purchaser or purchasers thereof, and such conveyances are to be effectual accordingly. It has been decided that the statute extends to the heir of a devisee; (Brook v. Smith, 2 Russ. & My. 73); and that an infant tenant in tail may be ordered to convey by an inrolled deed, in pursuance of the statute 3 & 4 Will. 4, c. 74. (Radcliffe v. Eccles, 1 Keen, 130; see, too, Price v. Carver, 3 My. & Cra. 157; Anon., 1 You. & Col. 75). By the 12th section of the stat. 11 Geo. 4 & 1 Will. 4, c. 47, persons having a life or other limited interest, may convey the fee, if the estate is to be sold under a decree for payment of debts. It is usual so to word decrees, that the draft shall not be settled by the master, unless the parties differ. (1 Sugd. V. & P. 63; Seton on Decrees, 27). When this mode is adopted, the business (if the parties agree), is transacted in the same way as upon a sale by private contract, and of such nature appears to be the conveyance in the text. If the master's approval of the drafts is required or taken, the following recital should be introduced: hath settled and "And whereas the said master approved of these presents, and the indenture of lease for a year, on which the same is grounded, as proper conveyances and assurances of the said and other hereditaments hereinafter particularly mentioned, and intended to be hereby released, and hath testified such approval by signing his name in the margin of the same indentures." The master usually signs every skin. (1 Sugd. V. & P. 63). words. Settlement of draft by Master in Chancery. CONVEYANCE UNDER A SALE IN CHANCERY. the said will, of or in the same messuage and hereditaments, have and each of them hath released, and by these presents, do and each of them doth release unto the said E. F., (in his actual possession now being by virtue of a bargain and sale thereof to him made by the said A. B. and C. D. in consideration of five shillings a piece &c. [See Precedent XVI.], and his heirs, ALL THAT messuage (f) &c. [parcels], General words together with all outhouses, edifices, buildings, cellars, sollars (g), areas, courts, court-yards, warehouses, pumps, cisterns, privies, sewers, gutters, drains, wydraught (h), backsides, ways, paths, passages, lights (i), easements, Parcels. for houses in towns. Description of houses in towns. Description of property by maps and schedule. The right to light. (f) Houses in towns should be described, not only by reference to the number of the street, but also by reference to a map or plan drawn in the margin of or annexed to the conveyance. The number alone does not sufficiently define the limits of the property. It is frequently accompanied by the measurements, but a plan with the measurements marked on it, affords by far the best description. It may be observed, that in nearly all conveyances, a plan is desirable, and if there be one in existence, a copy of it should be drawn on or annexed to, and referred to in the deed. It is most usual to describe property in the body of the deed, but whenever it consists of many pieces of land, the clearest description is made by a schedule and plan. The schedule describes each piece by its name, tenancy, and number in the plan, and gives the quantity of land it contains. Houses and small properties are most conveniently described in the body of the deed. (9) A sollar is an upper room or garret. (See Jac. Law Dic. Solarium). (h) A wydraught is a watter-passage, gutter, or watering-place. (Jac. Law. Dict.). (i) Before the stat. 2 & 3 Will. 4, c. 71, the right to light was acquired by an uninterrupted enjoyment for twenty years, if the owners of the property, who could have obstructed the light, had a sufficient estate in their property to bind it by their acquiescence. (Cross v. Lewis, 2 B. & C. 686; Moore v. Rawson, 3 B. & C. 332; except in the city of London, Wynstanley v. Lee, 2 Swanst. 333). And, now, by the above stat. s. 3, when the access and use of light to and for any building shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary, notwithstanding, unless it shall appear that |