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GRANT of bearing date the — day of —-, and made or expressed
to be made between (parties), the advowson of the rectory veyance to ven- and parish church of — , in the county of , and dors, as joint
diocese of — , was conveyed and assured to the use of -of contract the said A. B. and C. D., their heirs and assigns: AND
whereas the said E. F. hath contracted and agreed with the said A. B. and C. D. for the absolute purchase of the said advowson, and the inheritance thereof, in fee simple in possession, free from incumbrances, at or for the price or sum of £- : NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of the sum of £- , at or immediately
before the sealing and delivery of these presents to the said Receipt. A. B. and C. D., paid by the said E. F., (the receipt of
which said sum of £— they the said A. B. and C. D. do hereby admit and acknowledge, and of and from the same and every part thereof do, and each of them doth acquit, release, and discharge the said E. F., his heirs, executors, administrators, and assigns, for ever, by these presents : They the said A. B. and C. D. have, and each of them hath granted, aliened, and confirmed, and by these presents do and each of them doth grant, alien, and confirm (6) unto the said E. F., his heirs and assigns, All that the advowson (donation, nomination, presentation, free disposition, and right of patronage and presentation (c)], of and
to the said rectory and parish church of — aforesaid, Habendum to And the reversion &c., And all the estate &c. : TO HAVE
(6) “Grant” is the appropriate operative word; the others are mere customary additions.
(c) These are the usual words of description in grants of advowsons, but there cannot be much doubt, that the whole of those within the brackets may be safely dispensed with. They are, however, to be found in the oldest forms of grants of advowsons. (See West's Symb. s. 332, 597).
Of course, no lease for a year is necessary; for the advowson, being an incorporeal hereditament, passes by grant. A wife is dowable of an advowson; (Co. Lit. 379. a.; 3 Cru. Dig. 7); and, therefore, it may be sometimes necessary to convey the advowson to uses to bar dower. (See Precedent XVII. p. 205, for the declaration of uses, and the required alterations in the covenants).
urchaser in ee.
AND TO HOLD the said advowson, donation, nomination, Grant op presentation, free disposition, and right of patronage and . presentation, and all and singular other the premises here- po inbefore granted, or expressed and intended so to be, unto the said E. F., his heirs and assigns, to the use of the said E. F., his heirs and assigns for ever : AND They the said A. B. and C. D. do hereby, for themselves, their heirs, executors, and administrators, covenant (d) with the said E. F., his heirs and assigns, in
(d) The form of covenants for joint tenants is not well settled, Covenants by either by judicial decision, or the practice of conveyancers. In the joint tenants. Precedent in the text, the joint tenants are made to covenant jointly for themselves, their heirs, executors, and administrators, and without any restriction as to their respective acts and deeds; but it is the opinion of many conveyancers, that joint tenants should covenant severally, each only for his own heirs, executors, and administrators, and his and their own acts and deeds. (See a form of such a covenant, ante, Vol. II. p. 687, Art. IX. and the following form: “ And each of them the said A. B. and C. D., so far as relates to his own acts and deeds, and the acts and deeds of his heirs, executors, and administrators, doth hereby, for himself, his heirs, executors, and administrators, covenant with the said E. F., his heirs and assigns, in manner following, &c.” In this case, the words “or either of them," and similar words in the covenants will be exchanged for “respectively,” “respective,” &c., as the case may require.
Perhaps this last form of covenant is the most reasonable, as it is hard to make each joint tenant liable for the acts of his fellow; but, in the absence of a settled rule on the subject, the best course for a purchaser's counsel is to make the covenants joint, as that is the form most advantageous for a purchaser.
The rule with regard to covenants by tenants in common is equally Covenants by involved in difficulty. They covenant severally, and their covenants tenants in comare generally restricted “so far as relates to the undivided share of mon. him the said — of and in the said hereditaments, and the acts and deeds of himself, his heirs, executors, and administrators;" but some practitioners frame the covenants without this restriction, but with a proviso at the end, that no one of the tenants in common shall be liable for damages on his covenants to an amount exceeding the value of his share of the estate. It may be doubted, however, whether this plan is correct, for the true principle seems to be, that such covenants should be entered into by each of the tenants in common, as he would
grfor right to
GRANT or manner following ; (that is to say), that, for and notwith
standing any act, deed, matter, or thing whatsoever, by -for title; them the said A. B. and C. D., or either of them, made,
done, committed, or executed, or knowingly or willingly suffered to the contrary, they the said A. B. and C. D., at the time of the sealing and delivery of these presents, are lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to, the said advowson and premises hereinbefore granted, or expressed and intended so to be, and every part thereof, for a good, sure, perfect, absolute, and indefeasible estate of inheritance in fee simple in possession, without &c., (see page 202]: And that, for and notwithstanding any such act, deed, matter, or thing whatsoever as aforesaid, they the said A. B. and C. D. now have in themselves good right, full power, and absolute authority to grant, alien, and confirm the said advowson and premises hereinbefore granted, aliened, and confirmed, or expressed and intended so to be, unto and to the use of the said E. F., his heirs and assigns, in manner aforesaid,
according to the true intent and meaning of these presents: — for quiet en. And that it shall be lawful for the said E. F., his heirs and joyment;
assigns, from time to time, and at all times hereafter, to present to the said rectory, or parish church of — , afore
enter into if he sold his undivided share separately. In that case, his covenants would extend to the acts only of himself, his heirs, executors, and administrators, and to the share he conveys; and, therefore, when he joins with his co-tenants in selling the entirety, his covenants should be similarly restricted, and quite independent of the question of value. If it were not for the expense, separate sets of covenants should be entered into by each tenant in common; and that being impracticable, the one set used should be so worded as to have the same effect.
The same principle cannot be so well applied to the covenants of joint tenants, although each joint tenant, if he sold his share separately, and so severed the joint tenancy, might, perhaps, object to covenant in any other manner than a tenant in common would do, under similar circumstances.
However, as above noticed, the whole question is in an unsatisfactory condition; some further observations on it will be found in the first Volume, in the chapter on Covenants.
said, when and so often as the same shall become vacant by GRANT OF any means whatsoever, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand, whatsoever, of or 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, or under, or in trust for them or any of them : AND –free from inTHAT free and clear, and freely and clearly, and absolutely cum acquitted, exonerated, and released, or otherwise by them the said A. B. and C. D., or one of them, their or one of their 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, 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 any person or persons lawfully or equitably claiming or to claim by, from, under, or in trust for them or any of them : AND FURTHER, THAT they the said A. B. and C. D., and —for further each of them, their and each of their heirs, and all and assu every other person or persons, 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, or out of the said advowson and premises hereinbefore granted, or expressed and intended so to be, or any part thereof, from, under, or in trust for them, the said A. B. and C. D., or either of them, or their or either of their heirs, shall and will &c. (see page 204]. IN WITNESS &c.
GRANT OF NEXT PRESENTATION,
GRANT by a Tenant for Life (a), of the next
PRESENTATION to a RECTORY.
THIS INDENTURE, made &c. Between A. B., of Parties.
&c. (vendor), of the one part; and C. D., of &c. [purRecital of ven- chaser), of the other part; WHEREAS the said A. B. is dor's seisin;
seised of the advowson and right of presentation of and to the parsonage, rectory, and parish church of - in the county of — , for the term of his life as tenant, by the
curtesy of England (6): AND WHEREAS the said C. D. hath for sale ;
contracted and agreed with the said A. B., for the absolute purchase of the first and next turn or right of presentation in and to the said parsonage, rectory, and parish church, if
the same shall happen to become vacant during the life of -of agreement the said A. B., at or for the price or sum of £- ; AND for absolute co
WHEREAS, upon the treaty for the said purchase, it was
agreed that the said A. B. should enter into such absolute Witnesseth. covenants for title as are hereinafter contained (c): NOW
Sale of next
(a) There will be no difficulty in adapting this Precedent to the presentation, case in which the grant of the next presentation is made by a perwhen vendor is gon absolutely entitled; it will only be necessary to omit the words absolutely entitled;
referring to the contingency of a vacancy falling during the life of
the tenant for life. - by tenant for A contract by a tenant for life for a sale of a next presentation life.
with a covenant, that, if a vacancy do not happen in his lifetime, he, his heirs, executors, or administrators will repay the money, is a valid contract and covenant. (Dymoke v. Hobart, 1 Bro. P. C. 108).
See further, ante, Precedent IV. p. 113, note (a). Curtesy may be (6) A husband will be tenant by the curtesy of an advowson, of an advow
even though the church be not void during the coverture. (1 Inst.
29 a; 3 Cru. Dig. tit. xxi. ch. 1, ss. 26—28). Absolute cove- (c) In the case in the text, the vendor did not shew the title to the nants for title. advowson, and the purchase was made in reliance on his covenants,