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ation of term.
the second part, G. H. of &c., and J. K. of &c. (pur- ASSIGNMENT
OF ATTENDANT chasers] of the third part, and L. M. of &c. [the pur-" "TERM. chasers' trustee), of the fourth part: WHEREAS, by an in- Recital of credenture bearing date the day of – and made or at expressed to be made between the parties], the said — and — did demise unto the said — , his executors, administrators, and assigns, ALL THAT &c. (parcels], with the rights, members, and appurtenances to the same premises belonging, to hold the same unto the said his
instruments, and events, affecting the fee subsequently to that period, and concluding of course with the conveyance to the purchaser. And a separate chain of recitals will, if necessary, be added of all deaths, wills, administrations, and other incidents by which the term has been affected since the last assignment. This is one of the instances in which there are two distinct sets of recitals in one deed, each following its own order of date, independently of the other. It would diminish instead of adding to the clearness of the statement if the two chains of recitals, which in themselves are quite distinct, were blended in one chain, with an uniform order of date. See supra, p. 11.
It is usual to make the assignment of a term bear even date with the conveyance on the occasion of which it is executed, and to make the vendor and all the incumbrancers, or other conveying parties, join in the deed of assignment, in order to direct the assignment. But this cannot be considered essential, and in practice, when the conveying parties are numerous, many of the less important are not made parties to the assignment of the term, in order to avoid the expense of obtaining the perusal of it on their behalf, and the execution of it by them. In fact, it is not necessary for any of the vendors or conveying parties to be parties to the assignment, for as soon as the purchase-deed is executed the trustee of the term becomes a trustee for the purchaser, and may be compelled forthwith, or at any subsequent time, to assign the term to a trustee of the purchaser's nomination. The concurrence of the immediate vendor is no more necessary than that of any other persons who have been for a time interested in the fee since the last assignment, and who are never made parties. It is said to be the practice of some conveyancers not to give any recitals affecting the fee, except the conveyance on which the last assignment was made, and the conveyance to the purchaser, and to satisfy the trustee as to the mesne devolution of the fee by the production of an abstract of title. But this is certainly an unusual practice.
Some further information on this subject may be obtained from the perusal of the precedent in the text, and the subsequent notes thereon. See, too, the next precedent.
ASSIGNMENT executors, administrators, and assigns, from the date
thereof, for the term of years, by way of mortgage (6):
AND WHEREAS, by divers mesne assurances and acts in the -of the last
law, and ultimately by indentures of lease and release, the reversion on which the
bearing date respectively the 15th and 16th days of April, term was as 1819, the release being made or expressed to be made besigned.
tween (parties], the reversion, freehold, and inheritance, expectant on the said term of years, of and in the said messuage, lands, hereditaments and premises hereinbefore particularly mentioned and comprised in the same term, were conveyed and assured to such uses, upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, provisoes, and declarations, as the said T. B. should, in manner therein mentioned, appoint, and in default of and until and subject to such appointment, to the use of the said T. B. for his life, with remainder to the said T. P., his executors, administrators, and assigns, during the life of the said T. B., in trust
for him and his assigns, with remainder to the use of the -of the last said T. B. his heirs and assigns: AND WHEREAS, by divers assignment of the term.
mesne assignments and acts in the law, and ultimately by (c) the said indenture of the 16th day of April, 1819, the said premises comprised in the said term of years
(6) It is not necessary to state the nature and amount of the mortgage as in a common recital, for the subsequent recitals shew that the objects of the deed, whatever they were, were fulfilled before the last assignment of the term. And so, if the term were created by settlement, it will be sufficient to recite “thạt by an indenture bearing date &c., and made &c., All that (parcels to be assigned] were, with the appurtenances, conveyed and assured to the uses therein mentioned, including a limitation to the use of A. B. and C. D., their executors, administrators, and assigns, for the term of years, to commence from — , upon the trusts therein declared of the same."
(c) If the last assignment of the term were not made by the same deed as the corresponding conveyance of the freehold, the recital will be, “an indenture bearing date the day of — , and made, or expressed to be made, between (parties]." And if the last conveyance and the assignment bear even date they may be distinguished as the “indenture of release of the day of " and “the indenture of assignment of the day of "
were assigned to the said E. J., his executors, administra- ASSIGNMENT tors, and assigns (d), for all the residue then to come of the °F said term, in trust for the said T. B., his heirs, appointees, and assigns, to be assigned and disposed of from time to time as he or they should direct or appoint, and in the meantime in trust, and to the intent, that the residue of the said term of years, might wait upon and attend the freehold reversion and inheritance of the same hereditaments and premises, for the sole use and benefit of the said T. B., his heirs, appointees, and assigns, and to protect the same from all subsequent incumbrances, if any such there were (e): AND WHEREAS, by an indenture bearing date the
--of mortgage of the reversion
for a term. (d) There is an obvious inaccuracy in this form of recital; for it is Re
Remarks on the not by the divers mesne assignments and acts in the law and the ulti- form of recital. mate indenture that the premises are assigned to E. J., his executors, administrators, and assigns, but by the ultimate indenture only. Hence the recital is often given, that “by divers mesne assignments and acts in the law, and ultimately by an indenture &c., the said premises comprised in the said term of years, became vested in the said E. T. for all the residue" &c. But then the reference back from the parcels in the actual assignment is less convenient; for, with the recital in the text, the reference is to the hereditaments by the ultimate indenture assigned, or expressed to be assigned, a form which manifestly fails when the recital has been of a vesting and not of an assignment. If the suggested variation be made in the recital it would seem that the reference of the parcels should be to the hereditaments, which“ by the divers mesne assignments and acts in the law hereinbefore referred to, and the said indenture of the day of — , became vested in the said (trustee] for the residue then to come of the said term of — years, as hereinbefore is mentioned.” But in truth the inaccuracy of the recital in the text is so slight, and has been so long sanctioned by practice, that the necessity of any alteration may be doubted. In the previous recital as to the freehold, there is an inaccuracy of the same kind, which may perhaps be removed by reciting that “by divers mesne assurances and acts in the law, and the ultimate indenture, the reversion &c., became limited to such uses" &c; or, if the ultimate indenture were a conveyance in fee, “became vested in for an estate of inheritance in fee-simple.”
(e) If the abstract do not furnish the means of stating this trust fully, Variation. or if conciseness be urgently desired, the following recital may suffice :“In trust for the said T. B., his heirs, appointees, and assigns, and to attend the inheritance."
ASSIGNMENT 26th day of June, 1823, and made or expressed to be made be
tween [parties], in consideration of the sum of £— , to the said T. B. paid by the said T. C., the said T. B., in pursuance of the said power limited to him by the said indenture of the 16th day of April, 1819, did, by the said indenture now in recital, direct and appoint, and also grant and demise (f) unto the said T. C., his executors, administrators, and assigns, the messuage, lands, hereditaments and premises, comprised in the said indenture of the 16th day of April, 1819, to hold the same unto the said T. C., his executors, administrators, and assigns, for the term of one thousand years, without impeachment of waste, subject nevertheless to a proviso in the said indenture now in recital contained for redemption of the same premises, on payment by the said T. B., his heirs, executors, administrators, or assigns, unto the said T. C., his executors, administrators, or assigns, of the sum of £500, at the time therein mentioned, with interest for the same after the rate, at the times, and
in manner therein mentioned: And WHEREAS the said -of the will of T. B. duly made, signed, and published his last will and the owner of the reversion,
testament, bearing date the 19th day of September, 1826, and thereby gave and devised unto his two nieces, the said M. D. and E. F. (among other things), all that his freehold, messuage, or tenement, buildings, farms, lands, hereditaments, and premises, called the purchased by him of — with the appurtenances (being the premises comprised in the said indenture of the 16th day of April, 1819), to hold the same unto the said M. D. and E. F., their heirs and assigns for ever, as
tenants in common: And WHEREAS the said T. B. died -of his death. in the month of August, 1828, without having revoked or
altered his said will: And WHEREAS the said T. C. duly --of the will made, signed, and published his last will and testament, of the mort
bearing date the 6th day of January, 1829, and thereby
(f) This deed, or the recital of it, is irregularly framed; for the appointment, and the grant, and the demise, should have been kept distinct, supra, p. 212, n. (9).
Said. therebyrer, to a
after bequeathing several legacies, gave unto his son E. C., ASSIGNMENT all the residue of his personal estate and effects whatsoever and wheresoever, to and for his own use, and the said T. C. thereby appointed the said E. C. sole executor of his said will: AND WHEREAS the said T. C. died in the month of his death, of March, 1829, without having revoked or altered his said of his will, and the same was proved by the said E. C., on the 12th day of July, 1829, in the Prerogative Court of the Archbishop of Canterbury: And whereas, by an inden- —of deed of ture of release bearing even date with, but executed before
mat ovenutod hefore even date being
o the purchase the execution of these presents, grounded on a lease for a deed. year, and made or expressed to be made between the said C. D., and M. D., and E. F., of the first part, the said E. C. of the second part, the said G. H. and R. H., his wife, of the third part, the said I. K. of the fourth part, and X. Y. of the fifth part, in consideration of the sum of £- to the said E. C., and the sum of £— to the said C. D., and M. D., and E. F., paid by the said I. K., the said C. D. and the said M. D., with the concurrence of the said C. D., (testified as therein mentioned), and the said E. F. did grant, release, confirm, and dispose of in manner therein mentioned, and the said E. C., to the intent that the said term of one thousand years might be merged and extinguished in the reversion of the premises therein comprised, did surrender unto the said I. K. and his heirs, the messuage, lands, and other hereditaments therein mentioned (including the said hereditaments hereinbefore mentioned and comprised in the said term of — years) (the attendant term], to hold the same unto the said I. K. and his heirs, to the use of the said G. H. and his assigns for his life, with remainder to the use of the said I. K. and his heirs, during the life of the said G. H., in trust for him and his assigns, and to preserve contingent remainders, with remainder to the use of the said X. Y., his executors, administrators, and assigns, for the term of ninetynine years, upon the trusts therein mentioned, for securing an annuity for £— to the said R. H. for her life or widowhood, in case she survived the said G. H., and an annuity of £--- to S. F. for her life, if she suryived the VOL. III.