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inbefore released, of the said hereditaments hereinbefore described.” Again, in the recital of the parties to a deed, we may find the addition to each of the names of " therein particularly described,” which conveys no additional information whatever, since every one knows, that a party to a deed is described in it. And when we proceed to the operative part of the instrument, in the recitals of which we have seen this affected accuracy, we meet with a declaration, that the trustees shall stand possessed “ of the share in the trust-monies of the said A. B.," as if the monies and not the share belonged to A. B. Of course, it is obvious, that the expression should be, “ of the share of the said A. B. in the said trust-monies” (a). Another absurd instance of ungrammatical arrangement occurred in a marriage settlement, which was lately before the editor, and which had been prepared in the office of a solicitor of fair consideration in the profession. It was a direction, that, on failure of children, the funds should be in trust “ for such persons as would be entitled thereto, in case the said [intended wife had died intestate and unmarried, according to the statute for the distribution of the personal estate of intestates.” Of course, this would
(a) In a modern conveyancing stantly happens that all parties work of considerable merit, there did not execute, and the draftsis a recommendation to the stu- man can seldom tell what was dent, that, in reciting an inden- the fact, it is more accurate to ture, he should avoid describing mention the indenture as exit as “ made, or expressed to be pressed to be made, than simply made between” the parties. But as made, between all the parties. this is a mistake; for as it con
be taken to mean what it was intended to express,
In most of them it is obvious what the intention of the parties must have beer., however absurdly that intention may have been expressed. But, occasionally, instances of want of accuracy occur, which lead to the necessity of a judicial interpretation, and bewilder the court itself to conjecture the meaning of the language. Thus, in a recent case, (Lucas v. Bond, 2 Keen, 136), the subject of controversy was a deed, by which, after recitals, shewing that A. B. was entitled to a reversionary interest in a moiety of a sum of 2,0001., part of a sum of 20,0001., then invested in 31.
per cent. consols, A. B. assigned to C. D. “ all that the said sum of 1,0001. sterling, being one moiety of the said legacy or sum of 2,0001.” Of course, a proportionate share of the consols did not, on a sale, produce exactly 1,0001.: there was, in fact, a surplus, and the suit was instituted for the purpose of determining, whether the vendor or the purchaser was entitled to that surplus.
No general rules can be laid down for the conduct of the draftsman, in his attempts to attain the ha
bitual use of correct language. He must, of course,
It only remains to explain the plan upon which the manner in the following collection of precedents has been lection of preformed, and to indicate in what manner, in the tended to be opinion of the editor, the forms may be most use
which the col.
cedents is in
fully employed. These volumes are not intended to present an immense variety of precedents, from which the draftsman
may select one very nearly resembling each draft he has to draw. For such a purpose, a much larger space would be required than two or three octavo volumes afford; and therefore, the object of the editor, in accordance both with the plan originally projected by Mr. Martin, and with the editor's own views, has been to present a collection of models of drafts, sufficiently complete to enable any person who has studied it thoroughly, and is competently acquainted with the general rules of law and of framing legal instruments, to construct for himself those fresh forms which fresh combinations of events call for. Collections so Jarge, that their owner is acquainted only with a small portion of the precedents, and refers to the rest from the Index, on the spur of the moment, are of little practical use. The draftsman has always recourse to those few with which he is acquainted, and leaves the rest untouched.
The present Collection is intended not merely to be referred to when a precedent is wanted for business; but also as a series of forms, to be studied and impressed on the mind. The Precedents, with very few exceptions, have been taken from the drafts of a very small number of draftsmen, and those men all acting on the same principles, and habituated to the use of the same language and forms. Those differences, too, of form and language, which, to some extent, always exist in drafts prepared by different persons, have, as far as possible, been removed in the course of preparing the precedents for the press, so
as to make the language and arrangement of the
The notes are designed to be chiefly of a practical Character of